BREAKING| Karnataka High Court Stays ED Order Seizing Xioami India Assets

The Karnataka High Court on Thursday stayed the order issued by the Enforcement Directorate dated April 29, by which it has seized Rs.5551.27 Crore of M/s Xiaomi Technology India Private Limited under the provisions of Foreign Exchange Management Act,1999. A single judge bench of Justice Hemant Chandangoudar while issuing emergent notice to the respondent on the petition filed by...

Calcutta High Court Monthly Digest: April 2022 [Citations 102 - 153]

Nominal Index [Citations: 102 -153]Central Bureau of Investigation v. Biman Kumar Saha & Anr 2022 LiveLaw (Cal) 102Dr. Santi Prasad Sinha v. Laxmi Tunga & ors 2022 LiveLaw (Cal) 103Irina Mullick v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 104Purnima Kandu & Anr v. State of West Bengal 2022 LiveLaw (Cal) 105Laxmi Tunga & Ors v. The State of West Bengal & Ors...

Allahabad High Court Seeks UP Govt's Reply On Ex-MLA Mukhtar Ansari's Chargesheet Quashing Plea In Funds Misappropriation Case

The Allahabad High Court on Wednesday directed the State Government to file its counter affidavit within a period of six weeks on a petition filed by former MLA Mukhtar Ansari (presently in jail) seeking to quash a charge sheet filed against him by the Uttar Pradesh police in connection with a case of misappropriation of MLA Funds fund in the year 2012-13.This order has been issued by the...

Supreme Court Reserves Judgment On Abu Salem's Plea That His Sentence Can't Exceed 25 Years As Per Indian Undertaking To Portugal

The Supreme Court, on Thursday, after hearing the Counsels for the parties reserved judgment in a plea by 1993 Bombay Blast case convict Abu Salem that his sentence of imprisonment cannot exceed 25 years as per the undertaking given by India to Portugal. Appearing before a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh, Advocate, Mr. Rishi Malhotra, representing...

"Bhaiya Is Back" Posters Lead To Supreme Court Cancelling Bail Granted To Rape-Accused Student Leader

In a case where posters saying "Bhaiya is back" was put up to celebrate the release of a rape-accused on bail, the Supreme Court set aside the bail, observing that "brazen conduct of the accused has evoked a bona fide fear in complainant's mind that she would not get a free and fair trial if he remains enlarged on bail and that there is a likelihood of his influencing the material...

Allahabad High Court Dismisses PIL Seeking Upgradation Of Overall Working Conditions, Pay Structure, Etc Of CBI Prosecution Cadre

The Allahabad High Court on Wednesday dismissed a Public Interest Litigation (PIL) plea seeking a direction to the Department of Personnel and Training (DOPT) and the Central Bureau of Investigation (CBI) to upgrade the overall working condition, pay structure, support staff, incentive, etc of CBI Prosecution Cadre.The plea has been moved by one Rama Kant Dixit over the alleged...

Loudspeaker Row: PIL In Bombay High Court To Book Raj Thackarey For Sedition, Restrain Him From Touring Maharashtra

One Hemant Patil, claiming to be a social and political activist, has approached the Bombay High Court seeking registration of an FIR against MNS Leader Raj Thackarey, alleging Sedition and to restrain him from organising tours and press conferences in Maharashtra on the issues of reciting the Hanuman Chalisa on loudspeakers and raising cries to remove loudspeakers from Mosques. He says...

Equilibrium Between Power Of The Income Tax Dept. Of Reassessment And Rights Of The Assessee: Supreme Court

The Supreme Court, by invoking the extraordinary jurisdiction under Article 142 of the Constitution of India, saved over 90,000 Income Tax Reassessment notices issued after the 2021 Amendment by deeming them as notices under Section 148A of the Income Tax Act. At the same time, in order to protect the interests of the assessees, the Apex Court directed that the income tax...

3 Months Old Toddler Moves Delhi High Court As NDMC Denies Maternity Leave To Mother

A 3 months old toddler has moved a petition before the Delhi High Court seeking enforcement of his "right to maternal care" as his mother was denied maternity leave by the North Delhi Municipal Corporation. The leave was denied since this is her child. The Petitioner has asserted his rights under Articles 14 and 21 of the Constitution of India to care by his parents.NDMC on the other...

'My Stand May Be Different From Govt": Attorney General Says Guidelines Needed To Prevent Misuse Of Sedition Law

The Attorney General for India KK Venugopal on Thursday told the Supreme Court that there was no need to scrap Section 124A of the Indian Penal Code, which criminalizes sedition, and added that guidelines can be framed to prevent misuse of the provision.The AG said that there was no need to reconsider the 1962 judgment in the Kedar Nath case - which retained Section 124A by reading it down- as...

Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court

The Bombay High Court has made it clear that an investigating agency cannot thwart the right to default bail of an accused by merely invoking graver charges.Justice CV Bhadang observed,"There is no manner of doubt that the investigation is within the province and domain of the investigating agency. However that does not mean that the court, in almost all cases, would be bound by...

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court

The Karnataka High Court has said that in a suit relating to grant of injunction in respect of an immovable property, the right to sue is not personal to the plaintiff but survives to his legal representative and the suit for injunction would not therefore abate on the death of the parties. A Single Judge bench of Justice N S Sanjay Gowda said,"The right to enjoy possession of an...