News Updates
Granted Bail For Heinous Offence Before Investigation Concluded: Karnataka HC Directs Addl Session Judge To Undergo Training, Learn Judicial Discretion
The Karnataka High Court has directed its Registry to post an Additional Session Judge, Mysuru, for training in the Judicial Academy in order to make him learn "judicial discretion", in the interest of the institution and to protect the interest of seekers of justice. A single judge bench of Justice H.P. Sandesh said, "The Registry is directed to seek appropriate orders from the...
[SSB Exam] Candidates Declared Medically Unfit For Having Religious Tattoo On Right Forearm: Allahabad HC Seeks Centre's Reply
The Allahabad High Court last week sought the reply of the Central Government and High Officials of Sashastra Seema Bal (SSB) on a plea filed by 3 candidates who were denied employment on account of certain tattoos on a certain part of their hands (forearm). The Bench of Justice Siddhartha Varma directed the Centre's and SSB's counsel to seek instructions in this regard and the matter...
'Clear Case Of Misconduct': Rajasthan High Court Denies Relief To CRPF Constable Removed From Service For Unauthorized Absence
The Rajasthan High Court, Jaipur Bench has refused to interfere in the disciplinary authority's decision, which dismissed CRPF Constable-petitioner from service as he did not report for duty on completion of leave period. A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed, "In our view the petitioner has not made out any case for interference. We...
When Can A Co-Owner Maintain An Injunction Suit To Protect His Co-Ownership Right Over Property? Kerala High Court Enumerates
The Kerala High Court has recently laid down the instances when a co-owner can maintain a suit for injunction to protect his co-ownership right over a property. Justice A. Badharudeen was adjudicating upon a matter where one co-owner was attempting to construct a building in the co-ownership property during the pendency of the final decree proceedings before a trial court. The plaintiff in...
Electronic Credit Ledger Can Be Blocked Under GST Rules 2017 Only If Credit Balance Is Available: Gujarat HC Orders Authorities To Refund ₹20L
The Gujarat High Court has recently held that the power prescribed under Rule 86A of the GST Rules 2017 to block an electronic credit ledger can be exercised only when there is availability of credit in such ledger, alleged to be ineligible."Condition precedent for exercise of power under Rule 86A of the GST Rules is the availability of credit in the electronic credit ledger which is...
Post-Mortem Report Can't Be Sole Basis For Conviction In Absence of Incriminating Legal Proof: High Court of Jammu & Kashmir & Ladakh
The Jammu and Kashmir High Court recently dismissed a criminal acquittal appeal, noting that the evidence of post-mortem report by no stretch of imagination can be made the sole basis for the conviction of the accused in the absence of legal proof against them. A Division Bench of Justices Mohan Lal and Sanjeev Kumar held,"In a criminal trial, it is the duty of the Court to ensure that...
Rajasthan VAT Act Enacted To Provide Remedy For Loss Of Revenue & Not To Punish Offender For Committing Economic Offence: High Court
The Rajasthan High Court, Jaipur has observed that provisions of Rajasthan Value Added Tax Act, 2003 have been enacted to provide remedy for loss of revenue and not to punish the offender for committing economic offence and, therefore, mens rea is not an essential ingredient for contravention of such provision. The court added that breach would attract levy of penalty whenever the...
'Duty To Produce Basic Proof Of Allegations Not Absolved In PIL': Rajasthan HC Dismisses Plea Alleging Govt Officials Of Embezzling Public Funds
The Rajasthan High Court, Jaipur has observed that in a public interest litigation, the petitioner is not absolved of producing at least a basic proof of the allegations levelled by him. A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed, "Even otherwise we find the petition with long pleadings are long in averments but short in contents. The...
Antilia Bomb Scare: Special NIA Court Refuses Bail To Former Encounter Specialist Pradeep Sharma
A special NIA court has rejected the bail application filed by former Mumbai policeman and encounter specialist Pradeep Sharma in the Antilia bomb scare and Thane businessman Mansukh Hiran's murder case. He has been in custody since his arrest by the National Investigation Agency in June last year.Special Judge AT Wankhede rejected the application on Wednesday, a detailed order of which is yet...


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