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Order XXI Rule 90 CPC | Auction Sale Can't Be Challenged On Grounds Which Could Have Been Raised Before Proclamation : Supreme Court
The Supreme Court on Tuesday (November 25) held that a judgment-debtor cannot, at a belated stage, assail an auction sale in execution proceedings, particularly once the sale has been completed. The Court observed that such a challenge is impermissible under Order XXI Rule 90(3) of the Code of Civil Procedure when the judgment-debtor had a prior opportunity to raise objections before...
Delhi HC Allows Time-Barred Appeal Against Customs' Confiscation Of Gold, Says Traveller Cannot Be Left Remediless Due To Wrong Legal Advice
The Delhi High Court recently allowed an air traveller to prefer a time-barred appeal against confiscation of gold by the Customs Department, upon his arrival from Thailand.In doing so, a division bench of Justices Prathiba M. Singh and Shail Jain said, “the Petitioner cannot be rendered completely remediless in this matter as he may have proceeded on the legal advice.”The Petitioner...
Bollywood Actor Celina Jaitly Files Domestic Violence Complaint Against Austrian Husband, Demands ₹50 Crore Compensation
Bollywood actor Celina Jaitly has moved a complaint under the Domestic Violence Act against her Austrian-national husband Peter Haag demanding Rs 50 crore for continued harassment and cruelty she has been subjected to in her nearly 15 years marriage.The complaint has been filed before the Judicial Magistrate at Andheri, Mumbai, wherein the actress has cited several instances of her...
Ad Hoc Or Temporary Service Counts Toward Pension Only For Employees Governed By Pre-NPS Rules: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has clarified that temporary or ad hoc service can be counted as qualifying service for pension only in cases where the employee is governed by the pension regime that existed before the New Pension Scheme (“NPS”) came into force.The ruling came while examining whether ad hoc service rendered before regularisation could be used to...
Bar U/S 60 Bihar Prohibition Act Doesn't Oust High Court's Writ Jurisdiction To Release Seized Vehicles: Patna High Court
The Patna High Court held that while section 60 of the Bihar Prohibition and Excise Act bars jurisdiction of the Special Exercise Court to release seized vehicles used to commit the offence, the bar doesn't oust the writ jurisdiction of the High Court under Article 226 of the Constitution.The order was passed by Justice Arun Kumar Jha.The case arose when the petitioner Karnal Kumar's...
Civil Rights Enforcement Cell Can't Take Up Suo Motu Investigation Over Validity Of Caste Certificates: Karnataka High Court
The Karnataka High Court has observed that the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into cases related to validity of caste certificates."....the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into the caste certificate of the petitioner," Justice M Nagaprasanna said while allowing a petition filed by...
Orissa High Court Asks Why Life Convict's Appeal Filed With 12 Yrs Delay Despite Regular Jail Inspections By District Judge, DLSA
The Orissa High Court has expressed disappointment over the working of Jail and Legal Aid authorities after finding 12 years delay in filing a Jail Criminal Appeal (JCRLA) against a murder conviction recorded by a Sessions Court in the year 2013.A Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra was taken aback by such delay which occurred despite regular...
Supreme Court Leaves Open Question Whether Customs Can Seize Goods Which Left Port
The Supreme Court recently refused to entertain an appeal against the Customs, Excise and Service Tax Appellate Tribunal (“CESTAT”) view that once goods are cleared from the port, customs authorities lose their power to confiscate them for violations such as non-compliance with license requirements. However, the bench of Justices Manoj Misra and Ujjal Bhuyan left open the question...
CCTVs In Police Stations : Supreme Court Grants Final Deadline To States/UTs For Compliance Affidavits; Directs Secretary's Appearance On Default
The Supreme Court today granted 3 weeks to the States and UTs that have not filed their compliance affidavits in the matter relating to the lack of functional CCTV Cameras in police stations across the country. The Court added that in case of non-compliance with the deadline, Chief Secretaries are to be present in the Court on the next hearing.The bench of Justice Vikram Nath and Justice...
Insolvency Process Can Be Withdrawn Before Formation of CoC, NCLT Chennai Reaffirms
The National Company Law Tribunal at Chennai has recently reaffirmed that a corporate insolvency resolution process (CIRP) may be withdrawn after admission but before the Committee of Creditors (CoC) is formed, while allowing the withdrawal of insolvency proceedings against Vees Properties Limited. The tribunal relied on the Supreme Court's ruling in Glas Trust Company LLC v. BYJU...