News Updates
S.409 IPC| Prosecution Must Prove Accused Committed Criminal Breach Of Trust Qua Property Entrusted In "Capacity Of Public Servant": Himachal Pradesh HC
"With a view to constitute an offence under S. 409 IPC, prosecution is required to prove that the accused was entrusted with property in the capacity of a public servant and he committed criminal breach of trust qua that property," the Himachal Pradesh High Court has held. The remarks were made by Justice Sandeep Sharma while adjudicating upon an appeal filed by one Shyam Lal, serving as...
Supreme Court Upholds Karnataka High Court's Order Of Allowing BMRCL To Cut 577 Trees
The Supreme Court on Wednesday upheld Karnataka High Court's order of Bengaluru Metro Rail Corporation Limited (BMRCL) to act on the expert committee report which had recommended retaining of . onsite 44 trees, translocating 212 trees and cutting 577 trees are to be cut for laying metro lines.The bench of Justice DY Chandrachud, Surya Kant and Vikram Nath was considering SLP preferred...
Excavation Of Ordinary Earth For Construction Of Building Purposes Would Not Attract Levy Of Royalty And Penalty Under The Provisions Of The MLR Code, 1966: Bombay High Court
The Bombay High Court, through a bench of Justices S. J. Kathawalla and Milind N. Jadhav, noted that the Supreme Court had enunciated in clear and unambiguous terms that excavation of ordinary earth for construction of building purposes / development would not attract levy of royalty and penalty under the provisions of Section 48(7) of the Maharashtra Land Revenue Code, 1966 ("MLR...
Daughter-In-Law Eligible For Allotment Of Fair Price Shop On Compassionate Grounds: Allahabad High Court
The Allahabad High Court has held that a daughter-in-law is very well entitled to allotment of a fair price shop on compassionate grounds. The Bench of Justice Manish Mathur relied upon an earlier judgment of the High Court wherein it was held that a widowed daughter-in-law is eligible for allotment of a fair price shop on compassionate grounds.Essentially, the Court was dealing with a writ...
Plea Based On Newspaper Reports, No Inquiry Into Facts Conducted: MP HC Dismisses PIL Against Govt Hospital For Medical Negligence With ₹10K Cost
The Madhya Pradesh High Court, Indore Bench recently dismissed two petitions in the nature of Public Interest Litigation, seeking action against a government hospital for its alleged negligence that led to disruption of oxygen supply, causing death of its 17 patients. The division bench of Justice Vivek Rusia and Justice Amar Nath (Kesharwani) was dealing with two writ petitions in...
Calcutta HC Stays Ex-Parte Injunction On Sale Of Books Of Veteran Cartoonist Narayan Debnath, Rs 7 Lakhs Deposit To Be Paid To Legal Heirs By Publisher
The Calcutta High Court on Tuesday imposed a stay on an ex-parte injunction issued by a trial Court in favour of the elder son of renowned illustrator Late Narayan Debnath against a publisher claiming infringement of copyright of several works of his deceased father. Narayan Debnath was a legendary illustrator, cartoonist and writer who was famous for creating several popular Bengali comic...
TN Local Body Polls: Returning Officer Admits To Tampering With Results Due To External 'Pressure', Madras HC Asks To File Affidavit
The returning officer of Ward No.10 of Kallupatti in Madurai District has submitted before the Madras High Court that he illegally modified the election results and declared a DMK candidate as the winner due to external pressure by a group of persons.The First Bench comprising of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy was hearing a case filed by an...
Unfortunate That In Maharashtra, Two Highest Constitutional Functionaries Don't Trust Each Other: Bombay High Court
The Bombay High Court on Monday expressed anguish that two highest constitutional functionaries in Maharashtra, the Chief Minister Uddhav Thackeray and Governor Bhagat Singh Koshyari "do not trust each other." "The unfortunate part in Maharashtra is this that two highest Constitutional functionaries do not trust each other. You both please sit together and sort this out...
Calcutta High Court Directs Visva Bharati University To Reopen Hostels In Presence Of Police, Student Representatives
The Calcutta High Court on Tuesday directed the Visva-Bharati University authorities to immediately open hostels for its students. The Court ordered that the police should break open the locks in hostel rooms in the presence of two student representatives and other university officials. The direction was issued amid the ongoing protests by more than 200 students inside the University...
Delhi Higher Judicial Services Exam 2022: Advocates Move High Court Challenging 'Maximum Age' Criteria, Hearing Tomorrow
Nine lawyers have moved the Delhi High Court challenging the maximum age criteria of 45 years (as on January 1, 2022) for applying and appearing in the Delhi Higher Judicial Services Examination 2022.The plea filed through Advocates Addtya Kapoor, Manika Goswamy, Medha Tandon, Kushal Kumar, Harsh Ahuja and Akash Dep Gupta is slated to be heard tomorrow. While the last date of filling of...
Income Tax Commissioner In Discretionary Power Of Revision Can't Act As Appellate Authority: Calcutta High Court
The Calcutta High Court has ruled that the power of an Appellate Authority is much wider than that of a Revisional Authority and the Commissioner, in the exercise of his discretionary power of revision under Section 264 of the Income Tax Act, cannot act as an Appellate Authority and go into the merits of the assessment by re-appreciating the facts and evidence. The single bench of...
