[Appointment Of Judges] Can't Close Eyes And Accept Recommendations Made By Collegium: Union Law Minister Kiren Rijiju

The Union Law and Justice Minister Law Minister Kiren Rijiju today told the Lok Sabha that the Union Government can't close its eyes and blindly accept the recommendations made by the Supreme Court collegium for appointments to the High Court and Supreme Court.Essentially, the Union Law Minister was answering a question raised by an MP as to why the Centre doesn't approve of certain...

Calcutta High Court Reiterates Principles Governing HC's Jurisdiction To Review Own Judgment Passed In Writ Plea

The Calcutta High Court recently reiterated the principles governing HC's power/jurisdiction to review its own judgment passed in a writ plea. The Court also stressed that the Court has very limited scope to review its own rulings.The bench of Justice Shekhar B. Saraf essentially reiterated the principles of review as observed in the case of The State of West Bengal & Anr. Vs....

Madras High Court Half Yearly Digest: January to June 2022 [Citation 1- 276]

NOMINAL INDEX M/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police & Ors, 2022 LiveLaw (Mad) 1 The University of Madras, Rep. By its Registrar v. Dr. S. Bhaskaran & Ors., 2022 LiveLaw (Mad) 2 Payel Biswas v. The Commissioner of Police, Trichy City & Ors., 2022 LiveLaw (Mad) 3 All India Anna...

When Prosecution Itself Is Infested With Motive, Court Can Interfere & Quash The Same To Prevent Abuse Of Process Of Law: Madras High Court

While quashing a final report against a man accused of being in possession of an intoxicating drug and charged with Section 4(1) (a) of the Tamil Nadu Prohibition Act 1937, the Madras High Court observed that the prosecution was a malafide one. The accused was found in possession of 96 IMFL rum bottles in a car. The car was intercepted and the rum bottles were seized by...

Joint Owner Can't Prevent Another Co-Owner From Using Portion Of Joint Property By Injunction Except To Prevent Wastage/ Destruction: P&H High Court

Punjab and Haryana High Court while dismissing a regular second appeal by the plaintiff against the judgements and decrees by the Courts below dismissing his suit for permanent injunction, held that once the suit land is not partitioned and the parties are co-sharers and co-owners, each and every co-sharer will be considered to be in possession of every inch of land. The bench...

Senior Advocate Vinod Ghai Appointed As The New Advocate General For Punjab

Senior Advocate Vinod Ghai has been appointed as Punjab's new Advocate General. The post fell vacant after senior advocate Anmol Ratan Singh Sidhu resigned from his post diting personal reasons.62-year-old Vinod Ghai is the son of celebrated criminal lawyer, late RS Ghai, and he practiced on the criminal side and he was appointed senior advocate in the year 2012. He was the defense counsel...

KEAM Candidate Entitled To Accept Higher Options Until Centralized Admission Process Is Complete: Kerala High Court Asks College To Refund Fee

The Kerala High Court on Monday held that as long as the centralized admission process was not complete, a candidate who attempted the Kerala Engineering, Architecture, Medical and Allied Courses (KEAM) exam is not only entitled but also bound to accept the higher options in the stream. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly thereby directed MES Dental...

NCLAT Delhi Sets Aside The CIRP Of LA Residentia Developers, As Parties Enter Settlement

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Amrapali LA-Residentia Flat Buyers Welfare Association (ALRFBWA) v LA Residentia Developers Pvt. Ltd. & Ors., has set aside...

Reopening Assessment Without Furnishing Information Violates Principles Of Natural Justice: Calcutta High Court

The Calcutta High Court bench of Justice T.S. Shivagnanam and Justice Bivas Pattanayak has held that failure to furnish information based on which assessment was reopened is a violation of principles of natural justice.The appellant/assessee has challenged the assessment order passed under the provisions of the Income Tax Act 1961 on the ground that it has been passed in violation of...

CESTAT Allows Cenvat Credit of 2% CVD Paid On Import Of Steam Coal

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ajay Sharma (Judicial Member) and P.V. Subba Rao (Technical Member) has allowed the Cenvat credit of 2% CVD paid on the import of steam coal.The appellant/department has assailed four different orders passed by the Commissioner (Appeals) in four appeals by which the Commissioner (Appeals)...

Lok Sabha Passes Bill To Validate Family Courts In Himachal Pradesh & Nagaland

The Lok Sabha today passed the Family Courts (Amendment) Bill, 2022 to overcome the issue of lack of jurisdiction of Family Courts in the States of Himachal Pradesh and Nagaland.Though the Government of Nagaland established two Family Courts in September 2008 and the Government of Himachal Pradesh established three Family Courts in February 2019, the same are yet to be brought into force by...

CESTAT Quashes Order Of Forfeiture Of Security Deposit, Sustained The Penalty On Customs Broker

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the order of forfeiture of security deposit of Rs. 5 lakhs but sustained the penalty of Rs. 50,000 on the Customs Broker.The two-member bench headed by Justice Dilip Gupta (President) and Raju (Technical Member) has observed that the forfeiture of security deposit of Rs. 5 lakhs and imposition of...