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RTI Act | Penalty U/S 20(2) For Destruction Of Information Sought Not Attracted In Absence Of Malafide: Gujarat High Court
The Gujarat High Court has held that where any information sought under the Right to Information Act is destroyed and it is not the case of malafide destruction of information, penalty under Section 20(2) of RTI Act shall not be attracted.Section 20 stipulates disciplinary action against a Public Information Officer where information sought is not supplied within the time specified, or...
Calcutta High Court Weekly Round Up: June 13 To June 19, 2022
Nominal Index [Citations 235- 247]Shri Adhir Ranjan Chowdhury v. State of West Bengal 2022 LiveLaw (Cal) 235Niladri Saha v. State of West Bengal and other connected matters 2022 LiveLaw (Cal) 236Ramesh Malik & Ors v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 237M/S. Dunlop India Limited and Ors v. Mathai and Sons 2022 LiveLaw (Cal) 238Abhisek Panda & Ors v. West...
Intention Of Parties A Key Factor To Ascertain Benami Transactions: Kerala High Court
The Kerala High Court recently ruled that the intention of the parties is a key factor in determining if a transaction was benami or not, which could be ascertained from the tests laid down by the Apex Court for this purpose.A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas also laid down that as long as there is no evidence to the contrary, when a husband...
Delay In Appointment Due To No Fault Of The Candidate Cannot Be Allowed To Result In Delayed Promotion: Gujarat High Court
A single judge bench of the Gujarat High Court consisting of Justice Biren Vaishnav held that delay in appointment, when entirely attributable to the employer and caused due to no fault of the candidate could not be allowed to result in a delayed promotion for the said candidate. Briefly, the facts of this case are that the Gujarat Panchayat Services Selection Board...
Karnataka High Court Weekly Round Up: June 13 - June 19, 2022
Nominal Index: CITIZENS ACTION GROUP v THE STATE OF KARNATAKA & Others. 2022 LiveLaw (Kar) 204 MURULY M.S. v. STATE OF KARNATAKA & others. 2022 LiveLaw (Kar) 205 Arun Vincent Rajkumar v S Mala. 2022 LiveLaw (Kar) 206 Hanumanthappa v State of Karnataka & Others. 2022 LiveLaw (Kar) 207 GANESH PRASAD HEGDE & Others v SUREKHA SHETTY. 2022...
Not Earnest In Discharging Duties Despite Court Orders: Kerala High Court Raps Police Over Postponement Of Cooperative Society Election
The Kerala High Court on Thursday expressed its concern over the inaction of the police to avoid riots at a scheduled election to a Cooperative Society despite specific court orders, which in turn encourages the widespread politicisation of cooperative societies in the State.A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha observed that when this Court directs police...
Only A Food Inspector Can Investigate A Commission Of Offence Related To Food Items As Per The FSS Act: Gauhati High Court
A single-judge bench of the Gauhati High Court, comprising Justice Rumi Kumari Phookan held that only a Food Inspector can investigate a commission of offence related to food items as per the Food Safety Standards Act, 2006 (FSS Act). The petitioner in this case was a company which has been granted license by the competent authority under the FSS Acr to manufacture pan-masala, which...
'Rejection Of A Bail In A Non-Bailable Case At The Initial Stage And The Cancellation Of Bail Have To Be Dealt On A Different Basis': Gujarat HC
Observing the difference between the rejection of bail in a non-bailable case and the cancellation of bail, the Gujarat High Court has quashed the bail order of an Accused person on the ground that 'misused the liberty and grossly violated the conditions of the bail.' The Applicant (Original Complainant) indicated that goods worth INR 42,35,000 were stolen from his house and as a...
Breaking: Centre Notifies Transfer Of Justice Satish Chandra Sharma As Chief Justice Of Delhi High Court
The Central Government has notified the transfer of Justice Satish Chandra Sharma as the new Chief Justice of the Delhi High Court. Justice Sharma has been serving as the Chief Justice of the Telangana High Court.The notification dated June 19, 2022 reads thus:"In exercise of the power conferred by clause (1) of Article 222 of the Constitution of India, the President, after consultation with...
Centre Notifies Appointment of Justice SS Shinde As Chief Justice of Rajasthan High Court
The Central Government has notified the appointment of Justice Shinde Shambhaji Shivaji as the Chief Justice of the Rajasthan High Court. He is presently serving as the Judge of Bombay High Court.He has less than two months of tenure left as a High Court judge.Justice Shinde was recently recommended by the Supreme Court collegium for elevation as a Chief Justice.Justice Shinde has presided...
Mere Presence Of The Person In The Brothel During Raid Does Not Entail Penal Consequences: Madras High Court
While quashing criminal proceedings against a person who was arrayed as an accused during a raid of a Massage centre which was allegedly a brothel, the Madras High Court bench of Justice N Sathish Kumar observed that merely because the petitioner was in the place, he could not be fastened with penal consequences. In the present case, the allegation against the petitioner was that he...