Gurudwara A Pious Place, Misappropriation Of Its Funds Hurts Sentiments Of People: Punjab & Haryana High Court

"The Gurudwara is a pious place and the misappropriation of its funds hurts the sentiments of several people," the Punjab and Haryana High Court observed recently as it denied anticipatory bail to certain persons accused of siphoning off the funds of Gurudwara Singh Sabha in Barwala town of Hisar District in Haryana.Noting that the petitioners are required for custodial interrogation to...

Court Retains Power To Execute Its Maintenance Order Against Person Residing Outside Its Jurisdiction: Kerala High Court

The Kerala High Court on Tuesday held that even though an order of maintenance may be enforceable at the place where the person - against whom it is made - resides, the court which passed the order also retains the power to execute it outside the jurisdiction where such person is residing. The Single Judge Bench of Justice A. Badharudeen considered the legal question as to whether a court...

'Moratorium U/S 14(1) IBC Applies Only To Corporate Debtor; Non-Corporate Debtors U/S 141 NI Act Continue To Be Statutorily Liable': Kerala HC

The Kerala High Court on Thursday held that the moratorium provision enshrined in Section 14 (1) of the Insolvency and Bankruptcy Code would only apply to corporate debtors, and the non-corporate debtors under Section 141 of the Negotiable Instruments Act would continue to be statutorily liable under Chapter XVII of the Act. As regards the application of the principles of vicarious...

Conversion Of Plea U/S 156 (3) CrPC Into A Complaint Isn't An Interlocutory Order; Revision Against It Maintainable: Allahabad HC

The Allahabad High Court has recently observed that a Magistrate’s order, rejecting an application under Section 156(3) CrPC or converting it into a complaint, is not an interlocutory order and the aggrieved party can prefer revision against it under Section 397 CrPC. The court also added that such an order of the magistrate cannot be challenged in a plea moved under Section 482 CrPC...

[Kerala Service Rules] Leave Vacancy Without Allowance Granted To Regular Incumbent Not Appointment Against 'Substantive Vacancy': High Court

The Kerala High Court on Wednesday held the appointment of a teacher against the vacancy that arose by reason of the leave without allowance granted to a regular incumbent, cannot be regarded as an appointment made against a substantive vacancy. The Division Bench comprising Justice P.B. Sureshkumar and Justice C.S. Sudha further held that the service rendered by such person in the leave...

Life And Liberty Of A Foreigner Cannot Be Invoked On His Behalf When The Individual Himself Is Not In India: Gujarat High Court

The Gujarat High Court has held that a person (foreign citizen) cannot invoke life and liberty under the Indian Constitution if he is not himself present in India. It added that a US-citizen cannot invoke Articles 14 and 19 of the Constitution if he is not on the shore of India.The observation was made by Justice Biren Vaishnav while hearing the plea of an Indian-origin US citizen, denied...

Uphaar Fire Tragedy: Delhi High Court Reserves Order On Sushil Ansal’s Plea Seeking Stay On Netflix Series ‘Trial By Fire’

The Delhi High Court on Wednesday reserved its decision on the plea moved by real estate baron Sushil Ansal seeking an ad interim stay on the release of upcoming Netflix series ‘Trial By Fire' which is based on the Uphaar fire tragedy. The series is scheduled to be released on January 13.Justice Yashwant Varma reserved the order on Ansal’s application seeking relief of temporary...

Bombay High Court Quashes Orders Cancelling Johnson & Johnson's License For Baby Powder Production, Says FDA Action 'Arbitrary'

The Bombay High Court on Wednesday quashed the Maharashtra Food and Drug Administration’s orders cancelling Johnson and Johnson’s license to manufacture its baby powder at the Mulund factory. Johnson and Johnson will now be able to manufacture and sell its baby powder. A division bench of Justice Gautam Patel and Justice SG Dhige said FDA's action was unreasonably delayed and...

Complainant Need Not Cite Detailed Particulars Of Every Single Act Of Domestic Violence In Complaint: Orissa HC Refuses To Quash Case Against In-Laws

The Orissa High Court has clarified that a complainant need not mention the detailed particulars of every single act of domestic violence in the complaint itself. Thus, even a prima facie disclosure of acts of violence would be sufficient to maintain a complaint under the Protection of Women from Domestic Violence Act, 2005 (PWDV Act). While rejecting a revision petition praying to...

Andhra Pradesh High Court Quashes Rape Case, Allows Compromise Between Accused & Victim

The Andhra Pradesh High Court last week quashed a rape case/complaint filed by a woman against the accused and allowed her to compromise the matter with him. The Court passed this order after the de facto complainant/victim submitted before her that she had filed the complaint (under Sections 376, 417 of IPC and Sections 3(v), 3(1)(r) of SC & Act) before the police as she was...

Gujarat High Court Backs Centre's Policy Denying Entry In India To Foreigners Convicted For Sexual Offences

The Gujarat High Court recently came in support of Centre's policy refusing entry in India to foreigners convicted of rape or foreigners who are found to be morally depraved.Dismissing a US-citizen's plea, Justice Biren Vaishnav observed,"The petitioner has been convicted as a sex offender and the endorsement is so made on his passport too. In the exercise of a statutory power flowing from...

CBIC Extends Levy Of Anti-dumping Duty On Fishnet Exported From China Till July 9, 2023

The Central Board of Indirect Taxes and Customs (CBIC) has extended the levy of ADD on fishnet/fishing nets exported from China till July 9, 2023.Previously, the CBIC issued Notification No. 20/2018-Customs (ADD) dated April 10, 2018, which imposed a definitive anti-dumping duty (ADD) for a five-year period on imports of fishnet or fishing nets coming from China or Bangladesh.The levy of ADD...