News Updates
Service Charge Row: Delhi High Court Asks CCPA To Approach Single Judge For Vacation Of Stay
The Delhi High Court on Thursday disposed of an appeal filed by the Central Consumer Protection Authority (CCPA) against a single judge order which had stayed its guidelines prohibiting hotels and restaurants from levying service charges on bills. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted liberty to CCPA to file its response...
Compassionate Appointment Can't Be Claimed/Offered After A Significant Lapse Of Time And After Crisis Is Over: Allahabad High Court
The Allahabad High Court recently observed that an appointment on compassionate grounds cannot be claimed or offered after a significant lapse of time and after the crisis is over."The object of compassionate appointment is to tide over the immediate financial crisis suffered by the bereaved family due to the unexpected death of the employee concerned," the Court remarked.The bench of...
Karnataka High Court Reverses Order Discharging Wife For Bigamy, First Husband's Murder; Says Trial Necessary To Appreciate Evidence
The Karnataka High Court has set aside an order of the Sessions Court discharging a woman accused of bigamy and hatching a conspiracy with her second husband to murder her first husband. A single judge bench of Justice Dr. HB Prabhakara Sastry observed that there is sufficient material to proceed with the trial against Mamatha R., who allegedly killed her first husband to retain a...
Rajasthan High Court Upholds Order Imposing ₹10 Lakh Cost On Medical Institute For "Bench Hunting"
The Principal Bench of Rajasthan High Court at Jodhpur has upheld the single judge bench order, whereby a cost of Rs. 10 lakh was imposed on a medical institution for forum shopping.After the petition filed by Dhanwantri Institute of Medical Science was dismissed as withdrawn from the Jaipur bench of the High Court in April, the institute had approached its principal seat the very next...
Provincial Armed Constabulary & Civil Police Part Of Same Force; No Bar On Transfer From PAC To Civil Police: Allahabad High Court
The Allahabad High Court has observed that the entire Police Establishment including the Provincial Armed Constabulary (PAC) shall be deemed to be one Police Force. and that transfer can be made from PAC to Civil Police or vice versa.With this, the bench of Justice Saurabh Shyam Shamshery upheld the order of the UP Govt transferring constables and head constables in Uttar Pradesh Provincial...
CrPC Does Not Bar Amendment Of Complaint, Court May Allow Such Request If No Prejudice Is Caused To Other Side: Madhya Pradesh HC
The High Court of Madhya Pradesh recently held that the Complainant in a case under the Negotiable Instruments Act can amend/modify his complaint. Regarding the stage and the extent to which such modifications can be allowed, the Court opined that a simple infirmity, not causing any prejudice to the accused may be allowed at any stage. The bench comprising of Justice D.K....
Bombay High Court Reprimands Lawyer For Trying To Get Court Staff To Change Order
Bombay High Court recently expressed strong displeasure over an Advocate's conduct trying to get alterations in a judicial order through court staff."It is conduct unbecoming and we express our grave displeasure at this attempt to change a judicial order pronounced in open court, and to do so without a hearing in court and without notice to the other side" the court said after the...
Civil Courts Must Ascertain Religious/ Charitable Nature Of 'Trust' Before Exercising Jurisdiction U/S 92 CPC: Karnataka High Court
The Karnataka High Court has said that for exercising jurisdiction under Section 92 of the Code of Civil Procedure, the civil court is to first draw a factual finding from the material placed on record whether the Trust is a public charitable or a religious Trust and also whether the persons approaching the Court have any interest in the Trust. A single judge bench of Justice R....
Contract Discharged By Settlement – Dispute Under Contract Is A Deadwood; Cannot Be Referred To Arbitration: Bombay High Court
The Bombay High Court has ruled that once a settlement is arrived at by the parties, the contract between the parties stands discharged by mutual agreement and hence, the dispute arising under the said contract is a deadwood which cannot be referred to arbitration. Observing that a party who conceals or suppresses facts, including the factum of a settlement, is disentitled to relief...
Confessional Statement Of Co-Accused; Delhi High Court Quashes Charges Against Chartered Account For Being Speculative
The Delhi High Court has quashed the charges framed against a Chartered Account for aiding his client in money laundering purely on the basis of confessional statements made by a co-accused under Section 164 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The Single Bench of Justice Asha Menon ruled that retracted statements made by a co-accused under Section 164 Cr.P.C. are...
CBIC Revises Threshold Limits For Launching Prosecution In Relation To Offences Punishable Under Customs Act, 1962
The Central Board of Indirect Taxes and Customs (CBIC) has issued the guidelines for the launching of prosecution in relation to offences punishable under the Customs Act, 1962. The CBIC has decided to revise the threshold in the case of baggage and outright smuggling. The arrest and prosecution can be made in cases involving unauthorised importation of baggage/cases under the Transfer...