Abducting In Order To Murder: Uttarakhand High Court Quashes FIR U/S 364 IPC On Mutual Settlement

The Uttarakhand High Court has quashed a First Information Report ("FIR") registered under Section 364, IPC which deals with "kidnapping or abducting in order to murder". While quashing the FIR, a Single Judge Bench of Justice Alok Kumar Verma observed, "Though, this Court would normally be hesitant to quash the First Information Report, lodged under Section 364 I.P.C., it is noticed...

S.45 UAPA | Can Order Of Central Govt Granting Sanction For Prosecution Be Assailed Per Se? Delhi High Court To Consider In Sachin Waze's Plea

The Delhi High Court is set to consider the question as to whether an order passed the Central Government under Section 45 of the Unlawful Activities Prevention Act (UAPA), granting sanction to prosecute, can be assailed per se.The question has arisen in the plea filed by dismissed Mumbai police officer Sachin Waze, seeking to quash the sanction granted to prosecute him in connection with...

Karnataka High Court Monthly Digest: February 2022 [Citations 34-52]

Nominal Index: Devendrappa H v. The State, 2022 Livelaw (Kar) 34 ANI Technologies Private Limited v. State Of Karnataka, 2022 LiveLaw (Kar) 35 Surrayya Parveen @ Annapoorna v. Labour Officer Cum Minimum Wages Enquiry Authority, 2022 LiveLaw (Kar) 36 Dr Vaibhav Khosla v. State of Karnataka, 2022 LiveLaw (Kar) 37 Jeetendra Kumar Rajan v. T. G. Shivashankare Gowda, 2022...

Embossing Customer Name On Goods Not Amount To 'Branding' If Goods Are Not Sold By Customers: CESTAT Deletes 1% Excise Duty

The Chennai Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) while deleting the 1% of Excise Duty, held that embossing customer name on goods does not amount to 'Branding' if goods are not sold by customers. The two member bench consisting Sulekha Beevi C.S. (Judicial Member) and P.Anjani Kumar (Technical Member) has noted that as long as the goods are not sold by...

CBIC Reduces Compliances For Import Of Goods At Concessional Rate Of Customs Duty

In a significant step towards Atmanirbhar Bharat, the Central Board of Indirect Taxes and Customs (CBIC) has notified the reduction in compliances and end-to-end automation of procedure relating to import of certain goods at concessional rate of Customs Duty. "The CBIC has reduced the compliances required under the Customs (Import of Goods at Concessional Rate of Duty-IGCR)...

Presumption U/S 29 POCSO Act Comes Into Play Even At Pre Trial Stage: Jammu & Kashmir & Ladakh High Court

The Jammu and Kashmir and Ladakh High Court has observed that presumption under Section 29 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) comes into play even at the pre-trial stage.The Bench of Justice Javed Iqbal Wani observed thus as it agreed with a Jugdment of the Coordinate Bench of the High Court [Badri Nath Vs. Union Territory of J&K reported in 2020 (6)...

Sharjeel Imam's Speech Clearly On Communal Lines, Incited People To Revolt Against Govt: Police To Delhi High Court In 2019 Jamia Rioting Case

Opposing the bail plea moved by Sharjeel Imam in the 2019 Jamia rioting case, the Delhi Police has told the Delhi High Court that Imam's speech was clearly on communal lines and that he had misled the students by mentioning about the fake detention camp. This is with reference to the speech delivered by Imam on December 13, 2019 at Jamia Milia Islamia University. The case alleges that...

Karnataka High Court Sets Aside Permission Granted By Magistrate To Proceed With Investigation Against Tejasvi Surya

The Karnataka High Court recently set aside the permission granted by a magistrate court to proceed with the investigation against Member of Parliament, L S Tejasvi Surya, under provisions of the Representation of People Act. A single judge bench of Justice Sunil Dutt Yadav, while relegating the matter back to the magistrate court for fresh consideration said, "In accordance with the...

Calcutta HC Seeks WB Speaker's Response In Suvendu Adhikari's Petition Challenging His Decision To Not Disqualify Mukul Roy

The Calcutta High Court on Thursday sought response from the West Bengal Legislative Assembly Speaker Biman Banerjee, TMC MLA Mukul Roy and the Secretary of Returning Officer, West Bengal Legislative Assembly in a writ petition filed by West Bengal Leader of Opposition Suvendu Adhikari challenging the West Bengal Speaker's decision to reject the petition seeking disqualification of Mukul Roy...

Specific Remedy Under CPC Often A Total Bar To Claim Remedy Under Article 227 Of Constitution: Kerala High Court

The Kerala High Court recently held that it cannot entertain a revision petition under Article 227 of the Constitution when a specific remedy of appeal is available under the Code of Civil Procedure (CPC).As such, Justice A. Badharudeen dismissed a petition and directed the petitioner to approach the appropriate appellate court as per law."...the availability of such a remedy under the Code...

Gujarat High Court Releases Confisticated Cash, Goods As GST Dept. Delayed Issuance Of SCN Beyond Statutory Time Period

The Gujarat High Court has released the confisticated ​​cash and goods as the Goods and Service Tax (GST) Department delayed issuance of Show Cause Notice (SCN) beyond statutory time period.The division bench of Justice Sonia Gokani and Justice Hemant M. Prachchhak has observed, "it is quite unfathomable as to why the time limit is not adhered to and issuance of the show cause notice...

Ease Of Doing Business: Govt. Enables New E-Bill System To Enable Paperless Submission, End To End Digital Processing Of Bills

The Finance Ministry has enabled the new e-Bill system to enable paperless submission, end to end digital processing of bills with the objective of ease of doing business. The Union Minister for Finance & Corporate Affairs, Nirmala Sitharaman launched the e-Bill system for Central Government Ministries on the 46th Civil Accounts Day. The objectives of the system are to...