"Fictitious Witnesses" In NDPS Cases: Delhi High Court Seeks Records From NCB, Customs & DRI

The Delhi High Court on Tuesday directed the Directorate of Revenue Intelligence ('DRI'), the Narcotics Control Bureau ('NCB') and the Customs Department to place on its record a statement of cases under the NDPS Act and the Customs Act which were put to trial by the respective department in various Courts in the city during the last 5 years. The order has been passed by a Division...

Why Not Release AG Perarivalan In Rajiv Gandhi Assasination Case? Supreme Court Asks Centre

In a significant development, the Supreme Court on Wednesday asked the Central Government why can't AG Perarivalan, the convict in the Rajiv Gandhi assasination case, be released, having regard to the fact that the Court has been releasing many prisoners who have served over 25 years of sentence.The Court said that without deciding the legal issue as to who is competent to grant him remission...

Insurance Company Not Liable If Motor Vehicle At Time Of Accident Was In Breach Of 'Purpose Of Use' As Per Policy: Telangana High Court

The Telangana high Court recently ruled that the insurance company is not liable to pay compensation under Motor Vehicle Act if the vehicle at the time of accident was in breach of the terms and purpose of the insurance policy. Brief Facts of the Case One Padma-deceased was working as a labourer in the employment of the owner of the Tractor and Trailor. One day, while the...

Persons From Whom Amounts Were Collected Based On An Unconstitutional Levy Entitled To Refund: Kerala High Court

The Kerala High Court has ruled that persons from whom a fee was collected under a State Circular calling for applications for use of unnotified land for other purposes were entitled to refund of the amount since the circular was struck down as unconstitutional. Justice T.R. Ravi observed that the issue of whether the claim for refund of amounts which have been collected based on...

Why Not Close Cheque Cases With Amount Below A Certain Limit? Supreme Court Asks Centre, States & Banks

Expressing concerns at the huge volume of cases for dishonour of cheque under Section 138 of the Negotiable Instruments Act clogging the courts system, the Supreme Court on Wednesday suggested the formation of a policy for closure of cases of banks and financial institutions involving amount below a certain limit. The Court suggested that such policy can exempt the complaints filed by...

Electricity Distribution Company Can Install Electric Poll On Private Land, Shifting Charges To Be Paid By Aggrieved Person: Calcutta HC

The Calcutta High Court on Tuesday observed that West Bengal State Electricity Distribution Company Limited has the right to install electric polls on private land and can also take necessary action in respect of any property in the event it is not possible to take the electric connection in-question over an alternative passage.A Bench comprising Chief Justice Prakash Shrivastava and...

Order 1 Rule 10 CPC | Impleadment Of Parties Need Not Be Allowed If It Would Lead To Multiplicity Of Proceedings: Telangana High Court

The Telangana High Court in a recent case held that the impleadment of parties was not required in the case as the parties in impleadment applications were already being effectively represented in the suit for cancellation of Sale Deed. Brief Facts of the Case This revision petition was filed by the plaintiff aggrieved by the order passed in Interlocutory Application...

Evidence Of Last Seen Together By Itself Not Conclusive That Death Was At Hands Of Accused: Bombay High Court

The Bombay High Court recently observed that the evidence of 'last seen together' by itself would not lead to the conclusion that the death was at the hands of the accused. Justice S.G. Dige and Justice Sadhna S. Jadhav observed that there was enough evidence to show that the accused, Ganesh, had abandoned the deceased, Sanjay, after the incident and the fact that they were together...

True Equity & Justice Of Society Depends On How Fairly It Treats Its Children: Justice S. Ravindra Bhat

The Orissa High Court, in collaboration with the Department of Women and Child Development, Government of Odisha and UNICEF, has organised a Regional Consultation Program on Effective Implementation of Juvenile Justice (Care and Protection) Act, 2015 on Saturday. Justice S. Ravindra Bhat, Judge, Supreme Court of India and Chairperson, the Juvenile Justice Committee, Supreme Court of...

Interest Free Security Deposit Is An Operational Debt: NCLAT

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of comprising of Justice Ashok Bhushan, Dr. Alok Srivastava and Ms. Shreesha Merla in the case of Vibrus Homes Pvt. Ltd. versus Ashimara Housing Pvt. Ltd. held that an interest free security deposit towards advance license fee will qualifies as an operational debt under the Insolvency &...

Stray Dogs Menace: High Court Expands Scope Of PIL To Include Entire City Of Delhi

The Delhi High Court has expanded the scope of a public interest litigation filed in November 2018, seeking to address the menace created by stray dogs in the South Delhi Municipal Corporation area, to the entire national capital.The Petitioner, Conference For Human Rights (India), had sought implementation of the Prevention of Cruelty to Animals Act and the Animal Birth Control (Dogs)...

If Principles Of Natural Justice Are Violated, Writ Remedy Is Available Despite Statutory Appeal: Delhi High Court

The Delhi High Court has quashed an assessment order passed by the revenue department without issuing a prior show cause notice and draft assessment order to the assessee. The High Court has ruled that the assessment order was passed in violation of the principles of natural justice as well as the mandatory procedure prescribed under the "Faceless Assessment Scheme" under the Income...