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Person Invoking Article 226 Jurisdiction Must Come With Clean Hands, Must Disclose Complete & Correct Facts: Delhi High Court
The Delhi High Court has observed that a person approaching the High Court under Article 226 of the Constitution must come with a pair of clean hands, adding that there must be disclosure of full, complete and correct facts.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla also observed that a petitioner should not suppress any material facts and also...
Failure Of Customs Broker To Observe Due Diligence Leading To Facilitate Fake Importers: CESTAT Revokes Licence
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) affirmed the revocation of the customs broker's licence because the customs broker failed to conduct due diligence, allowing fake importers to operate.The two-member bench of S.K. Mohanty (Judicial Member) and P. Anjani Kumar (Technical Member) observed that the institution of customs brokers was created...
Waiver Under Section 12(5) Of A&C Act Has To Be By An Express Agreement In Writing: Delhi High Court
The Delhi High Court has ruled that any right under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act), that deals with the ineligibility of certain persons to be appointed as an arbitrator, can be waived of only by an express Agreement in writing entered into after the disputes had arisen between the parties. The Single Bench of Justice Vibhu Bakhru dismissed...
Pendency Of Commercial Cases: Supreme Court Expresses Dissatisfaction At Allahabad HC Report; Asks UP Govt To Consider Proposal For Additional Courts
The Supreme Court has directed the UP State Government to consider the proposal made by the Allahabad High Court to create additional commercial courts in four districts and take a final decision within a period of four weeks.The direction has been made considering submission made by the counsel appearing on behalf of the Allahabad High Court, under the instruction from the Registrar...
Personal Hearing By Way Of Exchange Of Chat Messages Not An Effective Opportunity Of Personal Hearing: Calcutta High Court
The Calcutta High Court has ruled that personal hearing conducted by way of exchange of chat messages cannot be said to be an effective opportunity of personal hearing to the assessee and that it does not satisfy the test of fairness or the principles of fair play. The Bench, consisting of Justices T.S. Sivagnanam and Hiranmay Bhattacharyya, reiterated that the moment...
Supreme Court Grants Liberty To 268 Jhuggi Dwellers Of Rajiv Gandhi Camp To File Representation Before DUSIB For Relocation & Rehabilitation
The Supreme Court recently permitted 268 Jhuggi dwellers who are members of Rajiv Camp Saidabad to file a representation before the Delhi Urban Shelter Improvement Board for relocation and rehabilitation. The bench of Justices LN Rao, BR Gavai and AS Bopanna also permitted the members to produce evidence to show that they are entitled to relocation and rehabilitation in terms of...
Motivated To Earn Profit: Calcutta HC Dismisses Bus Operators' Plea Seeking Right To Determine Fares
The Calcutta High Court has recently dismissed a plea moved by Bus and Minibus Operators' Associations seeking the operators' right in the matter of determination of fares in a manner proportionate to hike of the market price of fuel on the ground that such fixation of fares lies squarely within the authority of the executive. The plea filed contended that the provisions of Section 67 of...
Advocate Utters 'Ugly & Harsh' Words Before Presiding Officer-MACT: Allahabad High Court Issues Contempt Notice
The Allahabad High Court has issued a contempt notice to an advocate who used ugly and harsh words in the court of the Presiding Officer/ District Judge, Motor Accident Claims Tribunal, Hardoi, in December 2021.The Bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur found that prima facie, the act of the advocate (Sharad Kumar Gupta) scandalizes or tends to scandalize and lower...
Supreme Court Allows OCI Candidates In Kerala Entrance Exams To Apply Against NRI Seats Without Uploading Documents Establishing NRI Status
The Supreme Court recently passed an interim order to allow OCI Candidates who had applied for counselling under Kerala Engineering Architecture Medical 2022 ("KEAM") in Kerala to apply for State and All India Examinations and counselling against the NRI seat by production of proof of his/her OCI status and domicile in a state/India.The bench of Justices S Abdul Nazeer and Krishna Murari...
Supreme Court Permits Maharashtra Government To Submit Proposal To Centre Under CPS Scheme To Start 20 Open Shelter Homes For Children In Street Situations
The Supreme Court, on Friday, granted permission to the Maharashtra Government to submit a proposal to the Union Government for starting 20 open shelters under the Children Protection Services (CPS) Scheme within a period of one week. It directed the Union Government to decide the application within two months thereafter. The Maharashtra Government was also directed to make an application...
Former UP AAG Jyoti Sikka's Appeal Against Single Judge's Adverse Remarks: Allahabad HC Asks Her To Approach Same Judge
Hearing an appeal filed by Former Additional Advocate General, Uttar Pradesh Jyoti Sikka challenging an order of the Single Judge containing adverse remarks made against her, the Allahabad High Court has asked her to approach "that very judge" who passed the order to seek redressal of her grievance. The Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi further requested...