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Only State Or Accused Can Seek Directions For Speedy Trial In Police-Report Cases, Not Victim: Delhi High Court
The Delhi High Court has held that in cases arising out of a police report, only the State or the accused has the locus to seek directions for expeditious disposal of the trial.Justice Girish Kathpalia clarified that a de facto complainant or victim cannot maintain such a plea.The bench observed,“the subject case being a State case, role of the complainant de facto is limited to being a...
Madras High Court Quashes CESTAT Chennai Order For Deciding Issues Not Under Appeal
The Madras High Court has pulled up the Customs, Excise and Service Tax Appellate Tribunal, Chennai for overstepping its mandate, quashing its order and holding that the Tribunal cannot decide issues that were never appealed before it. A Bench of Justices Anita Sumanth and K. Govindarajan Thilakavadi said that although Section 129-B of the Customs Act, 1962 confers wide powers on the...
Jharkhand High Court Scraps 'Net Charges' Formula For Electricity Duty Levy, Flags Excessive Delegation
The Jharkhand High Court on Monday struck down a proviso introduced by a state amendment to the Bihar Electricity Duty Act, 1948 that allowed electricity duty to be levied as a percentage of consumers' “net charges”. The court held that the legislature had delegated its taxing power to the executive without laying down any policy guidance. It further held that empowering the state...
Father Need Not Prove Financial Dependency To Claim Compensation As Legal Representative Under MV Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the Motor Accident Claims Tribunal can't deny compensation to the father of the deceased on the ground that he was not financially dependent on his son.The Court further clarified that a father, being a legal representative, is entitled to compensation and estate of the decased, irrespective of dependency. Even when dependency is not proved...
Karnataka High Court Asks Winzo To Appear Before Police & Record Statement After Woman Alleges Misuse Of Pan Card On Gaming App
The Karnataka High Court on Wednesday (January 7) directed online gaming company Winzo Games Private Limited to appear before the police and record its statement in a criminal case wherein a woman has alleged that her Pan Card details were stolen and misused on Winzo's gaming app. As per the complainant, it is alleged that Winzo found out and communicated about the misuse of the complainant's...
Power To Condone Delay Lies Only With Courts, Not Tribunals Unless Statute Expressly Permits: Supreme Court
The Supreme Court on Wednesday (January 7) reiterated that the Company Law Board or Tribunal cannot condone delays in filing appeals unless the law expressly grants them such power, clarifying that the authority to condone delay lies with courts and not with quasi-judicial bodies unless specifically provided under their governing framework. “The provisions of the (Limitation)...
EPF Wage Ceiling Limit Revision Requires Active Consideration : Supreme Court Asks Union To Decide In 4 Months
Dealing with a public interest litigation, the Supreme Court recently allowed a litigant to approach the Union government with a representation for revision of wage ceiling limit under the Employees Provident Fund scheme.A bench of Justices JK Maheshwari and Atul S Chadurkar heard the matter and ordered that the respondent-government(s) take a decision within 4 months. The petitioner can file...
Gauhati High Court Bar Association To Boycott Foundation Stone Ceremony Of New High Court Building; Announces Hunger Strike
The Gauhati High Court Bar Association has decided to boycott the proposed foundation stone laying ceremony for the new High Court building scheduled to be held on January 11 at Rangmahal in North Guwahati. The decision was taken in continuation of a resolution adopted at the Association's Emergent Extra-Ordinary General Meeting held on January 6.In a press release issued on Tuesday, the...
State Must Abandon Colonial Mindset : Supreme Court Criticises Governments Retracting Assurances To Industries
The Supreme Court strongly criticised the States for moving back on its promises to investors, holding that industrial incentive policies must be interpreted liberally and purposively, and that the State cannot evade its commitments through technicalities or retrospective amendments, as such conduct erodes investor confidence and defeats the very purpose of industrial policies. “Where...