Delhi HC quashes FCRA proceedings against Former Punjab MLA- holds contribution made by NRIs through proper banking channels not ‘foreign contribution’ [Read Judgment]

The contribution made by a citizen of India living in another country (Non-resident Indian), from his personal savings, through the normal banking channels, is not treated as foreign contribution, the Court said quashing FCRA proceedings against the former MLA.The Delhi High Court has quashed FCRA proceedings against Former Punjab MLA, Arvind Khanna for receiving an amount of Rs.9,...

Refusal to join Anti-naxal operation sufficient reason to dismiss Policemen : Chattisgarh HC [Read Order]

They have, shown act of indiscipline and cowardice by refusing to join the anti-naxal operation from Madanwada Camp, the court said while dismissing a batch of petition challenging the dismissal.Chattisgarh High Court has held that policemen who refused to join anti naxal operation, have committed indiscipline and there is no illegality in the order sacking them. Dismissing a batch of...

SC issues notice on PIL by Kerala NGO seeking protection of children from stray dogs [Read Order]

The Supreme Court on Monday issued a notice on a PIL seeking direction to protect children from falling ‘prey’ to stray dogs.“Appreciating the submission that the children are fundamental embodiment of human race and they deserve protection from any kind of attack by the stray dogs, we are inclined to issue notice,” the order stated. The Bench, comprising Justice Dipak Misra and...

ITAT has no power to stay prosecution: Punjab and Haryana High Court [Read Judgment]

The pendency of appeals regarding quantum and penalty and an appeal challenging an order passed under Section 263 would not, in our considered opinion, confer power upon the Tribunal to stay consideration of a show cause notice calling upon the assessee to show cause why prosecution be not launched, the bench said quashing the orders of ITAT granting stay in prosecution.Punjab and Haryana...

Calcutta HC quashes WB Govt order scrapping Political Sufferers Scheme [Read Judgment]

Having sacrificed the best part of their lives for the sake of the country and its people, towards end of their lives they deserve to be looked after and nurtured by the State which takes pride in calling itself a welfare State, the court said quashing the WB Govt. order scrapping Political Sufferers Scheme.The Calcutta High Court has set aside the West Bengal Government order scrapping...

Include divorced daughter within definition of Family for Compassionate Appointments: Allahabad HC to Govt. [Read Judgment]

The Allahabad High Court has directed the Principal Secretary Law/Legal Remembrancer, U.P to take necessary steps with regard to the Uttar Pradesh Recruitment of Dependents of Government Servants (Dying-in-Harness) Rules, 1974 which do not include a divorced daughter within the definition of family, for the purpose of compassionate appointments in the event of death of a government employee...

High Courts Weekly Round-Up

Bombay High CourtThe Bombay High Court issued guidelines in the matter of granting bail to Human Trafficking crimes. A Division bench comprising of Justices RoshanDalvi and ShaliniPhansalkar Joshi said that, the Courts shall, as a general principle, refuse bail to an accused who is shown as a trafficker in human beings.Calcutta High CourtA Division Bench of Calcutta High Court comprising...

Marriage Certificate should not be insisted for sanctioning Family Pension if the widow proves herself to be heir: Madras HC [Read Judgment]

The Madras High Court Madurai bench while hearing a case relating to allowing family pension to the second wife held that officials should not insist on production of marriage certificate from Tahsildar or Registrar or District Court for sanctioning family pension when a widow produces 'heir' certificate.The Writ petition was filed by G. Pushpam, the widow of Late A. Ganesan and a Junior...

Delhi HC rules infringement by Cipla of Roche’s lung Cancer Drug Patent [Read Judgment]

The Delhi High Court today held that generic drug maker Cipla Ltd. was violating Swiss innovator firm Hoffman-La Roche’s patent in lung cancer drug erlotinib hydrochloride.However, keeping in view the fact that the life of the patent in favour of Roche in India would expire in March, 2016 and that no such order was passed by the single Judge, the Bench comprising Justice Pradeep Nandrajog...

New Trademark regime: Proposes to double the fees while zero measure to improve efficiency

The Department of Industrial Policy and Promotion (DIPP) released the  draft of the proposed new Trademark Rules without creating any new procedure or mechanisms to either tackle the immense backlog for present applications or the unpredictability in terms of processing time for the actual examination/opposition.  However, they do stipulate a hefty doubling of all fees.The new rules...

Degree without Plus-Two is valid if candidate passes entrance examination before being admitted to degree course: Madras HC [Read Judgment]

A Single Judge Bench of the Madras High Court recently held that degree awarded by a University without Plus-Two is valid if the concerned candidate passes entrance examination before being admitted to the degree course by the University.The Court relied on the judgment in the case of P.Raman v. the Government of Tamil Nadu, W.P.No.13054 of 2010, wherein Justice D. Hariparanthaman had reached...

Gujarat HC quashes 498A complaint against In Laws accused of hurling abuses [Read Judgment]

They may be morally guilty of not treating the daughter-in-law with respect in an Indian society, but such moral acts fall short of an offence under Section 498A of the IPC.Gujarat High Court has held that ‘hurling abuses’does not constitute cruelty to attract offence under Section 498A of Indian Penal Code. Justice J. B. Pardiwala quashing the complaint against in Laws, said that...