Blacklisting Of An Entity By Govt In A Contractual Matter Is Subject To Doctrine Of 'Proportionality': Orissa High Court

The Orissa High Court has ruled that the decisions of government to blacklist entities in contractual matters are subject to the 'doctrine of proportionality'. While allowing the writ petition filed against a blacklisting order, a Division Bench of Justices Dr. B.R. Sarangi and S.K. Panigrahi held, "It is also well settled that the High Court, while exercising power of...

Delhi High Court Refuses To Quash FIR Alleging Sexual Harassment At Workplace, Status Report On Investigation Sought

Refusing to quash an FIR alleging sexual harassment of a female employee at workplace, the Delhi High Court has sought a detailed status report from the Police under the signatures of the DCP concerned.Justice Mukta Gupta sought a detailed status report in the matter after carrying out a proper investigation.The Court was dealing with a petition seeking quashing of FIR registered under...

Devotees Expected To Enter Temples In Proper Dress Code; Temples Having Dress Code May Fix Visible Sign Boards : Madras High Court

In a plea for a mandatory dress code to allow entry into temples, Madras High Court has observed that devotees are expected to enter the temple premises in proper dress code.However, the Court also held that it cannot issue a general direction to all temples to put up signboards prescribing the dress code as suggested by the petitioner.A division bench of Chief Justice Munishwar Nath Bhandari...

During Confiscation Proceedings Magistrate Has No Jurisdiction To Release Vehicle Seized U/S 72 UP Excise Act: Allahabad HC

The Allahabad High Court on Friday observed that during the confiscation proceedings initiated under the Uttar Pradesh Excise Act, 1910, the Magistrate has no power under sections 451 or 457 Cr.P.C. to release the vehicle in question.The Bench of Justice Syed Aftab Husain Rizvi has concluded thus in view of the law laid down by the Allahabad High Court in the case of Ved Prakash vs. State of...

Madhya Pradesh High Court Imposes ₹25K Cost On Police Officer For Furnishing Incorrect Information To Court

The Madhya Pradesh High Court recently imposed a cost of Rs. 25,000 on a Station House Officer for providing incorrect information to the Court regarding criminal antecedents of the bail Applicants in a case. Justice Vishal Mishra was essentially dealing with an application under Section 482 of CrPC, moved by the Applicants seeking a modification in their bail order passed by the...

'Violation Of Principles Of Natural Justice': Calcutta High Court Orders Restoration Of GST Registration Within 7 Days

The Calcutta High Court on Tuesday ordered for the restoration of the appellant's certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is in violation of principles of natural justice. A Bench comprising Justice T. S. Sivagnanam...

Madhya Pradesh High Court Orders Removal Of All Illegal Statues Erected At Public Places, Imposes ₹30K Cost On State

Deciding a Public Interest Litigation, the High Court of Madhya Pradesh recently directed the State Government to remove all statues erected at public places on or after 18.01.2013, throughout the State. It further imposed a cost of Rs. 30,000 on the State 'for wasting the precious time of Court in dealing with this avoidable piece of litigation.' The division bench of Justice Sheel...

[UP Excise Act] Civil Appeal Against DM's Confiscation Order Lies Before Concerned District Judge: Allahabad High Court

The Allahabad High Court has observed that as per provisions of Section 72(7) of Uttar Pradesh Excise Act, 1910, a Civil appeal against the order of confiscation passed by the District Magistrate would lie before the District Judge of the respective District.The Bench of Justice Sanjay Kumar Singh observed thus in light of the notification issued in the year 1978 by the UP Government, wherein...

Right Of Accused To Recall Witness U/S 311 CrPC Can't Always Be Denied In Lieu Of Prosecutrix's Right U/S 33(5) POCSO Act: Orissa High Court

The Orissa High Court has ruled that the right of an accused to recall witnesses under Section 311 CrPC cannot be denied only because there exists a right of prosecutrix under Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act"). The said provision requires the Special Court to ensure that the child (prosecutrix) is not called repeatedly to testify in...

Courts Need Not Hold Up Arbitration At Pre-Appointment Stage Over Insufficiency Of Stamp Duty: Bombay High Court

Bombay High court on Monday, through single judge A. K. Menon, considered whether the arbitration should be held up at the pre-appointment stage and pre-reference stage or whether party should be left to follow the procedures post reference and be left to agitate their respective challenges. Applicant, Vivek Mehta & Anr., had filed an application under Section 11 of the...

Army Pension Regulations | Can't Deny Condonation Of Short-Fall In Pensionable Service Of A Voluntarily Discharged Serviceman U/R 125(a): Orissa HC

The Orissa High Court has held that Regulation 125(a) of the Pension Regulations for the Army, 1961 cannot be employed to deny condonation of short-fall up to six months in pensionable period of service of a serviceman who was discharged on a voluntary basis. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice R.K. Pattanaik held, "...Regulation 125(a) of the...

Advocates Association Accuses Acting President Of Maharashtra Consumer Commission Of 'Judicial Misconduct' For Adjudicating A Case Against Himself, Demands Action

The Consumer Courts' Advocates Association Maharashtra and Goa has accused the acting president of the State Consumer Disputes Redressal Commission (Maharashtra) – Dr Santosh Kakade - of "judicial misconduct" for dismissing a medical negligence case against himself. He restored the case last month. The association has written to the National Consumer Disputes Redressal Commission...