Allahabad High Court Issues Notice To Attorney General, Advocate General On PIL Challenging Waqf Act

The Allahabad High Court has issued notices to the Attorney General of India and the Advocate General on a Public Interest Litigation (PIL) plea moved before it challenging the constitutionality of the Waqf Act, 1995. The matter has been listed as fresh on December 15, 2022.Essentially, the bench of Chief Justice Rajesh Bindal and Justice J. J. Munir is dealing with a PIL Plea moved by...

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained.A single judge bench of Justice Suraj Govindaraj thus allowed the petition filed by one Mirle Varadaraju and quashed the proceedings under KCOCA, following the quashment of the...

Electricity Dues Of Previous Consumer Create First Charge On Property: Kerala High Court

The Kerala High Court on Friday observed that though the subsequent purchaser of a property is not liable to pay the dues owed to the Electricity Board by a previous owner; however, the dues from the previous consumer would create a first charge on the property in question.Justice Shaji P. Chaly further clarified that the Electricity Board is entitled to recover the dues by proceeding against...

Bank Employees' Gratuity Can't Be Adjusted Against Their Outstanding Loan: Karnataka High Court

The Karnataka High Court has held that the gratuity amount payable to a bank employee cannot be adjusted by the bank with his outstanding loan amount. A single judge bench of Justice Suraj Govindaraj thus dismissed a petition filed by the Canara Bank questioning the order of Appellate Authority which set aside the order of the Controlling Authority permitting adjustment of gratuity...

Planning To Build A Corridor At Banke Bihari Temple In Mathura: UP Govt Informs Allahabad High Court

The Uttar Pradesh Government has informed the Allahabad High Court that it is planning to build a corridor by acquiring five acres of land near the Banke Bihari temple (in Mathura) to provide facilities to the devotees.For the uninitiated, Bankey Bihari Temple is situated in Vrindavan, Mathura and it is dedicated to Bankey Bihari who is believed to be the combined form of Radha and Krishna....

Bail Can't Be Denied Merely Because Numerous FIRs Are Registered Against A Person Unless Prima Facie Involvement Shown: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that merely because a number of FIRs stand registered against a person he cannot be denied concession of bail, particularly, when his involvement in commission of a non-bailable offence is not prima facie shown from the contents of the FIR. The observations were made by Justice Sanjay Dhar while hearing an application ...

Delhi High Court Dismisses Samata Party's Plea Against Allotment of 'Flaming Torch' To Uddhav Thackeray's Shiv Sena

The Delhi High Court on Wednesday dismissed the plea filed by Samata Party against allotment of flaming torch symbol to Uddhav Thackeray's Shiv Sena by Election Commission of India for the upcoming Andheri East Assembly bypoll in Maharashtra.Samata Party was formed in the year 1994 and was accorded recognition on October 24, 1994. The party had participated in the 2009 and 2014 Lok Sabha...

Payment Made By Assessee To Non-Resident Supplier Amount To "Royalty" And Liable To Deduct TDS: ITAT

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that the payment made by the assessee to the non-resident supplier would amount to royalty and there is an obligation on the part of the assessee to deduct tax at source.The two-member bench of T.R. Senthil Kumar (Judicial Member) and Annapurna Gupta (Accountant Member) has observed that the introduction of Explanation 5...

Madras High Court Dismisses Thirumavalavan's Plea To Review Order Granting Permission For RSS Route March

The Madras High Court on Tuesday rejected a review application filed by Thol. Thirumavalavan, leader of Viduthalai Chiruthaigal Katchi, seeking a review of the September 22nd order passed by the court granting permission to the Rashtriya Swayamsevak Sangh (RSS) to conduct their route march.The bench of Justice GK Ilanthiraiyan observed that the petitioner was not a party to the Writ Petitions...

Orissa HC Grants ₹10 Lakhs Compensation To Father Who Lost Son To Injuries Sustained While Playing Cricket In School

The Orissa High Court has ordered Rs. 10 Lakhs compensation to the father of a boy who died in 2011 after receiving injuries while playing cricket in the school premises. While holding the school liable for contributory negligence, a Single Bench of Justice Arindam Sinha held, "Court is convinced there was contributory negligence on part of the school leading to loss of the young...

SCN Without Any Reasons: Delhi High Court Quashes Order Cancelling GST Registration

The Delhi High Court has quashed the order cancelling the GST registration as the Range Inspector has physically verified the premises, neither by serving any notice of the physical verification nor in the report generated after the verification was uploaded on the portal.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that there was an infraction of...

Article 243Q | Governor's Power To Specify Municipality's Transitional Area Circumscribed By Statutory Stipulations: Allahabad High Court

The Allahabad High Court has made it clear that the Governor's power under Article 243Q of the Constitution, with respect to specifying transitional area of a Nagar Panchayat, is circumscribed by statutory stipulations.A Division bench of Justices Manoj Kumar Gupta and Rajendra Kumar-IV observed,"The Governor while being invested with power to include or exclude any area in a transitional...