Decision Of CG Not To Impose Anti-Dumping Duty, Quasi-Judicial In Nature; Principles Of NJ Must Be Followed: CESTAT

The New Delhi bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has reiterated that the decision taken by the Central Government to not impose anti-dumping duty under Section 9A of the Customs Tariff Act, 1975, is quasi-judicial in nature and not legislative, and thus, the requirement of a reasoned order must be compiled with. The Tribunal ruled that the...

Haldwani Evictions : Reasons Given By Uttarakhand High Court To Order Evictions In Gafoor Basti Near Railway Land [Read Judgment]

The Uttarakhand High Court last month ordered the Railway and local authorities to demolish the encroachment on railway land in Ghafoor Basti located in the Banbhoolpura area of Haldwani by giving a week's notice to the encroachers. The Court ordered thus while holding that the area in question is the property of the railway, and not Nazul land, as claimed by the dwellers. It may be...

Bombay High Court Adjourns PIL Seeking Postponement Of JEE Mains, Asks Petitioner To Bring Relevant Documents On Record

The Bombay High Court Wednesday adjourned a plea seeking postponement of the JEE Mains 2023 (Session 1) to after it noted that the petitioner has failed to file on record the brochure of the exam. The case was adjourned to Tuesday."You have not filed the rules that you are challenging? How can you file petition without the rules which you are challenging?...We have to see how it is unfair,"...

Delhi Govt Not Willing To Pay Towards Payment Of Dues To Reliance Infra: DMRC To High Court

The Delhi Metro Rail Corporation (DMRC) on Wednesday informed Delhi High Court that the Delhi Government "is not inclined" to contribute towards the payment of unpaid dues of arbitral award to Reliance Infrastructure-promoted Delhi Airport Metro Express Private Ltd (DAMEPL).Justice Yashwant Varma took note of the affidavit filed by DMRC in which it was stated that Delhi government has...

Inspector Can't Adjudicate, Quantify Wages Payable As Compensation Under Kerala Industrial Establishments (National & Festival Holidays) Act: High Court

The Kerala High Court recently considered the question as to whether the Inspector, appointed under the Kerala Industrial Establishments (National and Festival Holidays) Act, 1958, can adjudicate and decide the quantum of wages payable as compensation under the statute.Justice Bechu Kurian Thomas in the decision said that quantifying the amount due to an employee or adjudicating on the right of...

Gender Stereotype, Unconstitutional: Karnataka High Court Strikes Down Guideline Excluding Married Daughters From Ex-Servicemen Scheme

The Karnataka High Court has struck down a criteria in the guidelines issued by the Department of Sainik Welfare and Resettlement, by which married daughters under the age of 25-years, were held ineligible for issuance of dependent Identity cards. The identity card, if issued, makes them eligible to apply for government jobs in the reserved category for ex-servicemen.A single judge bench...

Co-Sharer Cannot Be Restrained From Raising Construction Over Portion Of Joint Holding In His Exclusive Possession: JKL High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that a co-sharer, who is in exclusive possession of a joint holding, cannot be restrained from raising construction on the portion of which he is in exclusive possession.The observations were made by a bench comprising Justice Sanjay Dhar while hearing a plea in terms of which one of the co-sharers had challenged an order passed...

Human Sacrifice Case | Kerala High Court Dismisses Laila Bhagawal Singh's Bail Plea

The Kerala High Court on Tuesday dismissed the bail application moved by Laila Bhagawal Singh, one of the accused in the Human Sacrifice Case.Justice Bechu Kurian Thomas observed that, The active involvement of the petitioner in the crime and in another crime is asserted by the prosecution and the materials collected, prima facie reveal her involvement in the present crime...Having regard to...

Writ Courts Can't Sit In Armchair Of Financial Experts U/Art 226, Business Prudence Can't Be Subject Matter Of Judicial Scrutiny: Gujarat High Court

The Gujarat High Court on Monday held that writ courts exercising jurisdiction under Article 226 of the Constitution cannot sit in the armchair of financial experts and decide matters of business prudence. A Division Bench of Chief Justice Aravind Kumar and Justice Ashutosh J. Shastri added that interference in financial and banking matters would only be called for if the impugned decision...

Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court

The Bombay High Court recently reiterated that the grounds on which bail was granted to an accused have to be considered by the detaining authority while deciding whether the accused needs to be preventively detained or not.“Grant of bail is an important factor which goes into making up of the requisite satisfaction of the Authority. When considered appropriately, the grounds of bail do...

[POCSO Act] Description Of Incident Assumes Significance As Child Might Not Know What Is Sexual Assault: Madras High Court

While refusing to set aside the conviction of a man who was charged under the Prevention of Children from Sexual Offences (POCSO) Act, the Madras High Court held that in POCSO cases, the description of the incident by the child assumes a lot of significance to come to a conclusion as to whether there was penetrative sexual assault in a given case. The bench of Justice PN Prakash and...

Orissa High Court Records 133.60% Case Clearance Rate In 2022; Statistics Went Up To 177% For District Judiciary

The Orissa High Court has recorded 133.60% of Case Clearance Rate (CCR) in the year 2022. As per the press statement released by the High Court, the pending cases at the end of the year stood 34,352 cases less than what it was at the beginning of the year. It further noted: “In the current year i.e. from 1st January, 2022 to 23rd December, 2022 (till Winter Holidays) 1,02,247 cases...