"No Link Between BMC's Alleged Malpractices And Uddhav Thackeray": Bombay High Court Dismisses PIL Seeking ED Probe With Cost

The Bombay High Court on Tuesday dismissed a PIL seeking CBI and ED investigation into the alleged "disproportionate" wealth of Maharashtra's ex-CM Uddhav Thackeray, his wife and two sons."We hold this petition is an abuse of the process of the law," a division bench of Justices Dhiraj Thakur and Valmiki Menezes said imposing Rs. 25,000 cost on Dadar residents Gouri Bhide (38) and Abhay...

NCDRC: Postal Department Is Exempted From Any Liability For Delay In Delivery Unless The Central Govt. Undertakes It In Expressed Terms

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Justice R.K. Agrawal and presiding member, Dr. S.M. Kantikar reversed the District Forum’s decision, wherein compensation was ordered to be grated to a petitioner whose article suffered a delayed delivery after it was handed over to the Postal Department. The bench upheld the State Commission’s reasoning that...

Take Decision Within 6 Months On Complaint Accusing West Bengal Police Of Committing Excesses In Nabanna Chalo Rally: Delhi High Court Directs NHRC

The Delhi High Court has directed the National Human Rights Commission (NHRC) to decide within six months a complaint filed over alleged police atrocities by the West Bengal police during Nabanna Chalo rally organised by Bharatiya Janata Yuva Morcha in October 2020.Justice Prathiba M Singh disposed of a petition moved by one Rohit Verma, a BJP volunteer, aggrieved by the Commission's inaction...

'SC/ST Lower Castes' Tweet: UP Court's Order Refusing To Direct Registration Of FIR Against Journalist Rajat Sharma Challenged In HC

An appeal has been moved before the Allahabad High Court challenging Agra Court's order rejecting an application moved before it under section 156 (3) CrPC seeking registration of an FIR against Rajat Sharma, the chairman and Editor-in-chief of India TV, for allegedly calling Scheduled Caste and Scheduled Tribe as 'lower/small' castes.The Appeal has been preferred by Mukesh Kumar Chaudhary,...

Printed Proforma Not Acceptable: Allahabad High Court Quashes Cognizance Order By Magistrate

Justice Shamim Ahmed of Allahabad High Court has quashed the cognizance/summon order passed by a Civil Judge finding the order was passed on a printed proforma by filling up the blanks, without application of judicial mind.The application was filed under section 482 of CrPC for quashing of summons order and the entire proceeding of criminal case filed under Sections 376, 313 of IPC.The...

'Woman's Consent To Stay In A Man's Company No Basis To Infer She Also Consented To Sexual Liaison': Delhi High Court

The Delhi High Court has said that merely because a woman consents to be in the company of a man, “regardless of for how long”, can never be the basis to infer that she had also consented to “sexual liaison” with him.Observing that a distinction needs to be articulated between a prosecutrix “consenting to a situation” vs. “consenting to sexual liaison,” Justice Anup...

No Disallowance Shall Be Made With Respect To Chargeable Sum Paid To A Foreign Company Without Deduction Of Tax: ITAT.

The Delhi Bench of Income Tax Appellate Tribunal has held that no disallowance shall be made to the assessee in regards to the chargeable sum paid by the assessee to a foreign company without deduction of tax. The division bench of N.K. Billaiya (Accountant Member) and Yogesh Kumar (Judicial Member) held that the second proviso to clause (i) of S. 40 of the Income Tax Act (IT)...

NRHM Accused Doctor’s Death: Allahabad HC Accepts CBI's Closure Report, Sets Aside Magistrate's Order Summoning 7 Accused To Face Murder Trial

The Bench of Allahabad High Court recently upheld the CBI inquiry report which found that the death of Dy CMO Dr. Y.S Sachin inside the Lucknow jail in June 2011 was suicidal and not homicidal.With this, the bench of Justice Dinesh Kumar Singh also quashed the summoning order of the magistrate against 7 retired/serving government officers to face the trial in connection with the murder of...

S.7 Migrant Immovable Property Act Requiring Surrender Of Property To Prefer Appeal Against Eviction In Tune With Peculiar Conditions Of J&K: High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that the condition to surrender the property for preferring an appeal under Section 7 of the Migrant Immovable Property Act 1997 against eviction order, was necessitated by the peculiar situation prevailing in the Union Territory of Jammu and Kashmir.The bench comprising Justices Rajnesh Oswal & Mohan Lal observed, "This...

Conversion Of Public Places Of Worship Into Residences By Caretakers Is Contrary To Law: Delhi High Court Orders Waqf Board To Secure Mosque Property

The Delhi High Court has ruled that conversion of public places of worship into residences and their occupation by persons, who take care of the places, is contrary to law.The Court was dealing with a writ petition filed by the one Zahir Ahmed, who came into occupation of a property located next to the Masjid Zabta Ganj in Delhi, due to his father’s position as an Imam of the mosque....

Arbitrator Can Declare Terms Of Contract Null, Even If No Declaration Is Sought By The Party In Its Pleadings: Delhi High Court

The Delhi High Court, while dealing with a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), has rejected the contentions raised by the petitioner that the Award of the Majority Tribunal declaring the Clause providing for compound interest as null, was perverse since there were no pleadings made by the opposite party in its Statement of...

No Pre-Planning, First Time Offenders: Calcutta High Court Commutes Death Penalty In Triple Murder Case

The Calcutta High Court at Jalpaiguri recently commuted the death sentence awarded by the trial court to the convicts in a triple-murder case, to life imprisonment without remission for a period of 30 years,.A division bench of Justice Joymalya Bagchi and Justice Subhendu Samanta observed:“Presence of mitigating factors like lack of criminal antecedents play an important role to opt for a...