State Not Expected To Take Land Of People & Not Pay Compensation- Allahabad HC Seeks State Chief Secretaries' Affidavits

Stressing that the state is not expected to take the land of the people and not pay the compensation, the Allahabad High Court on Tuesday sought the personal affidavits of Additional Chief Secretaries of the Uttar Pradesh state regarding the grievance of people who seek compensation for their land acquired by the state government.The Bench of Chief Justice Rajesh Bindal and Justice Piyush...

Delhi High Court Issues Directives To Central Govt Hospitals To Curb Corrupt Practices By Contractors While Engaging Workmen

The Delhi High Court has issued detailed directives to Central Government Hospitals to ensure that no improper and corrupt practices are indulged in by the contractors, in respect of engagement of contractual workmen.Stating that the hospital administration shall ensure that steps are taken and are monitored on a regular basis, Justice Pratibha M Singh stated that it will be the responsibility...

[Minimum Wages Act] Burden Of Person In Charge Of Company - Proviso To Section 22(c) Does Not Reverse Onus Of Proof : Supreme Court

The Supreme Court on Friday held that the burden on the accused to prove innocence under proviso to Section 22C(1) of the Minimum Wages Act,1948 shifts only when the ingredients of Section 22C(1) have been satisfactorily established by the prosecution. A bench comprising Justices R Subhash Reddy and Sanjiv Khanna quashed a summoning order and proceedings issued by the...

'A Citizen Suffering Due To State-Sponsored Vaccination Scheme': Kerala HC Orders Expeditious Redressal Of Plea Seeking Booster Shot For Intl Travel

The Kerala High Court on Tuesday directed the Centre to expeditiously redress the grievance of a petitioner seeking administration of the third dose of an internationally recognized Covid-19 vaccine for NRIs, who had already received two doses of Covaxin, which is not globally recognized for international travel.Justice P.V. Kunhikrishnan while clarifying that he was not endorsing...

Faceless Assessment Scheme : Bombay High Court Warns Assessing Officers Of Costs If Orders Are Passed Without Hearing Assessees

The Bombay High Court has made clear that it won't entertain the orders of Income Tax Department under National Faceless Assessment Scheme, if the assessing officer has failed to comply with the limits proscribed by Section 144 r/w 144B of the Income Tax Act. The bench of Justices K.R. Shriram and Amit Borkar set aside the assessment order dated 8th June, 2021 on the ground that...

Is Education A Service Under Consumer Protection Act ? Supreme Court Grants Leave In SLP Against NCDRC Judgment

The Supreme Court granted leave in a special leave petition which raises the issue whether education is a service within the Consumer Protection Act, 2019.The bench comprising Justices DY Chandrachud and BV Nagarathna noted that this issue is pending consideration in another case titled Manu Solanki vs Vinayaka Mission University.In this case, a boy participated in Summer Camp organized by...

'Delay In Lodging FIR Justified As There Was Atmosphere Of Terror, Trauma': Delhi Court Frames Charges Against 4 In Riots Case

A Delhi Court on Tuesday framed charges of rioting and unlawful assembly against four men in a case concerning the North East Delhi riots. It also observed that the delay of five days in reporting the incident to the police is justified as there was an atmosphere of terror and trauma after the riots erupted in the national capital. Additional Sessions Judge Virender Bhatt framed charges under...

Principle Of Preferential Candidates Applies When There Is A Tie With A General Candidate : Supreme Court

The Supreme Court observed that the principle of preferential candidates would apply when there is a tie between the preferential candidate and a general candidate and the person who is to be treated as a preferential can be given a mark over a general candidate.Rule 55 of Tamil Nadu State and Subordinate Service Rules read thus: Notwithstanding anything contained in these rules or in the...

JNU VC Could Not Have Exercised Powers To Appoint Chairpersons Of 9 Centres : Delhi High Court Restrains Them From Taking Major Decisions

The Delhi High Court has prima facie observed that the Vice Chancellor of Jawaharlal Nehru University could not have exercised the power to appoint chairpersons to 9 special centres and restrained them from taking major decisions during the pendency of the petitions challenging their appointments.A division bench of Justice Rajiv Shakdher and Justice Talwant Singh was hearing an appeal against...

The Concept Of "Detention" Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part IV [Webinar Video And Notes]

45. As per Section 37(1)(b)(ii) of the NDPS Act, if the offence involved is "commercial quantity" of a narcotic drug and if the public prosecutor opposes the bail application, then the Court can grant bail only if – (i) there are reasonable grounds for believing that the accused is not guilty...

Gold Smuggling Not "Terrorist Activity" Under UAPA Though It Threatens Economic Security Of Nation : Kerala High Court

The Kerala High Court on Tuesday ruled that, while gold smuggling could threaten the economic security of a country, the same is not covered by the provisions of the Unlawful Activities (Prevention) Act. A Division Bench of Justice K Vinod Chandran and Justice C Jayachandran made the observation while granting bail to prime accused Swapna Suresh and seven others in the gold smuggling case...

Covid 19 Not A Valid Ground For Seeking Further Extension Of Parole Leave: Karnataka HC

The Karnataka High Court has refused to extend the parole leave of a life convict on the grounds that he is suffering from COVID-19 disease. A single bench of Justice Krishna S Dixit while dismissing the petition filed by Rashi Kumara who has been on parole leave since March 18. The court said, "The vehement submission of counsel for the petitioner that he has been suffering from...