Confining Death Row Inmates In Separate Cells Unwarranted: Telangana High Court Directs Prison Admin To Remove Prisoners From Solitary Confinement

The Telangana High Court has directed Cherlapally Central Prison to remove two death row inmates from solitary confinement and permit their movement within jail by treating them equally with other prisoners.Justice Lalitha Kanneganti said the prisoners shall be provided to all facilities like the other prisoners. "In this case, Sanjay Kumar and Marri Srinivas Reddy were convicted and...

Apathy Of GSTN To Address Limitations Of System-Driven Processes: Gujarat High Court Recommends Portal To Introduce 'May I Help You' Feature

The Gujarat High Court has remarked that though it is in favour of the automatic system-driven process for initiating refund of IGST, over the officer driven process, however, there is an apathy at the level of the Goods and Service Tax Network (GSTN) to address and rectify the limitations that come with making all the processes system driven. The bench of Justices Sonia Gokani and...

Persons Engaged In Statutory Corporation Under Special Contract Do Not Hold 'Civil Post' Under Article 311: JKL High Court

The Jammu and Kashmir and Ladakh High Court has reiterated that where a person is engaged in a statutory corporation on the basis of a special contract, Article 311 has no application. The provision relates to dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State.While hearing the plea where the services of a Media Assistant engaged in...

Orissa High Court Halts Field Posting Of Police Officer Who Refused To Register FIR In Alleged Murder Case, Orders Sensitization Training

In a strong action against police inaction and institutional lethargy in registering First Information Report (FIR) in a case involving serious charge like murder, the Orissa High Court has directed 'sensitization training' for an Inspector-In-Charge (IIC) in State's Police Academy. It has also directed the Commissioner of Police, Bhubaneswar to desist from assigning any 'field posting'...

Vismaya Dowry Death Case: Kerala High Court Refuses To Suspend Husband Kiran Kumar's 10-Yrs Sentence

The Kerala High Court on Tuesday dismissed the application filed by Kiran Kumar, the convict in the Vismaya dowry death case, seeking an interim order for suspension of his 10 years sentence.The application was moved in a Criminal Appeal against his conviction and sentence handed down in May this year following his wife's death under mysterious circumstances, after she had complained of...

[Kerala Education Rules] Service Against Two Different Vacancies Not 'Continuous' To Be Reckoned For Vacation Salary: High Court

The Kerala High Court on Wednesday held that for the purposes of claiming vacation salary, the teacher should have a continuous service of eight months in the vacancy (not permanent) which extends over summer vacation, as per Rule 49 of Chapter XIV-A of the Kerala Education Rules.The Court arrived at this finding while answering the pointed query as to whether service under two...

Section 66 Of IBC Does Not Provide For Any Look Back Period For Fraudulent Transactions: NCLAT Chennai

The National Company Law Appellate Tribunal ("NCLAT"), Chennai Bench, comprising of Justice M Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Mr. Thomas George v K. Easwara Pillai & Ors., has held that the Section 66 of IBC does not provide for any look back period as far as fraudulent transactions...

Gauhati High Court Kohima Bench Commences Live Streaming Of Court Proceedings On YouTube

The Kohima Bench of the Gauhati High Court has commenced 'live-streaming' of its Court proceedings from Monday. With this, it has become the third constitutional Court from the north-east to live-stream its proceedings, after Gauhati (Principal Bench) and Meghalaya High Courts. The streaming will be governed by the Gauhati High Court (Live Streaming and Recording of Court...

Odisha Lawyers' Strike: BCI Suspends Licenses Of 29 Protesting Lawyers Of Sambalpur For 18 Months

In an important development, the Bar Council of India (BCI), on Monday, has suspended the licenses of practice of 29 advocates of the District Bar Association, Sambalpur, with immediate effect, for 18 months against whom a First Information Report (FIR) was lodged last month for allegedly uttering unparliamentary words for Judges, attacking police officials and...

Not Awarding LD- Finding Of Fact By Arbitrator, Need Not To Be Interfered: Calcutta High Court

The Calcutta High Court has reiterated that damage or loss is sine qua non for the applicability of Section 74 of the Indian Contract Act, 1872 and thus, in the absence of loss, penalty/liquidated damages cannot be claimed on breach of contract. The bench of Justices I. P. Mukerji and Md. Nizamuddin ruled that the finding arrived at by the Arbitrator, to the effect that the party...

Are Signboards Advertisements? Delhi High Court Says If They Convey Nature Of Business Via Name, They Could Fall Under Section 143 DMC Act

The Delhi High Court has ruled that signboards which convey the nature of the business via names or nomenclature could fall within the provisions of Section 143 of the Delhi Municipal Corporation Act.As per the provision, no advertisement can be "erected, exhibited, fixed or retained" at any public place in Delhi without the written permission of the Commissioner. The division bench of...

Compromise Doubtful, Only To Benefit Related Parties, NCLAT Delhi Upholds Liquidation Of CD

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Bankey Bihari Infrahomes Pvt. Ltd. v Mr. Alok Kumar Kuchchal & Anr., has upheld the Adjudicating Authority's decision to proceed with liquidation...