Chhattisgarh High Court Seeks State's Response On PIL Alleging Unlawful Conversion Of Forest Land For Construction Of Cattle Shelters

The Chhattisgarh High Court has asked the state government to file a reply to the PIL against alleged large-scale unlawful conversion of forest land for non-forest purposes. The bench of Acting CJ Goutam Bhaduri and Justice N.K. Chandravanshi said, “Considering the issue involved, reply of State would be necessary.” Lawyer D.K. Soni has filed the PIL against the...

Executive Magistrate Not Empowered To Record Confession For Offences Under Essential Commodities Act: Orissa High Court

The Orissa High Court has held that an Executive Magistrate is not empowered to record confession for offences committed under the Essential Commodities Act, 1955. It also held that in absence of any specific procedure governing recording of confession and trial under the Act, the Code of Criminal Procedure shall apply. While clarifying the position of law, the Single Judge Bench...

Kerala High Court Set To Inaugurate Various IT Initiatives On Monday

Kerala High Court will inaugurate various IT initiatives including the Vigilance Court Case Management System (VCMS) and the Family Court Case Management Module on April 10 at the High Court Auditorium. The court is also set to launch an Online RTI Portal.While Chief Minister Pinarayi Vijayan will inaugurate the Vigilance Court Case Management System, the Family Court Case Management Module...

Gujarat High Court Transfers Trial In Criminal Intimidation Case To Morbi After Lawyers In Bhuj Refuse To Defend Accused

The Gujarat High Court recently allowed a petition filed by an accused for transfer of his case from Kachchh district to Morbi on the ground that no advocate from the District Bar Association, Bhuj was willing to defend the accused as the lawyers' body had passed a resolution not to defend him.The single judge bench of Justice Ilesh J. Vora observed:“In the facts of the present case,...

NGT Forms High Powered Committee To Revisit Environmental Clearance Granted To Great Nicobar Island Project

The Eastern Zone bench of the National Green Tribunal (NGT) has constituted a High-Powered Committee to revisit the Environmental Clearance granted by the Ministry of Environment, Forest, and Climate Change (MoEF&CC) for the project by the Andaman and Nicobar Islands Integrated Development Corporation (the project) in Great Nicobar Islands.It is a mega project to be implemented at...

NGT Dismisses Film Studio's Appeal Against MCZMA Order Declining Extension Of Temporary Sets For Shooting

The Western Zone bench of the National Green Tribunal (NGT) has rejected the plea made by Balaji Tirupati Cinemas and Expression Studio against the Maharashtra Coastal Zone Management Authority's (MCZMA) order of 12.09.2022. The order denied permission for the temporary tents used for shooting to be extended for another six months.The Appellant Film Studios alleged that the order was passed...

In Absence Of Proper Show Cause Notice To The Assessee, There Is No Merit In Levy Of Penalty: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal has held that where the initiation of penalty is one limb and the levy of penalty is another limb, then in the absence of proper show cause notice to the assessee, there is no merit in the levy of penalty.The bench of Anil Chaturvedi (Accountant Member) and Yogesh Kumar Us (Judicial Member) has relied on the decision of the Bombay High Court...

Cenvat Credit Available On Books Of Account Cannot Be Rejected Without Following Due Procedure: CESTAT

The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that unless CENVAT Credit availed by the appellant has not been recovered by way of the issue of a show cause notice invoking Rule 14 of the CENVAT Credit Rules, 2004, CENVAT Credit available on the books of account cannot be rejected when it is accumulated on account of export of service.The...

Purposeful Attempts By Jail Authorities To Create Impression That Convict Is Not Well-Behaved And Deny Leave/Parole Is Illegal: Kerala High Court

The Kerala High Court on Tuesday held that any purposeful attempt made to create an impression that a convict is not a well-behaved person in turn to deny leave to him is illegal. Justice Bechu Kurian Thomas, while allowing a petition seeking ordinary leave for a convict, observed that “There has been an attempt to purposely deny leave to the petitioner by resorting to...

Punjab And Haryana High Court Directs To Refund Tax Collected Illegally With 6% Interest

The Punjab and Haryana High Court has held that if the tax is collected without any authority of law, the same would amount to depriving a person of his property without any authority of law and would infringe on his right under Article 300 A of the Constitution of India.The bench of Justice Ritu Bahri and Justice Manisha Batra has observed that no receipt was given by the proper officer...

Bengaluru Court Restrains Media From Publishing BJP MLA Sanjeeva Matandoor's "Morphed" Pictures

A City Civil Court in Bengaluru has passed an ex-parte interim injunction order, restraining the media from publishing allegedly 'morphed' pictures of BJP leader Sanjeeva Matandoor, ahead of Assembly polls in the state.The Legislator filed a suit stating that election is nearing and his party is supposed to announce his candidature to Puttur MLA constituency. However, some miscreants with...

Jammu & Kashmir High Court Adopts Fresh Measures To Reduce Long Pending Cases

The Jammu and Kashmir and Ladakh High on Friday issued an Office Order with measures to reduce the arrears of pending cases in the High Court.Passing instructions on the subject, a notification to this effect issued by the Chief Justice N. Kotiswar Singh reads that all final hearing matters above 10 years shall be listed on Tuesday and Thursday, and these days shall be kept exclusive as...