News Updates
Detention Of Goods In The Course Of Transportation On The Ground Of Undervaluation: Kerala GST Dept. Issues Instructions
The Kerala Goods and Service Tax Department has issued the instruction on the detention of goods in the course of transportation on the ground of undervaluation with reference to the Kerala High Court judgement in WP (C). No. 30798 of 2019(Y) dated 18.11.2019.The goods belonging to the petitioner in WP (C) No. 30798 of 2019 were detained in a parcel godown by the Intelligence Squad on...
Claim For Maintenance U/S 125 CrPC Lies Where Parties Reside, Not Places Where "Flying Visits" Are Made: MP High Court
The Madhya Pradesh High Court, Gwalior Bench has recently held that the word "resides" under Section 126 CrPC cannot be equated to a place where one makes 'a casual stay or a flying visit'.The provision provides that proceedings for maintenance under Section 125 may be taken against any person in any district: (a) where he is, or (b) where he or his wife, resides, or (c) where he last...
Punjab & Haryana HC Grants Relief To BJP Leader Tajinder Bagga In Case Over Alleged Statements Against Delhi CM Arvind Kejriwal
The Punjab and Haryana High Court has granted relief to Bharatiya Janata Party (BJP) leader Tajinder Pal Singh Bagga in a case registered against him for his alleged criminal intimidating statement against the Chief Minister of Delhi, Arvind Kejriwal.Noting that the offences listed in the FIR are all punishable with imprisonment of less than seven years, the Bench of Justice Harinder Singh...
Employee Appointed On Contractual Basis Without Public Advertisement Does Not Have "Right To Regularization": Punjab & Haryana High Court
The Punjab and Haryana High Court has held that employees appointed on contractual basis without any advertisement and contrary to the provisions of Articles 14 and 16 of the Constitution of India, do not have right to regularization.The bench comprising Justice Anupinder Singh Grewal thus dismissed a petition filed by the petitioner, appointed by the Respondent as a driver for three...
"Child's Father Entitled To Visitation Rights": Allahabad HC Disposes Habeas Plea Allowing Man To Meet His Child Living With Mother
Allowing a Habeas Corpus plea filed by a father seeking visitation rights to meet his son presently living with his mother, the Allahabad High Court has observed the father is ENTITLED to visitation rights to meet his child.Essentially, the child is presently living with his mother pursuant to a mutual agreement made between the husband and wife in a divorce suit decided on the basis of...
Motor Accident Claims: Bombay High Court Reiterates Heads Under Which Compensation Can Be Awarded In "Personal Injury" Cases
The Bombay High court in a recent judgment considered the fairness of the quantum of compensation granted to a motor accident victim. The victim had suffered severe bodily injuries and multiple fractures at the age of 24 and had to undergo various treatments regularly. Single Bench of Justice Bharati Dangre accessed the various heads under which compensation can be granted. It referred...
Petitions Filed Directly In HC For Registration Of FIR Without Availing Remedy U/S 156(3) CrPC In Conflict With SC Directions: Gujarat High Court
The Gujarat High Court recently refused to exercise its writ jurisdiction under Article 226 of the Constitution and issue directions for registration of FIR on a complaint lodged by the Petitioner, observing that if such petitions are entertained then the High Courts will be flooded and will not be able to do any other work.Justice AS Supehia refused to quash the closure report by the...
Order Refusing To Appoint Local Commissioner Does Not Adjudicate Rights Of Parties, No Revision Lies Against It: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of the parties for the purpose of the suit and hence would not be a revisable order.The bench comprising Justice Alka Sarin thus dismissed the revision petition challenging an order passed by the Additional Civil Judge...
NCLT Delhi Admits Petition Under Section 7 Of IBC Against M/S Anand Divine Developers Pvt. Ltd. And Initiates CIRP
The Principal Bench of NCLT, Delhi, comprising of Shri Ramalingam Sudhakar (President) and Shri Avinash Kumar Srivastava (Technical Member), has admitted a petition under Section 7 of Insolvency and Bankruptcy Code, 2016 ("IBC") against M/s Anand Divine Developers Pvt. Ltd. and initiated the Corporate Insolvency Resolution Process ("CIRP") vide an order dated 25.03.2022. ATS...
K Rail | Centre Claims It Did Not Sanction Ongoing SIA Conducted By State, Kerala High Court Reserves Judgment
The Kerala High Court on Friday reserved the judgment in the batch of petitions challenging the State authorities laying down survey stones on petitioners' property as part of the ongoing survey in furtherance of the K-Rail Silver Line project.Justice Devan Ramachandran heard all the parties concerned in full today but was incapacitated from delivering the judgment on account of the...
Local Police Competent To Investigate Cognizable Offenses Under PNDT Act: Punjab And Haryana High Court
Punjab and Haryana High Court on April 02, 2022, dismissed a petition wherein the petitioner approached the court for quashing of FIR under Sections 23, 3(1), 3A, 4, 5(2), 6(b) of the PreConception and Pre Natal-Diagnostic Techniques Act, Sections 120-B/34 of IPC and all subsequent proceedings. The bench comprising Justice Gurvinder Singh Gill dismissed the petition holding that the...
Court May Increase Quantum Of Compensation In Motor Accident Claim, Irrespective Of Who Files Appeal: Bombay High Court
The Bombay High court recently dealt with an appeal by an Insurance Company against the quantum of compensation awarded to an accident victim under the Motor Vehicles Act, 1988. The claimant, in the course of this appeal, raised the issue of insufficiency of the compensation awarded. Single Bench of Justice Bharati Dangre noted that though the claimant had not filed an appeal...