License Of Liquor Vend Cannot Be Cancelled Merely Because Public Sentiment May Be Opposed To Its Location: Delhi High Court

The Delhi High Court has observed that unless the license of a liquor vend is shown to fall foul of any statutory provision or otherwise established to be in violation of any rule or regulation, the same cannot possibly merit cancellation, merely because "public sentiment" may be opposed to its location.Justice Yashwant Varma further added that public opinion or sentiment is not a factor...

Corruption Case: Approver Sachin Waze Seeks Default Bail As He Is Not Named In CBI Chargesheet

Dismissed Mumbai Police officer Sachin Waze, who has been declared an approver and pardoned in the case filed by CBI alleging corruption against him and former state Home Minister Anil Deshmukh, sought default bail on Tuesday. The application filed through advocate Aarti Kalekar sought relief under section 167(2) of the CrPC stating that the agency had not charge sheeted Waze along...

Rajasthan High Court Weekly Roundup: May 30 To June 5, 2022

Nominal Index Amit Swami & Ors. v. State of Rajasthan with other connected matters 2022 LiveLaw (Raj) 176 General Manager Rajasthan State Road Transport Corp., Jaipur & Anr. v. Sonu & Anr. with other connected matters 2022 LiveLaw (Raj) 177 Dhanwantri Institute Of Medical Science v. State Of Rajasthan & Ors. 2022 LiveLaw (Raj) 178 Rajendra Kumar...

Use Of High-Power Audio Systems, DJ LED Lights, Multi-Toned Horns In Motor Vehicles Not Legally Permissible: Kerala High Court

The Kerala High Court has recently held that the use of high-power audio systems with multiple boosters, power amplifiers, speakers and sub-woofers producing loud noise is legally impermissible in motor vehicles.A Division Bench of Justice Anil K Narendran and Justice P G Ajithkumar added that loud sound produced by such audio systems with a rating of several thousand watts PMPO (Peak Music...

Delhi High Court Expresses Concern Over Enforcement Of Judicial Orders Passed Against Domain Name Registering Companies Not Having Office In India

The Delhi High Court has said that it has become increasingly challenging to enforce orders passed by Indian Courts against domain name registering entities located across the globe, a large number of which do not have any base or office in India.Justice Pratibha M Singh expressed concern over enforcement of judicial orders against such entities with respect to blocking or suspension of...

Child Labour: Rajasthan High Court Seeks Concrete Action Plan In PIL To Institutionalise Rescue & Rehabilitation Mechanism

While hearing a public interest litigation seeking to institutionalise effective machinery and mechanism for rescue and post rescue rehabilitation of all child labourers in the State of Rajasthan, a division bench of the High Court has observed that a firm and concrete action plan is required from the state to curb child labour activities in the state.The present public interest litigation...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (May 30 - June 5, 2022)

Ancient Monuments and Archaeological Sites and Remains Act, 1958; Sections 20A, 20C, 20D -The repairs and renovation of the buildings, which are existing and the constructions which are necessary for providing basic facilities like drainage, toilets, water supply and distribution of electricity are kept out of the rigour of requirement of statutory permissions. (Para 51) Ardhendu Kumar...

Loss From Trading In Commodity Derivatives Non-Speculative In Nature, Can Be Set Off Against Regular Business Income: ITAT Lucknow

The Lucknow Bench of ITAT has ruled that trading in commodity derivatives, that satisfies the requirements of Clause (e) of the first proviso to Section 43 (5) of the ITAT, 1961, is non-speculative in nature, and thus the loss arising from it can be set off against the regular business income. The Bench, consisting of A.D. Jain (Vice President) and T.S. Kapoor (Accountant Member),...

Delhi Court Rejects Youtuber Gaurav Taneja's Suit Over Allegedly Defamatory Article Published By Mint Newspaper

A Delhi Court has rejected the suit filed by Youtuber Gaurav Taneja, popularly known as 'Flying Beast', and his wife Ritu Rathee against an allegedly defamatory article published by the Mint newspaper, on May 8, 2022. Civil Judge Anurag Chhabra of Tis Hazari Courts rejected the suit after observing that the plaintiffs had merely stated that the article was defamatory in nature against...

"Prisoners Do Not Have Voting Rights": ED Opposes Temporary Bail Pleas Of Anil Deshmukh & Nawab Malik Ahead Of Rajya Sabha Elections

The Enforcement Directorate has opposed applications filed by imprisoned former Maharashtra home minister Anil Deshmukh and state cabinet minister Nawab Malik seeking temporary bail for one day to cast their vote in upcoming Rajya Sabha elections, stating that prisoners don't have the voting rights under the Representation of the People (RP) Act. The elections are scheduled for June...

"Appoint Committee To Ascertain The Nature Of Structure Found Inside Gyanvapi Mosque": 7 Hindu Devotees Move Allahabad HC

Seven devotees of Lord Visheswar have moved the Allahabad High Court (Lucknow bench) seeking the appointment of a committee/commission headed by a judge of the high court or supreme court (present/retired) to study the nature of the structure found in the Gyanvapi campus.The Writ Petition seeks to ascertain whether a Shiva linga, as claimed by the Hindus had been found inside the mosque or if...

NCLT Has Power To Recall Its Order: NCLAT

The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Rakesh Kumar Jain and Mr. Alok Srivastva recently held that the National Company Law Tribunal has the power to recall its order of closing the right to file reply. Brief Background NCLT New Delhi vide its order dated 22.07.2021 closed the right to file reply of the Corporate Debtor. Appellant filed...