Candidates Born In Maharashtra But Completed 10th/ 12th From Outside Due To Parent's Army Posting Entitled To State Quota In Admissions: High Court

The Bombay High Court has read down rule for Maharashtra quota reservation with respect to admission in 5-year law program in the State for candidates who are born/ domiciled in Maharashtra but who could not complete their 10th/ 12th from the State on account of their parent's army posting."Rules are not ultra vires, however, we may hasten to add that same needs to be read down to...

Delhi High Court Sets Aside Murder Conviction & Life Sentence Of Man Who Was Unrepresented By Lawyer, Remands Case Back To Trial Court

Setting aside the orders of conviction for murder and sentence of life imprisonment awarded to a man in 2018 who was unrepresented by a lawyer before the Trial Court, the Delhi High Court has remanded the case back to the Trial Court for cross examination of certain prosecution witnesses. A division bench comprising of Justice Mukta Gupta and Justice Anish Dayal was of the view that there...

Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC

The Karnataka High Court has said that an accused who has secured anticipatory bail orders at the hands of jurisdictional Sessions Judge, wherein a condition is stipulated for the accused to cooperate in the investigation process, cannot readily approach the High Court seeking quashing of the criminal proceedings. A single judge bench of Justice Krishna S Dixit while dismissing...

Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court

The Kerala High Court recently observed that an order passed without issuing notice to the opposite party cannot be brought under the purview of Section 36 CPC and it cannot be executed through court until the same is merged in a subsequent order after notice to the opposite party.Justice P. Somarajan observed that in cases where the ex parte order has been passed without issuing notice to...

Bombay High Court CJ Dipankar Datta Recuses From Hearing PIL Seeking To Expedite Process For Appointment Of Judges

Chief Justice Dipankar Datta of Bombay High Court recused from hearing a Public Interest Litigation praying for the process of appointment of judges at the high court to be expedited. The PIL, filed by Dr. Sharmila Ghuge, professor of law at Mumbai University also prays that retired high court judges be appointed as ad-hoc judges till the process of fulfilling the sanctioned strength...

S.14 SARFAESI Act | District Magistrate Can Delegate Powers To Executive Magistrate To Take Possession Of Secured Assets: Calcutta High Court

In an important decision delivered today, the Calcutta High Court has held that step taken under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act') while taking possession of the secured assets is a ministerial step and hence, the Chief Metropolitan Magistrate or the District Magistrate need not go personally...

High Court Sets Aside Bihar Secretariat's Order Withholding Employee's 100% Pension Pending Disciplinary Action, Imposes ₹1 Lakh Cost

The Patna High Court recently reversed an order passed by the Bihar Secretariat's office withholding an employee's 100% pensionary benefits, without concluding the disciplinary enquiry initiated against him. Justice P. B. Bajanthri also directed the Secretariat officials to pay a cost of Rs.1 Lakhs to the Petitioner, for "lapses" in following Bihar Pension Rules. The petitioner...

12% GST Payable On Works Contract Services Executed To Karnataka Housing Board For Construction Of Police Station: AAR

The Karnataka Authority of Advance Ruling (AAR) has ruled that 12% GST is payable on work contract services executed for the Karnataka Housing Board for the construction of a police station.The two-member bench of M.P. Ravi Prasad and T.Kiran Reddy has held that work contract services executed to the Karnataka Slum Development Board under the Pradhan Mantri Awas Yojana, as a...

CESTAT Allows Interest On Custom Duty Refund From Deposit Date To Refund Date

The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the 12% interest on custom duty refund from the deposit date to the refund date.The bench of Anil Choudhary (Judicial Member) has observed that the amount of deposit made during investigation or audit becomes pre-deposit ipso facto upon contest of the dispute or filing of the appeal, and the...

Allahabad High Court Allows Termination Of 23-Week Pregnancy Of 12-Year-Old Rape Survivor To 'Free Her Of The Trauma & Social Miseries'

The Allahabad High Court on Monday allowed a Writ Petition that was filed before it to terminate the 24-week-old pregnancy of a 12-year-old rape survivor.Keeping in view the report of the medical board, the bench Justice Attau Rahman Masoodi and Justice Om Prakash Shukla permitted the medical experts to proceed with the challenge of terminating the pregnancy in the interest of justice.It may...

S.142 NI Act | Magistrate Can't Take Cognizance If Complaint Not Filed Within One Month After Cheque Drawer Received Statutory Notice: Patna HC

The Patna High Court recently observed that magistrate is forbidden from taking cognizance of the offence under Section 138 Negotiable Instruments Act if the complaint was not filed within one month of the date on which the cause of action arose. The observation came from Justice Prabhat Kumar Singh: "In terms of clause (c) of the proviso to section 142 of the NI Act, such...

Qutub Minar Row: Delhi Court Reserves Order On Intervention Claiming Ownership Of All Land Between Ganga & Yamuna From Agra To Gurugram

In connection with the appeals seeking restoration of alleged temples in Delhi's Qutub Minar complex, a Delhi Court on Monday reserved order in the intervention application filed by one Kunwar Mahendra Dhwaj Prasad Singh seeking right over the territories running between the river Yamuna and Ganga from Agra to Meerut, Aligarh, Bullandshahr and Gurgaon.Additional District Judge Dinesh Kumar...