News Updates
Magistrate Must Afford Opportunity Of Hearing & Record His Satisfaction About Alleged "Nuisance" Before Passing Order U/S 133 CrPC: Karnataka HC
The Karnataka High Court has said that the power under Sections 133, 138 and 139 of CrPC to prevent public nuisance has to be exercised by affording sufficient opportunities to the parties and to record evidence and to arrive at a legal finding that the action of the person has resulted in nuisance to the general public at large. A single judge bench of Justice V. Srishananda made...
Rajiv Gandhi Assassination: Madras High Court Reserves Order On Convicts' Plea For Premature Release
The Madras High Court on Monday reserved orders on a plea filed by S. Nalini and RP Ravichandran for their premature release.When the matter came up before the bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala, the court stated that the powers of the Supreme Court under Article 142 could not be compared to the powers of the High Court under Article 226.The court stated that if...
IBC Cases Weekly Round-Up: 30 May To 5 June, 2022
Supreme Court Recovery Certificate Holder Can Initiate CIRP As Financial Creditor Under IBC: Supreme Court Case Title: Kotak Mahindra Bank Limited v A. Balakrishna & Anr. Case No.: 2022 LiveLaw (SC) 534, Civil Appeal No. 689 of 2021 The Supreme Court bench, comprising of Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna, has held that a liability in respect of a...
Penalty Can't Be Imposed Without Giving The Opportunity Of Hearing To The Taxpayer: Andhra Pradesh High Court
The Andhra Pradesh High Court has ruled that the GST penalty cannot be imposed without giving the taxpayer an opportunity of hearing.The division bench of Justice C. Praveen Kumar and Justice V. Sujatha has observed that any rectification under Section 161 of the CGST Act, which adversely affects any person, is possible only after following the principles of natural...
NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court
The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension.The Petitioner, seeking regular bail in matter involving recovery of more than 20 kg tablets containing Tramadol salt,...
Show Cause Notice Mailed To The Wrong Email Address: Delhi High Court Remands The Matter To The Assessing Officer For A Fresh Decision
The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has remanded the matter to the assessing officer for a fresh decision as the department mailed the show cause notice to the wrong email address.The petitioner/assessee submitted that the department alleged that the petitioner's claim for IGST Refund was incorrect and, hence, the amount "is...
Hanshkhali Gangrape & Murder: Victim's Kin Alleges Misconduct By Inspector-In-Charge Of Police Station
A plea has been raised before the Calcutta High Court on Monday on behalf of the parents of the deceased minor victim in the Hanshkhali gangrape and murder case, citing misconduct of concerned State police authorities. The Court had earlier ordered a probe by the CBI into the case. According to reports, a 14-year-old girl belonging to the scheduled caste community died on April 5 after she...
Motor Accident Compensation For 'Loss Of Future Prospects' May Be Awarded Even If Disability Not Result Of Amputation: Karnataka High Court
The Karnataka High Court has held that 'Loss of future prospects' has to be factored in, notwithstanding the fact that it is not a case of death but a case of injury without amputation resulting in whole body disability, which ultimately has a bearing on the reduced earning capacity. A division bench of Justice Krishna S Dixit and Justice P Krishna Bhat sitting at Dharwad said, "In...
Bombay High Court Weekly Round Up : May 27 - June 5,2022
Nominal Index Harish Chandra Damodar vs UOI 2022 LiveLaw (Bom) 196 Balusha Santosh Bhasal and Anr. Versus State of Maharashtra and Ors 2022 LiveLaw (Bom) 197 Shamrao Piraji Kadam v Prakash Shivaji Chavan and ors 2022 LiveLaw (Bom) 198 Pravin Sahebrao Bhogawade v The State of Maharashtra 2022 LiveLaw (Bom) 199 1. [Mumbai Local] Season Ticket Proof Of Bonafide...
Wrong Blood Transfusion Resulting In Death, A Case Of Medical Negligence; NCDRC
A bench comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member, has observed that, in most of the cases the hospital staff failing to respond to the signs and symptoms of a blood transfusion error. Thus, the cause can be as simple as a breakdown in safety protocols or poor training. The bench noted that, though most hospitals and surgical centres have strict...
Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High Court
The Kerala High Court has recently ruled that failure to supply the documents which were relied upon by the detaining authority for arriving at the subjective satisfaction to pass the detention order affects the rights of the detenus under Article 22(5) of the Constitution of India, particularly when they were specifically requested for by them. A Division Bench of Justice A.K...
CM Mamata Banerjee To Replace Governor As Chancellor Of State-Run Universities: Bengal Cabinet Clears Proposal
The West Bengal cabinet on Monday approved a proposal to replace Governor Jagdeep Dhankar and appoint Chief Minister Mamata Banerjee as the Chancellor of all state-run universities. The Cabinet also approved a proposal to remove the Governor as a Visitor at private universities with the State Education minister replacing him.The state-run universities in West Bengal come under various...