'Last Opportunity': Calcutta HC Raps State Gov For Not Filing Response In Plea Alleging Non-Appointment Of Appellate Authority Under POSH Act

The Calcutta High Court on Tuesday came down on the State government for not filing its response in a Public Interest Litigation (PIL) petition alleging that the State government is yet to notify the appointment of an appellate authority as prescribed under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013 Act). Section 18 of...

Maharashtra Rent Control Act - Affidavit Mandatory For Application Seeking Leave To Defend Under Sec 43(4) : Bombay High Court

In a recent case, the Bombay High Court reiterated that in the absence of an affidavit, a simple application for leave to defend would not enable a petitioner to claim benefit of Section 4 of the Limitation Act. Section 4 of the Limitation Act provides that - Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal...

'We Personally Feel You Have Not Done Anything': Karnataka High Court On BBMP's Claim Of Filling Up All Bengaluru Potholes

The Karnataka High Court on Thursday took strong exception to the oral claim made by Bruhat Bengaluru Mahanagara Palike (BBMP) that it has filled up all the potholes across the city. A division bench of Chief Justice Ritu Raj Awasthi and Justice Suraj Govindaraj orally observed, "We personally feel that you have not done anything...Don't say anything which we ourselves feel...

Scrutiny By Income Tax Department Barred For The Period Covered By The Resolution Plan: Telangana High Court

The High Court of Telangana in a Bench consisting of Justice Ujjal Bhuyan and Justice Chillakur Sumalatha in Sirpur Paper Mills Limited & Another. V. Union of India & Two Others held that for the period covered by the Resolution Plan, Income Tax Department cannot carry out any scrutiny or assessment in respect of the Corporate Debtor regarding carry forward of losses and set...

CPC Order VIII Rule 1| Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court: Delhi High Court

The Delhi High Court recently reiterated that "provisions of Order VIII Rule 1(3) CPC make it clear that a document which ought to be produced in Court by the defendant under this rule, but, is not so produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit". The observation was made by Justice Suresh K Kait, while hearing...

Kerala High Court Grants State 3 More Weeks To Frame Comprehensive Policy On Illegal Flag Masts

The Kerala High Court on Thursday granted three more weeks time to the State government to draw up a comprehensive policy to deal with the menace of illegal flag masts in the State.Justice Devan Ramachandran granted the extension upon noting that it is a matter of policy and since the Additional Advocate General was not keeping well at present:"...this Court is aware of the stand of...

RERA ACT- Inconvenience In Making Pre-Deposits Not An Onerous Circumstance Warranting Relaxation Of A Statutory Mandate: Punjab And Haryana High Court

Mere hardship in making pre-deposits which include diverting funds is not an arduous circumstance in any manner and does not necessitate waiver of a statutory mandate, the Punjab and Haryana High Court has held. In a case about a batch of petitions filed by several real estate developers against orders passed by the Haryana Real Estate Regulatory Authority involving common questions of...

Rajasthan HC Issues Notice On Plea Challenging MCI Mandate On Foreign Medical Students To Undergo Minimum 54 Months Education

The Rajasthan High Court, Jaipur Bench, has issued notice on a plea challenging regulations of the Medical Council of India (MCI) for foreign medical students, requiring them to compulsorily undergo minimum 54 months medical education for grant of permanent registration in India. A division bench of Chief Justice Akil Kureshi and Justice Sameer Jain were hearing the plea filed by...

Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court

The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code (CrPC). Justice H P Sandesh thus dismissed the anticipatory bail petition filed by one Ramesh and granted him liberty to approach the Trial Court by filing the...

NDPS Act| Action Of Investigating Agency Mixing Contraband From Two Different Cartons Before Forensic Analysis Is Contrary To Law: Delhi Court

A Delhi Court recently reiterated that where the quantity of contraband recovered in a case is large and it is not practicable to send the entire quantity for forensic examination, then sufficient quantity by way of samples from each of the packets recovered should be drawn separately.It emphasized that the investigating agency cannot mix contents of different packets and then drawn...

Fake Motor Accident Claims Using Fabricated Medical Records: Madras High Court Orders Enquiry Into 84 Withdrawn Claims

Taking note of allegations about numerous fake motor accident claims, the Madras High Court has ordered a detailed probe into 84 cases claiming a total of Rs.11.70 Crores, that were withdrawn after the complaint. Justice N. Anand Venkatesh observed,"This is not merely coincidental and it is more a knee-jerk reaction after complaints were made to the effect that claims have been filed...

First Conviction Not Final, Presumption Of Innocence Continues Till Last Court Of Appeal: Arguments For Ansal Brothers In Delhi HC, Order Reserved

The Delhi High Court on Thursday reserved its judgment in the plea filed by real estate barons, Sushil Ansal and Gopal Ansal, seeking suspension of their seven-year jail term in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997. Justice Subramonium Prasad on Thursday heard Senior Advocates Dr. AM Singhvi and Arvind Nigam for the duo.At...