Police Officer Is Gazetted Officer For Search Of A Person U/S 50 NDPS Act Unless He Is Part Of Investigating Team: Kerala High Court

The Kerala High Court recently held that any police officer being a gazetted officer would be competent to conduct a search under Section 50 (conditions under which search of persons shall be conducted) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The only exception to this would be a police officer part of the detecting or investigating team, as such an officer could not...

Delhi High Court Junks Supertech Homebuyers’ Pleas For Stopping Banks From Charging EMIs From Them, Says Avail Alternative Remedies

The Delhi High Court has dismissed Supertech Urban Home Buyers Association (SUHA) Foundation and other home buyer’s petitions seeking directions for financial institutions to not charge the pre-EMIs or full EMIs from them till delivery of possession of flats by the real estate developer Supertech Limited.Justice Purushaindra Kumar Kaurav said there are various agreements -...

'False FIRs Becoming A Trend': Punjab & Haryana High Court Imposes ₹1 Lakh Cost On Complainant

In a recent judgment, the Punjab and Haryana High Court noted how it has become a common practice to abuse the legal system by filing fictitious FIRs in order to please one's ego, which ultimately results in the wastage of the taxpayer funds because of the false FIR filed by the complainant. It ordered the complainant, who first slapped the petitioner in full public place, then just to...

State Govt Has No Power To Appoint Or Reappoint Vice-Chancellors Of State Universities: Calcutta High Court Quashes 29 Appointments

In a significant order, the Calcutta High Court has ruled that the State has no authority to appoint, re-appoint, or extend the tenures of Vice Chancellors of the universities in the state of West Bengal.It has further held that the appointment of Vice-Chancellors should be strictly in accordance with the provisions of law. The division bench comprising of Chief Justice Prakash Shrivastava...

[Twitter vs Centre] Failure To Give Notice To Account Holder Won't Vitiate Blocking Orders, Sovereignty At Stake: ASG Argues In Karnataka High Court

The Union of India on Thursday told the Karnataka High Court that Twitter is not entitled to any relief in the case filed by it challenging the account blocking orders passed by the Centre.Additional Solicitor General R Sankarnarayanan appearing for the government submitted, “They are not entitled to protection under Article 19, as it is a foreign body corporate and foreign entity....

Patna High Court Quashes Order Setting Aside PDS Shop Allotment, Rules In Favour Of Petitioner With Higher Qualification In Computer Knowledge

In a recent order passed by the Patna High Court, the Secretary's decision to set aside the allotment of a PDS shop to the Petitioner and award it to another candidate has been quashed and set aside. The Petitioner had challenged the placement of the other candidate in the provisional merit list and claimed that he was entitled to be placed at No. 1.The counsel for the Petitioner submitted...

Schools Not Required To Obtain From State “Formal Prior Recognition Letter” Every 5 Yrs To Continue Affiliation: CBSE To Kerala High Court

The Central Board of Secondary Education (CBSE) recently informed the Kerala High Court that the 'Formal Prior Recognition Letter' issued by the State Government to schools under the Right of Children to Free and Compulsory Education Rules ('RTE Rules'), Kerala, is not confined to any particular period, and that no further such recognition letter would be necessary for extending the...

Sexually Harassing In Open Spaces Like Mall & Office Highly Improbable: Karnataka High Court

The Karnataka High Court has quashed a sexual harassment complaint lodged by an employee against her manager three days before her work contract with the private company was to end.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Delivery Center Manager of M/s Mindtree Company Limited and quashed the prosecution against him initiated under section 354 (A) and...

Old Pension Scheme: Plea In Bombay High Court Seeks Withdrawal Of Maharashtra Govt Employees' Strike, Hearing On Friday

A lawyer has approached the Bombay High Court against the indefinite strike by State Government Employees - paramedics, sanitation workers and teachers - who are demanding implementation of the Old Pension Scheme (OPS). The matter was mentioned before the bench of Acting Chief Justice SV Gangapurwala and Sandeep Marne by Advocate Gunratan Sadavarte in a 2014 PIL. The bench has agreed...

Andhra Pradesh High Court Quashes Direction To Bank To Freeze Firm's Accounts Citing Non-Compliance With Procedure U/S 17(1A) PMLA

The single bench of Justice Ravi Nath Tilhari of Andhra Pradesh High Court has quashed the direction to freeze the bank account of a partnership firm accused under PMLA (The Prevention of Money-Laundering Act, 2002) on the ground that the order was not passed under Section 17 (1A) and consequently due compliance was not made.Section 17 provides that where an authorized officer has reason...

Revisional Court Cannot Set Aside Findings Of Facts Recorded By Lower Court And Substitute Its Own Findings: Telangana High Court

The Telangana High Court on Monday reiterated that the revisional Court has no jurisdiction to set aside the findings of facts recorded by a subordinate Court and substitute its own findings.A single bench of Justice Juvvadi Sridevi said revisional Court has to confine itself to the legality and propriety of the findings of the subordinate Court as to whether the subordinate Court acted...

2018 Contempt Case: Delhi High Court Directs Filmmaker Vivek Agnihotri To Remain Present In Court On April 10

The Delhi High Court on Thursday directed filmmaker Vivek Agnihotri to remain present before it on April 10 in the 2018 suo motu criminal contempt proceedings initiated against him and several others for remarks against Justice S. Muralidhar. In 2018, Agnihotri allegedly made allegations of bias in a tweet against Justice Muralidhar, former judge of the High Court and present Chief Justice...