Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

The Allahabad High Court has observed that an absconder/proclaimed offender in terms of Section 82 of the Code of Criminal Procedure 1973 is not entitled to the relief of anticipatory bail.The bench of Justice Suresh Kumar Gupta observed thus as it rejected the anticipatory bail plea of one Archana Gupta, who has been accused of grabbing a piece of land property of the first informant on...

BREAKING: Delhi High Court Directs Delhi Police To Handover Keys Of Markaz Nizamuddin To Maulana Saad

Rejecting Delhi Police's stand regarding the continuing restrictions at Tablighi Jamaat headquarter in Nizamuddin since March 2020, the Delhi High Court on Monday asked the police to handover the keys of Markaz Nizamuddin to Maulana Saad. In March this year, the court had permitted holding of prayers on five floors of the mosque during the month of Ramzan. In May, the high court permitted...

NCLAT Chennai Condones Delay Of 147 Days In Filing Appeal,The Time Spent On Bonafide Litigation

The National Company Law Appellate Tribunal ("NCLAT"), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in M.K. Resely & Ors. v Union Bank of India, has condoned a delay of 147 days in filing of appeal before NCLAT upon equity. The delay had occurred as the Appellant had challenged...

Dispute Arising Out Of Erstwhile Central Excise Act Has To Be Dealt With Under Its Provisions And Not Under GST: Jharkhand High Court

The Jharkhand High Court has held that the initiation of proceedings by the department under section 73 (1) of the CGST Act, 2017 for alleged contravention of the Central Excise Act (C.E.A.) and Finance Act against the petitioner in terms of Section 140 of the CGST Act for the transition of CENVAT Credit as being inadmissible under GST was beyond his jurisdiction.The division bench of...

"Bike Vloggers" Use Modified Bikes Without RTO Permit, Indulge In Rash Driving: Plea In Madras High Court, Notice Issued

The Madras High Court on Monday sought the State's response on a lawyer's plea seeking to frame rules and regulations against bike riders who drive their bikes in a rash and dangerous manner in public places and to prevent usage of modified/altered bikes without proper permission from the Regional Transport Officer (RTO) in the state of Tamil Nadu.The bench of Acting Chief Justice T Raja...

Not Practical To Appoint Transgenders, Need To Frame Policy First: State Moves Bombay HC Against MAT Order On Constable Recruitment In Police Dept

The Maharashtra Government has approached the Bombay High Court against directions to the state to create the third option of 'other gender,' after male and female in application forms of all recruitments of the Home Department. The state has called it an "overreach of jurisdiction" and an "interference in the domain of policy making." The petition pertains to recruitment of...

ITAT Deletes Addition On Cash Deposits Before Demonetisation

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has directed the Assessing Officer (AO) to delete the addition made on account of cash deposits made before demonetization.The bench of G. Manjunatha (an accountant member) has observed that as per Section 5 of the Specified Bank Notes (Cessation of Liabilities) Ordinance, 2016, from December 31, 2016, no person shall, knowingly...

Will Infringe Vehicle Owners' Choice: Karnataka High Court Dismisses PIL Seeking To Implement "Moving Gardens"

The Karnataka High Court has dismissed a petition filed by an advocate seeking directions to the Union and State Government to conduct a study into the feasibility of implementing 'moving garden' on all possible vehicless. The petitioner prayed that if the concept is found to be feasible, the State Government be directed to implement it so as to maintain ecology...

2009 Chitrakoot Rioting Case: UP Court Sentences Banda BJP MP RK Singh Patel To 1 Year In Jail

A court in Uttar Pradesh last week convicted and sentenced BJP MP (from Banda District), RK Singh Patel to 1 year in jail in connection with a case registered against him in 2009 for taking out a juloos, halting a train, blocking public roads, and pelting stones at police personnel during a protest against the State Government.A total of 19 people involved in the incident have been found...

Delhi Govt Rejects LG's Request For Removal Of DDCD Vice Chairperson Jasmine Shah; High Court Refuses To Stay LG's Decision, Seeks Written Response

The Delhi High Court on Monday refused to stay Lieutenant Governor Vinai Kumar Saxena's decision asking Delhi Chief Minister Arvind Kejriwal to remove Dialogue and Development Commission of Delhi (DDCD) Vice Chairperson Jasmine Shah from the post and the interim order restricting Shah from discharge of functions as the V-C in the meantime.In the order conveyed through Director (Planning)...

Authorities Manning 'Dangerous Commodity' Must Take Extra Measures: JKL High Court Awards 24 Lakh Compensation To Woman Disabled Due To Electrocution

The Jammu and Kashmir and Ladakh High Court while awarding Rs 24 Lakh to a woman left crippled because of a High Voltage electric shock observed that authorities manning dangerous commodities like electricity have an extra duty to take all measures to prevent any mishap. The observations were made by Justice Sanjay Dhar while hearing a plea in terms of which the petitioner had...

Bombay High Court Weekly Roundup: November 21 To November 27, 2022

Nominal Index [Citation 451 – 461] 1. M/s. Sanathan Textile Pvt. Ltd. v. Union of India 2022 LiveLaw (Bom) 451 2. Faizan Wahid Baig v. State of Maharashtra 2022 LiveLaw (Bom) 452 3. Vijay S/o Shankarrao Talewar and Ors. v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 453 4. Sheikhah Fadiah Saad Al-Abdullah Al-Sabah v. Sanjay Mishrimal Punamiya...