News Updates
[Sample Analysis] Unless Mandatory Time Limits Prescribed In Concerned Statutes Are Complied, Test Results Will Be Unreliable: Madras High Court
While quashing proceedings initiated against a man under Motor Spirit and High Speed Diesel (Regulation of Supply and Distribution and Prevention of Malpractices) Order, 2005 and Essential Commodities Act, 1955 the Madras High Court stressed that time limits prescribed under the Acts for sample analysis have to be adhered to. Justice RN Manjula noted that the purpose of prescribing...
NEET : Telangana High Court Refuses To Entertain Request To Postpone NEET-PG, NEET-MDS Exams; Allows Students To Give Representation
The Telangana High Court has refused to entertain a request to postpone the NEET PG and NEET MDS exams, which are scheduled in the first week of March, by 3 months. The Court noted that the dates for the exams were finalised six months ago and they are to be conducted on an all India basis. Hence, the Court opined that postponement of the exams may not be feasible. However, the Court...
High Court Seeks Response Of Centre, Delhi Govt On PIL Seeking Hygienic Conditions In Public Urinals
The Delhi High Court on Friday sought response of Union of India and Delhi Government on a public interest litigation to ensure availability of hygienic public urinals with clean water and electricity supply in the national capital.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed the authorities to file a status report within six weeks and listed...
[S.7 Armed Forces Special Powers Act] Sanction To Prosecute Required If Action, No Matter How Illegal, Is In Discharge Of Duty: JKL High Court
The Jammu and Kashmir and Ladakh High Court recently observed that to prosecute an Armed Forces personnel for an alleged illegal act committed in connected with the discharge of official duty, sanction to prosecute under Section 7 of the Armed Forces (Jammu and Kashmir) Special Powers Act is required, no matter how illegal the act may be.Justice Sanjay Dhar observed,"if an act is connected...
Delhi High Court Imposes One Rupee Cost On Litigant For Filing Frivolous Applications
The Delhi High Court has imposed a symbolic fine of One Rupee on an applicant for filing frivolous applications to seek action against a petitioner and his Special Power of Attorney-holder for alleged perjury.Justice Anup Jairam Bhambhani said the allegations contained in the applications are so completely bereft of a factual basis or merit, no further judicial time or ink need be wasted...
CJAR & LiveLaw Seminar On Judicial Appointments And Reforms- TOMORROW AT 10 AM
18th February 2023, 10a.m.-5p.m. India Society of International Law, New Delhi Organized by: Campaign for Judicial Accountability and Reforms Media Partner: Livelaw AGENDA 10-10:15a.m. - TEA 10:15-10:30a.m.- Introduction: Mr. Prashant Bhushan, Advocate & Convenor, Campaign for Judicial Accountability and Reform (CJAR) SESSION 1: EXECUTIVE INTERFERENCE...
Eligibility Of Researcher For Any Post Determined By Acceptance Of Research Paper For Publication Rather Than Actual Publication: Bombay High Court
The Bombay High Court recently held that only the acceptance of a research paper for publication in a journal is relevant rather than actual publication to determine the author’s eligibility for any post or qualification.The division bench of Justice Sunil B. Shukre and Justice Vrushali V. Joshi observed that the worthiness of the paper for publication determines eligibility.“In our view,...
No Jurisdictional Error By Arbitrator In Allowing Consolidated SoC Containing Specific Claims Under Different Contracts: Bombay High Court
The Bombay High Court has ruled that the arbitrator cannot be said to have committed a jurisdictional error by allowing a consolidated Statement of Claims (SoC), without the consent of the opposite party/ award debtor, in view of the fact that specific claims pertaining to each of the nine contracts were placed distinctly in the Statement of Claims and the award debtor also chose to file...
CESTAT Allows Cenvat Credit To Delhi Metro Rail Corporation On Consulting Engineer’s Services
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has granted Delhi Metro Rail Corporation a cenvat credit for consulting engineer services.The bench of Anil Choudhary (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that the input credit on a consulting engineer’s service was 100% allowable under Rule 6(5) read with Rule 2(l) of the...
[S.123 Railways Act] Death After Assault By Railway Police For Protesting Wife's Molestation In Train Is 'Untoward Incident': Jharkhand High Court
The Jharkhand High Court on Thursday ordered Rs. 4 lakh compensation under Railways Act in favour of a widow, who lost her husband in an assault by the Railway Police personnel during train journey after he protested her molestation by the said personnel.While setting aside the judgment of the Railway Claims Tribunal which dismissed the claim of the petitioner, the single judge bench of...
KIIFB Was Given No-Objection Letter Under FEMA To Issue Masala Bonds : RBI Informs Kerala High Court
The Reserve Bank of India has informed the Kerala High Court that it had issued "no objection" to the Kerala Infrastructure Investment Fund Board (KIIFB) under the Foreign Exchange Management Act (FEMA) for raising funds by issuing rupee-denominated bonds (masala bonds) abroad.The RBI stated this in an affidavit filed in response to a petition filed by KIIFB challenging the summonses issued...
S. 124 of Finance Act, 2019 Not Violative of Article 14: Punjab & Haryana High Court
The Punjab and Haryana High Court has upheld the constitutional validity of Sections 124(2) and 130(2) of the Finance Act, 2019, which deal with the ‘Vivad se Vishwas Scheme’ (VSV Scheme), dismissing the contention that the said provisions were violative of Article 14 of the Constitution of India since they deny refund to the assessee/ declarant even if the amount already deposited by...