NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner

Granting bail to a Nigerian in a drugs case after nearly four years of custody, the Delhi High Court has said that any recovery made without compliance of Section 50 of the NDPS Act "itself cannot be sustained" and no reliance can be placed on it."Since the mandatory requirement of Section 50 of the NDPS Act has not been met in the first instance, the recovery itself is under doubt. Any...

Prasar Bharati Cannot Encrypt DD Sports: Delhi High Court, Dismisses Amazon's Plea Against Broadcast Of India-New Zealand Cricket Series On Dish TV

Upholding an interim order of the Telecom Disputes Settlement and Appellate Tribunal, the Delhi High Court on Friday ruled that Prasar Bharti cannot encrypt the contents of DD Sports as long as it remains in the list of Free-to-air channels which are required to be compulsorily carried by all cable operators.Justice Yashwant Varma said DD Sports has been made FTA by the government in exercise...

High Court Directs Delhi Police To Take Action Against 'Prostitution Rings' Operating 'Under Garb Of Massage Parlours'

The Delhi High Court has directed the Delhi Police to ensure that all steps are taken to prevent prostitution rings from being operated "under the garb of massage parlours".A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation filed by one Ateet Bansal against the operation of "sex rackets or illegal flesh trade" in...

Delhi High Court Orders Telegram Messenger To Disclose Identity Of Users Sharing Dainik Jagran's ePaper

The Delhi High Court has directed the instant messaging app Telegram to comply with a 2020 order directing it to disclose the basic subscriber information of the users who unauthorisedly upload and share ePaper of Dainik Jagran newspaper in PDF in their channels.Justice Navin Chawla took note of the submission that the issue regarding disclosure of identity of users by Telegram is no longer...

Mere Filing Of FIR Against Restaurant Owner Not Ground To Cancel Its Performance License, Unless Case Results In Conviction: Bombay HC

Observing that mere registration of a criminal case cannot be a ground to cancel performance license of a restaurant unless the case results in a conviction, the Bombay High Court recently set aside the cancellation of performance licence of Geeta Lunch Home, a restaurant in Mumbai. "It is settled law that until held guilty, a person should be treated as innocent, and...

[S.24 Hindu Marriage Act] Posting Job Offer Letter On Social Media Insufficient Proof Of Wife's Employment: Bombay HC

The Bombay High Court granted interim maintenance to a woman in a matrimonial matter, observing that mere social media post about a job offer does not mean that she was actually employed. While dealing with a writ petition, Justice Sandeep V. Marne of the Aurangabad bench set aside family court's order denying maintenance pendente lite to the petitioner-wife. High Court said that...

POCSO Act | Sexual Harassment Of A Child Is A Cognizable And Non-Bailable Offence: Delhi High Court

The Delhi High Court has ruled that sexual harassment of a child, which is punishable under Section 12 of Protection of Children from Sexual Offences (POCSO) Act, 2012, is a cognizable and non-bailable offence.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the offence would fall within the scope of the second category of Part II of Schedule I...

There Must Be Causal Connection Between Breach Of Contract And Loss Sustained By Party Claiming Damages: Calcutta High Court

The Calcutta High Court has held that for claiming damages, there must be a causal connection between the breach of contract and the loss sustained by the party who suffers the breach.While dealing with a suit for recovery of earnest money, Justice Ravi Krishan Kapur observed,"The general aim of the law of damages is to protect the innocent party's defeated financial expectation and...

Fill Vacancies In Consumer Forums, Submit Report On Infrastructure Requirements Of DCDRCs, State Commission: High Court To Delhi Govt

The Delhi High Court has issued a slew of directions for improvement of infrastructure and filling up of vacancies in State and district consumer forums. Noting that a total of 24 posts for various categories are vacant in the district forums, Justice Pratibha M Singh directed that the same be filled up within a period of four weeks after the lifting of Model Code of Conduct in Delhi,...

Excise Law | Appointment Or Resignation Of Directors Cannot Be Equated With Change In Shareholding And Management Of Company: Calcutta High Court

The Calcutta High Court has observed that a shift or change in the management of a Company means a substantial and significant movement of the shares of such Company which leads to a shift in its management structure.While allowing a writ petition challenging excise regularisation fee of Rs. 1.45 crores imposed by the Superintendent of Excise upon a public limited company for alleged change...

Telangana High Court Stays SIT's Notice To BJP leader B L Santhosh; State Says His Desperate Attempts To Avoid Investigation Raise Suspicion

The Telangana High Court on Friday stayed the notice issued by the Special Investigation Team to BJP's National General Secretary B.L. Santhosh in connection with the ongoing investigation in the alleged TRS MLA poaching case.Justice K. Surender in the order said that the notice does not fulfil any of the three requirements under Section 41A CrPC."Prima facie, this Court finds that not one of...

CBEC Not Empowered To Modify the Scope of Exemption Notification issued by the Central Government: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the Central Board of Excise and Customs (CBEC) is not empowered to modify the scope of an exemption notification that the Central Government has issued.The two-member bench of Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that the exemption notification is issued...