Benefit Under SVLDRS Scheme Cant Be Denied Based On Dept. Decision To File Appeal: Jharkhand High Court

The Jharkhand High Court has held that the benefit under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS scheme), cannot be denied by the designated committee for the reason that the department has decided to file an appeal against the order.The division bench of Acting Chief Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the Designated...

Onus is On The Customs Department To Prove That The Goods are Smuggled: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the onus is on the Customs Department to lead evidence in support of an allegation as to the smuggled nature of goods.The bench of Anil Choudhary (a judicial member) has directed the department to release the goods within a period of 15 days. The appellant shall not be liable for payment of...

No Requirement Of Birth Certificate To Prove POCSO Victim’s Age, Any School Certificate Sufficient Evidence: Delhi High Court

The Delhi High Court has said that there is no requirement of a birth certificate to prove the age of the victim and that any school certificate is sufficient evidence to prove the victim’s age. Justice Jasmeet Singh made the observation while perusing section 94(2)(i) of the Juvenile Justice (Care and Protection of children) Act, 2015 which provides for presumption and determination of...

SC Collegium Recommends Names Of Five Advocates And Three Judicial Officers As Judges Of Madras High Court

The Supreme Court Collegium in its meeting held on 17th January 2023 has recommended the elevation of five advocates and three judicial officers as Judges in the Madras High Court. The advocates recommended by the Collegium are:1. Shri Venkatachari Lakshminarayanan2. Mrs. Lekshmana Chandra Victoria Gowri3. Shri Pillaipakkam Bahukutumbi Balaji4. Shri Ramaswamy Neelakandan, and 5. Shri...

Supreme Court Collegium Recommends Names Of 9 Advocates As Judges Of Allahabad High Court

The Supreme Court Collegium in its meeting held on 17th January 2023 has approved the proposal for the elevation of the nine Advocates as Judges in the Allahabad High Court.The names are as follows:1. Shri Prashant Kumar, 2. Shri Syed Qamar Hasan Rizvi, 3. Shri Manish Kumar Nigam, 4. Shri Manjive Shukla, 5. Shri Anish Kumar Gupta, 6. Ms. Nand Prabha Shukla, 7. Shri Arun Kumar...

COVID First Line Treatment Centre Can Be Termed As Hospital For The Purpose Of Claiming Insurance: Kerala High Court

The Kerala High Court recently observed that COVID First Line Treatment Centre can be termed as a Hospital for the purpose of insurance claims.Justice V G Arun said that as per the COVID-19 advisory for patient admission to CFLTCs issued by the Government, the Centre identified as COVID Health Care Centre should treat all mild and moderate symptomatic persons under surveillance and should...

Can Sessions Court Sit Anywhere Else Than Its Court Premises To Conduct Trial? Himachal Pradesh High Court Explains

While answering a reference made by an Additional District & Sessions Judge, the Himachal Pradesh High Court has clarified that a Sessions Judge can sit at any place other than his Court premises, within his Sessions division, to record evidence and conduct a trial. Referring to Section 9(6) of the Code of Criminal Procedure, the Single Judge Bench of Justice Satyen...

Food Poisoning Incidents In Kerala: High Court Directs State Health Secretary To File Action Taken Report

The Kerala High Court on Wednesday directed the Secretary, Health and Family Welfare Department, to file a detailed report regarding numerous food poisoning incidents that occurred in the State recently and the steps taken against perpetrators. At least 68 people were admitted to various hospitals on Tuesday after having food from an eatery in North Paravur at Ernakulam, mainstream...

Failure Of Taxpayer To Disclose Fully: Gujarat High Court Refuses To Quash Reassessment

The Gujarat High Court has refused to quash the reassessment because the taxpayer has not truly and fully disclosed the material.The division bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri observed that if the petitioner or assessee was not remedial and has now questioned the issuance of a notice, he is required by law to cooperate with the authority in the...

Can't Snoop On Neighbours In Guise Of Installing CCTV Cameras For Security: Kerala High Court

The Kerala High Court on Tuesday made a prima facie view that no one should be permitted to snoop into the affairs of their neighbours, in the guise of installing CCTV cameras for security.Justice V.G. Arun thus directed the State Police Chief to come out with appropriate guidelines regarding the manner in which CCTV cameras are to be installed, in consultation with the State government."I am...

Only Caste Verification Committee Can Decide Validity Of Caste Certificate, Not Magistrate: Karnataka HC Quashes Cheating Case Against 61-Yr-Old

The Karnataka High Court has quashed a cheating case registered against a 61-year-old man who is alleged to have fraudulently obtained a false Caste Certificate, stating that he belongs to Scheduled Caste on which basis he secured a job in BEML. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by S. Neelakantappa, saying “The Caste Certificate issued...

Rule 12-A CCS Extraordinary Pension Rules | Widow Entitled To Pension Even If Death Of Husband Not Attributable To Govt Service: Punjab & Haryana HC

The Punjab and Haryana High Court recently directed the Centre to restore pension to a woman, whose husband - an employee of the Indian Air Force, had died in service in 1975. Her family pension was stopped in April 1982 when the authorities came to know that she had remarried the younger brother of her deceased husband.The division bench of Justice M.S. Ramachandra Rao and Justice...