SC Upholds Constitutional Validity Of Sec. 35F Of Central Excise Act

The Supreme Court has dismissed a special leave petition (SLP) filed in the matter of Satya Nand Jha vs Union of India challenging the constitutional validity of Section 35F of the Central Excise Act, 1944.A bench comprising Justice Madan B Lokur and Justice Adarsh Kumar Goel dismissed the SLP and upheld the constitutional validity of Section 35F as held by the Jharkhand High Court.In the...

Magistrate Has No Power To Direct SHO Of Police Station Outside His Jurisdiction For Probe: Delhi HC [Read Judgment]

The magisterial power cannot be stretched under Section 156(3) beyond directing the officer in charge of a police station to conduct the investigation, the court said.The Delhi High Court, in Ramesh Awasthi vs State, has held that a magistrate under Section 156 (3) CrPC cannot direct the Station House Officer of a police station beyond its territorial jurisdiction to investigate the...

MP HC Imposes Cost On Petitioner For Filing PIL Against Development Activities [Read Order]

The Madhya Pradesh High Court has imposed cost of Rs. 15,000 on a petitioner for abusing the process of law by filing a PIL that is “destructive to the development activities”.The court dismissed the PIL that opposed the railway’s move to have a new railway station at Newargaon in naxalite affected area of Balaghat district on Jabalpur – Balaghat rail route by closing the old...

50% Fine Deposit Mandatory For Appeal Against Conviction For Cheque Bounce: Proposed Amendment

According to an amendment proposed to be introduced in the Negotiable Instruments Act, 1881, a convicted defaulter would have to deposit half of the imposed fine or compensation as a pre-condition for admitting his appeal before an Appellate Court.The Appellate Court, however, has a discretionary power to waive the condition in appropriate cases, albeit after providing reasons for the...

TN Bar Council Won't Ask Lawyers To Boycott Courts

The Bar Council of Tamil Nadu and Puducherry on Thursday assured the Madras High Court that it would not ask lawyers to abstain from courts to protest against the Law Commission recommendations on the Advocates Act.A bench of Chief Justice Indira Banerjee and Justice M Sundar recorded the submission of the council and disposed of a PIL against it.The PIL was filed by Chennai-based lawyer...

Bombay HC Okays Prosecution Of Investors In Illegal Building Construction Firm [Read Order]

Dismissing anticipatory bail applications of investors in a construction firm that build illegal structures, the Bombay High Court has observed that they can be prosecuted.In the instant case, an FIR was lodged against the accused, following a high court order in a public interest litigation. The Vasai Virar Municipal Corporation (VVMC) had also initiated action against the illegal structures...

Advocate Raghvendra Singh Appointed As New UP Advocate General

New Uttar Pradesh Government headed by Yogi Aditya Nath  has appointed Advocate Raghvendra Singh as new UP Advocate General.He will replace Advocate Vijay Bahadur Singh, who was appointed by the previous Samajwadi Party...

NBW Issued Against Preacher Zakir Naik

A non-bailable warrant was issued against Zakir Naik on Thursday by a special court designated under Section 59(1) of the Prevention of Money Laundering Act 2002.The order, which was reserved on Wednesday after Enforcement Directorate’s counsel Hiten Venegavkar made his submissions, was pronounced a day later by Special Judge PR Bhavke.A reply was also filed on behalf of Naik by his...

State Can Exercise Rule-Making Power Under Criminal Law Amendment Act 1932, Says Bombay HC Full Bench [Read Judgment]

A full bench of the Bombay High Court has examined whether the state retains powers conferred by Section 10 of the Criminal Law Amendment Act of 1932 to make certain offences cognizable and non-bailable, even though the Criminal Procedure Code 1898 was repealed and replaced by Criminal Procedure Code 1973.Justices VM Kanade, SC Gupte and Revati Mohite Dere held that the state can, in...

Two Indian Lawyers Make It To Forbes 30 Under 30 Asia List

Two lawyers from India, Mr. Hrishikesh Datar and Mr. Rohit Pothukuchi have made it to the revered Forbes 30 under 30 Asia List.Mr. Hrishikesh DatarMr. Datar, an alumnus of the National Law School, Bangalore, founded vakilsearch.com following an interaction at IIM-Bangalore that addressed the need for a comprehensive portal to address legal needs. In developing the portal, he received...

Centre Issues Clarifications Regarding Maternity Benefit (Amendment) Act, 2017 [Read The Communication]

In view of the plethora of queries received following the enactment of the Maternity Benefit (Amendment) Act, 2017, the Ministry of Labour and Employment has released a set of clarifications addressing such concerns.The release clarifies that the Act is applicable to contractual or consultant women employees, as well as to the women who are already on maternity leave at the time of enforcement...

Delhi HC Says No To Tata Camelot Housing Project Near Sukhna Lake [Read Judgment]

The Delhi High Court has cancelled the permission granted to Tata Camelot Housing Project as the area over which the project is to be constructed forms part of the catchment area of Sukhna Lake.A bench headed by Chief Justice G Rohini held that the Survey of India map dated 21.09.2004, demarcating the boundaries of catchment area of Sukhna Lake, is binding on the state of Punjab and Tata...