'Influential Person Gets Immediate Listing?' : Bombay High Court Refuses Urgent Hearing To Sameer Wankhede's Petition In Bar Licence Matter

The Bombay High Court took strong exception to Sameer Wankhede's writ petition against cancellation of his liquor licence being listed on board out of turn and refused urgent hearing. A bench of Justices Gautam Patel and Madhav Jamdar observed that the matter was not mentioned by Wankhede's advocates, neither was it granted circulation. "So if a poor litigant is there he has to...

Calcutta High Court Directs State To Install CCTV Cameras At Main Entrance Of BJP MLA Suvendu Adhikari's Residence

The Calcutta High Court on Monday directed the State government to install two CCTV cameras at the main gate of the residence of BJP MLA and Leader of the Opposition Suvendu Adhikari. The Court issued the direction while addressing a plea moved by Adhikari alleging that the State government has failed to provide him with adequate security measures and that taking advantage of the loopholes in...

"Politically Motivated": Bombay High Court Dismisses BJP & MNS Members' PIL Against Draft Notification By Municipal Commissioner To Increase Civic Wards

Observing that a PIL filed by rival political party members (BJP and MNS) against the ruling Maha Vikas Aghadi coalition in Maharashtra was "politically motivated" and without "necessary disclosures" the Bombay High Court dismissed the plea and imposed costs of Rs 50,000 on the petitioners. A bench of Justices AA Sayed and Abhay Ahuja refused relief in a plea filed by Nitesh Singh of...

'Reduced Investigation To A Mockery': Calcutta HC Orders CBI Probe Into Haldia Dock Extortion Case, Rejects State's Plea For SIT Probe

The Calcutta High Court on Monday ordered the Central Bureau of Investigation (CBI) to probe into alleged extortion of truckers at Haldia Port and observed that "syndicates" have a stranglehold on most businesses and commerce in the state.The Court thus stayed the ongoing investigation by the State police and furthermore rejected the State's plea to allow a Special Investigation Team (SIT) to...

Give States Say In Appointment & Recall Of Governors : Kerala Tells Centre

The Kerala Government has placed before the Central Government several recommendations to amend the Constitution to give power to the State Governments in the appointment and recall of Governors.Kerala's remarks are made in response to the recommendations made by Justice (retired) Madan Mohan Punchhi Commission constituted by the Government of India in 2007 to suggest reforms in...

Compensation For Motor Accident Death Should Include Compensation Under Conventional Heads Including Loss Of Consortium: Telangana High Court

Relying on the Apex Court decision in National Insurance Company Limited v. Pranay Sethi & Ors., the Telangana High Court recently ruled that the compensation in motor vehicle accident death claims should include amount under conventional heads viz. loss of estate, loss of consortium, and funeral expenses. Brief facts of the case The claimants who are the husband and children...

Jurisdiction Under Art. 227 To Be Exercised Sparingly When Challenge Is To Orders Of Rent Controller & Tribunal: Delhi High Court

The Delhi High Court has observed that the jurisdiction under Article 227 of the Constitution of India has to be sparingly exercised by the High Court when the challenge is to the orders of the Rent Controller and the Rent Control Tribunal. Justice Prateek Jalan added that where orders have been passed on consideration of the materials placed before the Rent Controller and the Tribunal, the...

Rashness & Negligence In Driving Is A Subjective Determination Depending on Different Factors: Jharkhand High Court

The Jharkhand High Court has held that rashness and negligence in driving is a subjective determination depending on different factors like road condition, the volume of traffic, habitation in the area, and weather conditions. Noting that the accident took place on a single road on a foggy morning, Justice Gautam Kumar Choudhary held that the accident was not a case of composite negligence...

Delhi High Court Reiterates Factors To Be Considered Before Making A Person Vicariously Liable For Offences By Company Under S.138 NI Act

The Delhi High Court has reiterated the various necessary factors to be kept in mind before making a person vicariously liable for offences committed by a company under sec. 138 of the Negotiable Instruments Act, 1881. Justice Subramonium Prasad listed out the following factors as laid down by the Supreme Court in various judgments:- The primary responsibility is on the complainant to...

With The Object of Awarding Just & Fair Compensation, Appellate Court Can Enhance Compensation In The Absence Of An Appeal: Jharkhand High Court

The Jharkhand High Court reiterated the settled legal position that with the object of awarding just and fair compensation, the appellate Court could enhance the compensation even if an appeal or objection has not been filed. Justice Gautam Kumar Choudhary referred to the decision in Reddy v. Duggireddy Venkatanarayana, where it was held that,"It is evidently clear that there is no complete...

S.406 CrPC| Appeal In Case Transferred To Sessions Court In Another State Lies Before HC Of Transferee State & Not Transferor State: Allahabad HC

The Allahabad High Court has held that once in exercise of its powers under Section 406 CrPC the Supreme Court transfers a case from the subordinate criminal court in one state to a subordinate criminal court in another state, any appeal against an order in the said case shall lie before the High Court in the transferee High Court. The bench of Justice Suneet Kumar and Justice Om Prakash...

Gujarat High Court Directs Refund Of IGST In Electronic Credit Ledger For SEZ Unit U/S 54 Of CGST Act, 2017

The Gujarat High Court has recently held that the Writ Applicant can be entitled to claim the refund of the IGST lying in the Electronic Credit Ledger as there was no specific supplier who could claim the refund under the provisions of the CGST Act and the CGST Rules as Input Tax Credit as distributed by the input service distributor. Further directing the Respondent-Authority to...