Tripura High Court Dismisses PIL Challenging Constitutionality Of Section 11 Of The Right To Information Act

The Tripura High Court last week dismissed a Public Interest Litigation (PIL) plea which challenged the constitutional validity of Section 11 of the Right to Information Act, 2005 on the ground that the same is ultra-vires of Article 14 and 21 of the Constitution of India.Essentially, the petitioner was concerned with the 'deplorable' condition of the native and smuggled wildlife species,...

Delhi High Court Weekly Roundup: March 14 To March 20, 2022

CITATIONS 2022 LiveLaw (Del) 202 TO 2022 LiveLaw (Del) 213NOMINAL INDEXJIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA 2022 LiveLaw (Del) 202Mrs. Jayanti Dalmia Versus DCIT 2022 LiveLaw (Del) 203SAVE NIMISHA PRIYA INTERNATIONAL ACTION COUNCIL THROUGH ITS CHAIRMAN v. UNION OF INDIA & ANR. 2022 LiveLaw (Del) 204STAR INDIA PVT. LTD. & ANR. v. LIVE.FLIXHUB.NET & ORS....

Tahsildar Under Section 140(2) Of Karnataka Land Revenue Act Has Power To Determine Boundary Of A Survey Number Or A Holding: Karnataka High Court

The Karnataka High Court has said that Tahsildar Under Section 140(2) of the Karnataka Land Revenue Act has power to determine the boundary of a survey number or a holding. The aforesaid power can be exercised in respect of a survey number or a holding irrespective of the fact whether the same is situated within the Municipal limits or outside the municipal limits. A division bench...

Penalty Clause In Policy For Private Colleges Issued By Commissioner, College Education Is Illegal & Beyond His Power, Rajasthan High Court

The Rajasthan High Court has observed that the penalty clause in the Private Colleges Policy issued by the Commissioner, College Education, for different years in question, is beyond his power and illegal. Essentially, the petitioners were granted temporary recognition after due inspection, verification and the same was continued. The affiliations were granted by the Universities and...

Court Cannot Act As Post Office To Collect And Exchange Information: Madras High Court

The madras high court bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy were hearing a petition for directing the Joint Secretary of Department of Personnel and Training and the Secretary of Department of Post to pass appropriate orders giving effect to the recommendations made by the Central Information Commission in 2013. One of the recommendations made...

Membership Fee Collected By Club Exigible To GST: AAR Maharashtra

The Maharashtra Bench of the Authority for Advance Ruling (AAR), consisting of members Rajiv Magoo and T.R. Ramnani, has ruled that the membership fee and annual subscription fee collected by a Club from its members is exigible to GST under the Central Goods and Service Tax (CGST) Act and the State Goods and Service Tax (SGST) Act. The Applicant Poona Club Ltd had filed...

Court Can't Direct Complainant/ Victim To Give Specimen Signatures U/S 311A CrPC: Punjab And Haryana High Court

The Punjab and Haryana High Court has recently clarified that Section 311A CrPC doesn't allow the Court to make an order directing a complainant or a victim to give specimen signatures or handwriting for the purposes of any investigation or proceedings under the Code.It may be noted that this provision empowers a Judicial Magistrate, for the purposes of any investigation or proceeding under...

Bombay High Court Rejects Plea To Stay OTT Release of Movie 83 On Hotstar &Netflix

Observing that prima facie - Netflix Global LLC and Star India have antecedent (prior) rights to exploit the film '83' on satellite and digital media for 10 years, the Bombay High Court refused ad-interim relief to Mad Man Film Ventures Pvt Ltd to stall the film's OTT release. "Defendant No. 4 (Star India) and Defendant No. 5 (Netflix) have antecedent rights of exploitation of the subject...

Senior Advocate Anmol Rattan Sidhu Appointed As The New Advocate General For Punjab

Senior Advocate Anmol Ratan Singh Sidhu has been appointed as Punjab's new Advocate General by State's Governor today. A notification in this regard was issued today and which reads thus:"The Governor of Punjab in the exercise of the powers conferred under Article 165 of the Constitution of India, is pleased to appoint Dr Anmol Rattan Sidhu, Senior Advocate, Punjab and Haryana High...

Centre Constitutes Advisory Board Of Three Delhi High Court Judges To Review Cases Registered Under National Security Act

The Central Government has constituted an Advisory Board consisting of three judges of the Delhi High Court to review cases registered under the National Security Act, 1980. In the gazette notification issued by the Ministry of Home Affairs dated 15th March, 2022, it has been stated that the Advisory Board shall comprise of Justice Yogesh Khanna as the Chairperson whereas the other two...

S.227 CrPC | Accused Must Be Discharged In Absence Of 'Grave Suspicion': Orissa High Court

The Orissa High Court has recently held that there must be 'grave suspicion' and not mere 'suspicion' against the accused before the Court can frame charge against the accused. Otherwise, there will be 'sufficient ground' under Section 227 of CrPC to discharge the accused. While allowing the revision against a lower Court's order, a Single Judge Bench of Justice Sashikanta...

Extended Limitation Cannot Claimed by Department, In Absence Of Fraud, Mis-Statement, Contumacious Conduct Of Taxpayer: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) has held that the extended period of limitation cannot be invoked by the excise department as there was no element of fraud, mis-statement or contumacious conduct on the part of the assessee The appellant/assessee is in the business of manufacturing...