Karnataka High Court Weekly Roundup: February 7 To February 13, 2022

1: Sex CD Scandal: Karnataka HC Quashes Proceedings Initiated Against Bengaluru Police Commissioner Kamal Pant For Delay In Registering FIR Case Title: Kamal Pant v. State of Karnataka Case No: Writ Petition No.21264 OF 2021 Citation: 2022 LiveLaw (Kar) 39 The Karnataka High Court recently quashed the proceedings initiated against Bengaluru Police Commissioner Kamal Pant and two...

Calcutta High Court Weekly Round Up: February 7 To February 12, 2022

Judgments/Orders of the Week 1. 'Suffered Unnecessary Ignominy And Harassment': Calcutta HC Orders WBSEDCL To Pay Rs 6 Lakhs Compensation To Consumer For Unauthorised Disconnection Of Electricity SupplyCase Title: West Bengal State Electricity Distribution Company Limited v. Sukanta Kumar Singha and AnrCase Citation: 2022 LiveLaw (Cal) 30The Calcutta High Court has directed the West Bengal...

Condition To Surrender Property Free Of Cost For Road Widening To Sanction Building Plan Violates Article 300A: Karnataka HC Quashes BBMP Circular

The Karnataka High Court has quashed the circular issued by the Bruhat Bengaluru Mahanagara Palike (BBMP), dated 29.2.2016 by which it directed property owners to relinquish the properties earmarked for road widening in the master plan, free of cost as a condition precedent for processing their applications for sanctioning of building plans. A single judge bench of Justice...

Persons Not Named In Crime Have No Locus To Seek Quashing Of Proceedings Concerning Some Other Accused: Supreme Court

The Supreme Court has observed that the persons who are not named as accused in crime or the case registered by CBI based on the crime cannot be permitted to ask for quashing of the proceedings concerning some other persons (accused). The bench of Justices AM Khanwilkar & CT Ravikumar was considering SLP assailing Uttar Pradesh High Court's order dated January...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-102]

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PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court

The Supreme Court has observed that High Court's order of setting aside the provisional attachment order does not per se nullify the adjudication proceedings under Prevention of Money Laundering Act, 2002 ("PMLA") and that the Adjudicating Authority can proceed for taking it to its logical end in accordance with law.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a...

Kerala High Court Weekly Round Up: February 7 To February 12, 2022

Judgments This Week:1. Delay Fatal Only If Parties Attempt To Obtain Any Unfair Advantage : Kerala High CourtCase Title: State of Kerala v. Sunil N.S. @ Pulsar Suni & Ors.Citation: 2022 LiveLaw (Ker) 63The Court ruled that a delay in filing an application only becomes fatal if by allowing such application, the applicant obtains an unfair benefit or if any prejudice will be caused to...

Delhi High Court Appoints Justice Gita Mittal As Chairperson Of Committee Of Administrators To Run Table Tennis Federation Of India

The Delhi High Court has appointed Justice Gita Mittal, former Chief Justice of Jammu and Kashmir High Court as Chairperson of the Committee of Administrators to conduct the affairs of the Table Tennis Federation of India. Justice Rekha Palli appointed a three member committee of administrators on Friday this week, thereby suspending the operation of it's Executive Committee after observing...

Taxation Relaxation Act Doesn't Sanction Applying Repealed Provisions : Madras HC Sets Aside Reassessment Notices U/S 148 Of Old Income Tax Act

The Madras High Court has recently set aside a number of reassessment notices issued under the 1961 Income Tax Act by iterating that the Taxation Relaxation Act, 2020 only extends the period of limitation and not the application of repealed provisions in light of the amended provisions effective from 1st April, 2021.The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice...

Hijab Row: PIL In Supreme Court Seeks Common Dress Code In Educational Institutions

In the backdrop of protests against the hijab ban in colleges in Karnataka, a law student has moved the Supreme Court seeking directions to the Centre and States to strictly implement Common Dress Code in registered and State recognized Educational Institutions. The direction has been sought in order to secure social equality, assure dignity and promote fraternity, unity and...

NEET PG 2022 : Plea In Supreme Court Seeks Clarity On Applicability Of EWS Criteria

NEET PG 2022 aspirants have approached the Supreme Court seeking clarity in the information bulletin for NEET PG 2022-23 regarding the applicability of EWS criteria for 2022-23.It has been argued in the petition that it would be unfair to accept the candidates to choose EWS category as per the criteria set out in the OM of 2019 when the issue is sub judice before the Top Court. The bench...

Teacher Who Administers Moderate Force On Pupil To Enforce Discipline Without Malicious Intention Can't Be Fastened With Penal Liability : Kerala High Court

The Kerala High Court recently held that a teacher who administers a reasonable force on a pupil without any malicious intention to enforce discipline in a classroom should not be fastened with criminal liability. Holding so, Justice Kauser Edappagath discharged a teacher against whom the trial court had framed charges, finding that there was no sufficient ground for proceeding against her....