News Updates
Can't Presume That 8 Yr Old Victim Made Allegations Of Oral Sex Under Parents' Influence: Allahabad HC Denies Bail To POCSO Accused
The Allahabad High Court today denied bail to a man who has been accused of committing oral sex with a 8 year old girl as it noted that mere long detention in jail does not entitle an accused for bail.The Bench of Justice Rajesh Singh Chauhan further noted that the victim/prosecutrix was about 8 years at the time of incident, and therefore, the Court said, at the stage of bail, it cannot...
Claims Raised Before The Arbitral Tribunal Cannot Be Rejected Even If Not Mentioned In The Notice Issued Under Section 21 Of The A&C Act: Delhi High Court
The Delhi High Court has ruled that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act) should quantify the amounts that are claimed by the claimant before the Arbitral Tribunal. The Single Bench of Justice Vibhu Bakhru held that a notice under Section 21 is required to set out the disputes between the parties,...
No GST & TDS Applicable On Renting Of Immovable Property To Social Justice Department: AAAR
The Maharashtra Appellate Authority of Advance Ruling, consisting of members Asok Kumar Mehta and Rajiv Kumar Mital, has ruled that the renting of immovable property to the social justice department is exempt from GST and TDS.The appellant, Shital Tukaram Borade, is unregistered and is in the business of providing the services of renting out immovable property situated in Nashik, and is...
Promise To Marry Made To Married Woman Not Legally Enforceable, Offence Of Rape Not Attracted: Kerala High Court
The Kerala High Court has established that the promise alleged to have been made by the accused to a married woman that he would marry her before engaging in sexual relations with her is not enforceable in law and thus it cannot be a ground for the prosecution to argue that the woman had consented due to a misconception of fact. Holding so, Justice Kauser Edappagath quashed all...
Medical Assessment & Rating Board Entrusted To Regulate Medical Education In India, Must Show Prima Facie Justification For Its Orders: Delhi HC
The Delhi High Court has observed that the Medical Assessment & Rating Board (MARB) is an authority entrusted with an important task of regulating medical education in India. Thus, it is expected to at least prima facie show some justification for its decisions.It added that MARB cannot be given unbridled power to routinely overrule the assessors' inspection reports pertaining to...
Deoghar Cable Car Accident: Jharkhand High Court Takes Cognizance, Orders Inquiry, Seeks State Govt's Report
The Jharkhand High Court has taken suo motu cognizance of the April 10 ropeway accident in Deoghar in which at least two people were killed (in total 4 people died). The mishap occurred on Sunday at around 4:30 pm as the cable cars collided with each other due to a technical glitch on the ropeway.The Bench of Chief Justice Ravi Ranjan and Justice S. N. Prasad ordered an inquiry into the...
FIR For Obstructing Public Servant Against Param Bir's Alleged Aide Jeetendra Navlani Quashed By Bombay High Court
The Bombay High Court has quashed an FIR against one Jeetendra Navlani who was alleged to be connected to the former Mumbai Police Commissioner Param Bir Singh by the investigating officer of the case, Anup Dange. Navlani, who is a developer and owner of a restaurant & bar in South Mumbai, was booked under Section 186 IPC for causing obstruction to a public servant from...
6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court
The Andhra Pradesh High Court recently granted bail to a man accused of possessing 6 Kgs of Ganja, observing that the same is not a "commercial quantity" and thus the case for grant of bail will not be governed under Section 37 of NDPS Act.Commercial Quantity in relation to narcotic drugs and psychotropic substances is defined under Section 2(viia) of the Act. It means any quantity...
"Produce Him Or Exemplary Cost May Be Imposed": Allahabad High Court Warns UP Govt In Case Of 82 Year Old Missing Man
In what appears to be the last opportunity, the Allahabad High Court has directed the Uttar Pradesh Government to produce the 82-year-old man who went missing from TB Sapru Hospital in Prayagraj during COVID's second wave, around 11 months ago.The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has also taken a serious view of this matter and has directed the respondents...
Uttarakhand High Court Upholds Amendment To Recruitment Rules "Enlarging" Scope Of Eligibility Criteria During Selection Process
The Uttarakhand High Court dismissed a petition challenging the decision of the Uttarakhand Subordinate Service Selection Commission to permit non-B.Ed. candidates to apply for the post of Assistant Teacher L.T. Grade.It was the case of the petitioners that the eligibility criteria was enlarged mid selection process, and the same is illegal. Justice Manoj Kumar Tiwari dismissed...
Provision For Seeking Adjournment Under Order XVII Rule 1 CPC Is Rule Of Procedure, Directory In Nature: Bombay High Court
The Bombay High court on Monday, through single judge, Prithviraj K.Chavan, regarded how Rules of procedure (in this case provision of seeking adjournments under Order XVII Rule 1 CPC) are indeed "handmaids of justice" and are meant to advance ends of justice and not to thwart or obstruct the same.Accordingly, the court agreed to grant more opportunities for evidence to...
State Forfeiting Private Property Without Giving Compensation Or TDR Certificates Violates Art. 300A Of Constitution: Karnataka High Court
The Karnataka High Court has directed the State government and Bruhat Bengaluru Mahanagara Palike (BBMP) to grant Transferable Development Rights (TDR) Certificates to a group of petitioners who surrendered their land to the corporation few years ago and still haven't received the TDR in-lieu of compensation. A single judge bench of Justice Krishna S Dixit while allowing a batch...