Allotting 7.5% Medical Seats For Govt School Students Not Reservation But Institutional Preference : TN Govt Tells Madras High Court

In a plea challenging the constitutionality of the State Act providing horizontal reservation of 7.5 per cent seats in medical colleges for students passing out of government schools, the State Higher Education Department submitted that the impugned Act cannot be treated as 'communal reservation'.In the written submissions to the bench, Senior Counsel P. Wilson contended that the allocation...

"Public Organisations Must-Have Regard For Livelihood Of Persons In Armed Forces": Gujarat HC Imposes INR 50,000 Fine On ONGC For Exclusion Of Ex-serviceman From Job post

The Gujarat High Court has imposed a fine of INR 50,000 on Oil and Natural Gas Corporation Limited while holding as follows; "since it prima facie appears that the exclusion of the petitioner was not by an accident and further, in any case, the respondent organization, more particularly, being a Public Sector Undertaking under the Government of India was required to act fairly,...

Bar U/S 362 CrPC Is Not Absolute; Court Has Inherent Jurisdiction To Recall Order For Securing The Ends Of Justice: Orissa High Court

The Orissa High Court has recently held that bar under Section 362 is not absolute and the same cannot be strictly applied to 'recall of orders' which are obtained through playing fraud upon the Court. While recalling an order which was obtained through misrepresentation of dates, a Single Judge Bench of Justice Sashikanta Mishra held, "The position that emerges from a reference to...

'Police Totally Inactive, People At Mercy Of Goons': PIL Filed In Calcutta High Court For CBI/NIA Probe Into Rampurhat Violence

A Public Interest Litigation (PIL) petition has been filed in the Calcutta High Court on Tuesday seeking an investigation by either the Central Bureau of Investigation (CBI) or the National Investigation Agency (NIA) into the incident of Rampurhat violence that erupted in the State of West Bengal. Shortly after the alleged murder of a Trinamool Congress deputy panchayat chief at Bogtui village...

Delhi Court Summons Rajya Sabha MP Subramanian Swamy In Defamation Case By BJP Leader Tajinder Pal Singh Bagga

A Delhi Court on Tuesday summoned Rajya Sabha MP Subramanian Swamy in a defamation complaint filed by BJP leader Tajinder Pal Singh Bagga over a tweet, claiming it to be false and defamatory in nature. ACMM Dharmender Singh was of the view that there were sufficient grounds for proceedings against Swamy. Accordingly, the Court ordered thus:"In view of allegations made in complaint, testimonies...

Using Recycled Bottles Of Another Manufacturer Results In Infringement & Passing Off: Delhi High Court Rules In Favour Of 'BUDWEISER'

The Delhi High Court has restrained the owner of trademark 'BLACK FORT' and 'POWER COOL' from manufacturing or selling under the trademark 'BUDWEISER' in recycled bottles, or in any other manner, in respect of beer manufactured and sold by it. Ruling in favour of Anheuser-Busch LLC, owner of trademark 'BUDWEISER', Justice Pratibha M Singh was of the view that the use of recycled 'BUDWEISER'...

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction

A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for...

'Political Stunt': PIL Filed In Calcutta HC Against WB Govt's Decision To Introduce Uniform With 'Biswa Bangla' Logo In State-Run Schools

A Public Interest Litigation (PIL) has been filed before the Calcutta High Court against the decision of the West Bengal government to introduce blue-and-white coloured uniforms for students in all State-run schools which will also feature the 'Biswa Bangla' logo. According to a notification dated March 16 issued by the Paschim Banga Samagra Siksha Mission, students of all...

POCSO Act | Prosecution Can Cross Examine The Victim On Her Turning Hostile : Karnataka High Court

The Karnataka High Court has said that under the Protection of Children from Sexual Offences Act, 2012, the prosecution can cross examine the victim on her turning hostile. A single judge bench of Justice M. Nagaprasanna said,"In terms of sub-section (2) of Section 33 of the POCSO Act, the Special Public Prosecutor or as the case would be, the counsel appearing for the accused shall,...

Delhi Riots: High Court Issues Fresh Notices On Applications Seeking Impleadment Of Political Leaders For Alleged Hate Speech

The Delhi High Court on Tuesday issued fresh notices on the applications seeking impleadment of various political leaders to be added as party respondents in the pleas seeking registration of FIRs against politicians for alleged hate speeches during 2020 Delhi riots.A division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar issued fresh notice on the...

Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act

The Calcutta High Court has recently granted default bail after noting that no notice of the application seeking extension of time in filing of chargesheet under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) had been served upon the accused thereby violating principles of natural justice. A Bench comprising Justice Debangsu Basak and Justice Bibhas...

Non-Deduction of TDS At The Year End As The Amount Payable Was Not Identifiable: Penalty not justifiable- ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Kul Bharat (Judicial Member) and R.K. Panda (Accountant Member), upheld the CIT(A) order, holding that the mere fact that taxes were not deducted on the year end provision but were deducted and deposited upon crystallisation of liability to pay the expenses does not automatically justify the imposition of a...