Section 167(2) CrPC- Investigating Agency Can't Curtail Accused' Right To Default Bail By Invoking Graver Charges: Bombay High Court

The Bombay High Court has made it clear that an investigating agency cannot thwart the right to default bail of an accused by merely invoking graver charges.Justice CV Bhadang observed,"There is no manner of doubt that the investigation is within the province and domain of the investigating agency. However that does not mean that the court, in almost all cases, would be bound by...

Suit For Injunction In Respect Of Immovable Property Not Abated On Death Of Parties: Karnataka High Court

The Karnataka High Court has said that in a suit relating to grant of injunction in respect of an immovable property, the right to sue is not personal to the plaintiff but survives to his legal representative and the suit for injunction would not therefore abate on the death of the parties. A Single Judge bench of Justice N S Sanjay Gowda said,"The right to enjoy possession of an...

Income Tax Not Applicable On Interest Awarded By The Motor Accident Claim Tribunal: Gujarat High Court

The Gujarat High Court bench of Justice J.B. Pardiwala and Justice Nisha M. Thakore has held that the interest awarded by the Motor Accident Claim Tribunal (MACT) under section 171 of the Motor Vehicles Act 1988 is not taxable under the Income Tax Act, 1961.The writ applicant, Oriental Insurance Co. Ltd., is an insurance company. One Motor Accident Claim Petition was filed in the...

Meta Does Not Discharge Public Function, Rights Under Article 19 Cannot Be Invoked Against A Private Entity: Delhi High Court Told

Meta Platforms Inc, formerly known as Facebook, has informed the Delhi High Court that it does not discharge a public duty or function and as such is not amenable to writ jurisdiction under Article 226 of the Constitution.It has also said that fundamental rights enumerated under Article 19 cannot be invoked against a private entity such as Meta. Meta Inc also provides the Instagram service...

Dismantling Of Existing Sleeper And Installation Of New Sleepers For Railways Attracts 12% GST: West Bengal AAR

The West Bengal Authority of Advance (AAR), consisting of members Brajesh Kumar Singh and Joyjit Banik, has ruled that the dismantling of existing sleeper fixings and/or installation of H-Bean Steel sleepers amounts to the execution of original work and would attract 12% GST.The applicant, Utkarsh India Limited, was awarded a contract by East Coast Railways, Khurda Road Division, Orissa...

"Burning Issues Emerge From Madrasas": PIL In Allahabad HC Seeks Merger Of UP Madrasas With State's Secondary Education Board

A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court seeking a direction to merge all Madrasas of Uttar Pradesh with the Uttar Pradesh Madhyamik Siksha Parishad and the UGC so that the Madrasa students can come out of the rigid religious mindset.The PIL plea has been moved by petitioner in person Saher Naqvi wherein she has stated that since common education...

[Forced Religious Conversions In Govt Schools] What Is The Harm In Framing Guidelines? Madras High Court Asks TN Govt

The Madras High Court on Thursday asked the State Government what was the difficulty in framing guidelines against alleged forced religious conversions in government schools. It observed that though the Constitution gives a right to profess a religion of one's choice, it does not give any right to forcibly convert. The bench of Justice R. Mahadevan and Justice S. Ananthi was hearing...

NCLAT Nod To Roma Unicon Designex Consortium As The Successful Resolution Applicant Of Earth Infrastructure Ltd.

The National Company Law Appellate Tribunal ("NCLAT") Principal Bench comprising of Justice Ashok Bhushan (Chairperson), Ms. Shreesha Merla (Technical Member) and Dr. Alok Srivastava (Technical Member), recently adjudicated an appeal filed by a Financial Creditor in Bipin Sharma v Earth Infrastructure Ltd. & Anr., challenging the eligibility of the Successful Resolution...

Relief For HT Media: Delhi High Court Grants Ex-Parte Interim Injunction Against Infringing Website Hindustan Times Marathi

The Delhi High Court recently granted ex-parte interim injunction in favour of HT Media Limited which runs news publications in various languages in the name Hindustan Times, against a party using a deceptively similar logo and domain name. Justice Jyoti Singh observed: "Having heard the learned counsel for the Plaintiffs, this Court is of the view that Plaintiffs have made out a...

'Larger Issue': Calcutta HC Directs WB Electricity Distribution Company To File Report On Street Lighting Facilities In Villages To Curb Rape Incidents

The Calcutta High Court on Monday directed the West Bengal State Electricity Distribution Company (WBSEDCL) to file a report in respect of providing street light connections in the streets of villages in West Bengal in order to curb incidents of rape and molestation. A Bench comprising Chief Justice Prakash Srivastava and Justice Rajarshi Bharadwaj was adjudicating upon a Public...

District Collector Can Be Notified As 'Appropriate Government' Under Right To Fair Compensation Act: Kerala High Court

The Kerala High Court has held that a District Collector can be notified as the 'appropriate government' mentioned in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Justice Devan Ramachandran found that as per Section 3E of the Act, the State Government can notify a District Collector to be the "appropriate Government" and he...

Delhi High Court Issues Notice On Plea Seeking Mandatory Insurance Cover For Electric Bikes

The Delhi High Court has issued notice on a public interest litigation, seeking directions to make insurance cover compulsory for all electric vehicles, more particularly two wheelers and three wheelers, before they are delivered to the owner-purchaser and brought on road.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla has issued notices to both Central...