Writ Petition Not Maintainable If Alternative Statutory Remedy Was Available With The Taxpayer: Madras High Court Reiterates

The Madras High Court has reiterated that a writ petition is not maintainable if an alternative statutory remedy was available to the taxpayer. The single bench of Justice C. Saravanan has observed that there are a few exceptions to the rule of alternative remedy. Firstly, where the statutory authority has not acted in accordance with the provisions of the enactment in question....

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety

Granting relief to a woman convict, the Delhi High Court recently modified a suspension of sentence condition for deposit of surety bond to deposit of a personal bond instead, on account of her being unable to furnish the surety.Observing that every day of freedom matters, Justice Jasmeet Singh was of the view that the accused cannot be made to stay in jail for the reason that she could...

Courts Duty Bound To Consider All Contentions Raised By Parties While Deciding Bail Applications: Karnataka High Court

The Karnataka High Court has said that courts are bound to take into consideration all the contentions raised by the parties while hearing a bail petition filed before it and then pass an appropriate order. A single judge bench of Justice Mohammad Nawaz while granting bail to Nelson Raj and three other accused said, "When a bail petition is filed, the Court is bound to take...

S.19(2) Food Adulteration Act | Vendor Not Liable For Articles Purchased From Manufacturer With Written Warranty: Gujarat High Court

Referring Section 19(2) of the Food Adulteration Act, the Gujarat High Court has explained that a Vendor shall not be deemed to have committed any offence under the Act, if he has purchased the food article in question from a manufacturer, distributor or dealer with written warranty. Keeping in view the provision, the High Court refused to interfere with the order of Judicial...

Delhi High Court Issues Notice On Muslim Woman's Plea Challenging Constitutional Validity Of Talaq-E-Hasan

The Delhi High Court has recently issued notice on a plea challenging the practice of Talaq-e-Hasan as being unconstitutional and arbitrary as well as contrary to the United Nations Conventions of Human Civil Rights.As per Talaq-E-Hasan, a Muslim man can divorce his wife by pronouncing "talaq" once a month for three months.A vacation bench comprising of Justice Dinesh Kumar Sharma sought...

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA

The Rajasthan High Court has said that whether or not the provisions of Prevention of Corruption Act can be invoked against a private person is a question that requires consideration.Observing thus, it granted bail to a Chartered Accountant, who it held is not a public servant, booked under the Act after recovery of Rs. 2 lakhs.Essentially, the applicant-petitioner was arrested in connection...

Delhi High Court Orders Suspension Of Domain Name, Blocking Of Website 'My Voltas Care' In Trademark Infringement Suit By 'Voltas'

The Delhi High Court has ordered suspension of the domain name as well as blocking access to the website www.myvoltascare.com in a trademark infringement suit filed by home appliance company- Voltas.A vacation bench comprising of Justice Dinesh Kumar Sharma restrained owner of the website from using the registered and well-known trademark VOLTAS and its logo including the Website or listings...

Hindu Succession Act | Children Born From A Widow's First Marriage Can Inherit Property From Her Second Husband: Gujarat High Court

The Gujarat High Court has held that under Section 15 of the Hindu Succession Act, when a widow dies intestate, her heirs including son and daughter out of wedlock or even from illicit relationships are entitled to the share in her property. Justice AP Thaker further held that since the deceased widow in the instant case was one of the owners of the suit property, she had every right to...

Kerala Education Rules | Only State-Authorised Officer Empowered To Extend Higher Secondary School Teachers' Suspension Beyond 15 Days: High Court

The Kerala High Court recently observed that according to the proviso to Rule 67(7) of Chapter XIVA of Kerala Education Rules (KER), sanction to extend the period of suspension of a teacher in Higher Secondary School can only be granted by the officer authorised by the Government, and not by the Director of General Education (DGE). Justice Bechu Kurian Thomas added that though the power...

Delhi High Court Weekly Round Up: June 20 To June 26, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 578 TO 2022 LiveLaw (Del) 593Case Title: A-ONE REALTORS PVT.LTD. v. ENERGY EFFICIENCY SERVICES LTD. 2022 LiveLaw (Del) 578Case Title: SAJID KHAN v. STATE (NCT OF DELHI) 2022 LiveLaw (Del) 579Case Title: AMAZON SELLER SERVICES PRIVATE LIMITED & ANR. v. AMAZONBUYS.IN & ORS. 2022 LiveLaw (Del) 580Case Title: Delhi Airport Metro Express...

Bottles For Sample Collection Not Cleaned On Spot: Gujarat High Court Upholds Acquittal For Alleged Offences Under Food Adulteration Act

The Gujarat High Court recently upheld the acquittal of a general store owner, who was booked under the Prevention of Food Adulteration Act, after noticing that the mandatory provisions relating to cleanliness of bottles in which the samples were collected, were not followed.Justice Ashokkumar Joshi observed that the Food Safety Officer himself admitted that the captioned bottles were not...

Bombay High Court Weekly Round-Up: June 20 To June 26, 2022

Nominal Index [2022 LiveLaw (Bom) 221 – 2022 LiveLaw (Bom) 232]Priya Rishi Bhuta & Anr. vs Vardhaman Engineers and Builders & Ors. 2022 LiveLaw (Bom) 221 Mr. Nikhil Shyamrao Bhamare vs State of Maharashtra and another 2022 LiveLaw (Bom) 222 Bhanushali Studios Ltd. & Ors vs Telegram Messenger LLP & Anr 2022 LiveLaw (Bom) 223 HMG Industries Ltd vs Canara...