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"This Bench Is Dissolved"
On the morning of 12th November 1975, with these words, Chief Justice A.N. Ray dissolved a bench of thirteen Judges that had been reviewing the seminal judgment of Kesavananda Bharati[2] – only five days after the judgment of the Supreme Court in Indira Gandhi[3] on the 7th of November 1975 – which applied the basic structure doctrine for the first time to test the validity of a constitutional amendment. It was not long ago, on 24th of April 1973 that a bench of thirteen Judges in Kesavananda...
Delhi riots | National emergency| Ex DUSU President under threat| Haq| Patanjali v. Dabur
In today's episode of Courts Today by LiveLaw, Debojeet Das brings you major judicial updates — from the Delhi riots “larger conspiracy” case and a plea to declare India's air pollution a public health emergency, to court orders on Patanjali's “dhoka” ad, transgender seats in law colleges, and Asaram's sentence suspension. Catch all the top rulings and legal developments from...
Income Tax Act | Reassessment Beyond Four Years Invalid When Original Assessment Finalised U/S 143(3): Punjab & Haryana High Court
The Punjab and Haryana High Court has held that re-assessment proceedings beyond four years are invalid when the original assessment has been finalised under Section 143(3) of the Income Tax Act. In case of an Assessment under Section 143(3) of the Income Tax Act, a scrutiny is carried out to confirm the correctness and genuineness of various claims, deductions, etc., made by the...
'Merely Changing Words Won't Help': Delhi High Court Raps Litigant For Repeatedly Filing Pleas To Strike Down BNS Sections
The Delhi High Court on Wednesday rapped a litigant for repeatedly filing petitions challenging certain provisions of the Bharatiya Nyaya Sanhita (BNS) 2023, despite dismissal of his earlier pleas seeking similar reliefs.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela pulled up Upendra Nath Dalai, who filed a writ to declare the offences of waging war...
'High Court's Discretion To Directly Hear Anticipatory Bail Pleas Can't Be Curtailed' : Kerala HC Advocates Association To Supreme Court
The Kerala High Court Advocates' Association (KHCAA) has submitted before the Supreme Court that the discretion of the High Courts in entertaining anticipatory bail petitions in the first instance cannot be curtailed.Opposing the view that Sessions Courts must be approached first for anticipatory bail, the KHCAA filed an application to get itself impleaded in the case where the Supreme Court...
Bengaluru Stampede: Relief For RCB's Nikhil Sosale, Karnataka High Court Allows Him To Leave City With Prior Intimation To Police
The Karnataka High Court on Wednesday relaxed the bail condition imposed on Nikhil Sosale, Marketing Head of IPL cricket team RCB (Royal Challengers Bengaluru) which stands embroiled in the deadly Bengaluru stampede,.Sosale was arrested on June 6 in connection with the case and was granted bail after 6 days, subject to condition of not leaving Bengaluru.He now sought relaxation of this...
2021 Sub-Inspector Recruitment In Limbo: Rajasthan High Court Asks State To Consider Their Candidature For 2025 Vacancies, Relax Age Limit
The Rajasthan High Court has asked the State to consider granting age relaxation of 4 years, instead of 3 years, as notified in the advertisement, to candidates who appeared in the 2021 Sub-Inspector Recruitments process, and had re-applied for the 2025 process.The bench of Justice Ashok Kumar Jain opined that the matter related to legitimate expectation of the youth and such candidates shall...
Appearance Of Workman Through Advocate Amounts To Deemed Consent For Employer's Legal Representation: Jharkhand High Court
In Alembic Pharmaceuticals Limited v. Jay Prakash Singh, a single-judge bench of the Jharkhand High Court comprising Justice Deepak Roshan held that 'consent' under Section 36(4) of the Industrial Disputes Act (IDA) need not be explicit and that implicit consent of the other parties is sufficient.In this case, the Labour Court had ruled in favour of the respondent-workman and debarred...
Kerala High Court Refuses To Relax Ban On Sale Of Chemical Kumkum At Sabarimala, Says Health & Ecology Over Commerce
The Kerala High Court on Wednesday (November 12) refused to modify its order banning the sale of chemical kumkum and shampoo sachets in Sabarimala.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar remarked that it is concerned about the devotees and ecology of Sabarimala, and not the commercial aspects of kuthaka holders (stall owners), who may be affected...
Karnataka High Court Directs State Bar Council To Refund Excess Enrolment Fee Collected From Advocate; Says It Cannot Collect Fee Contrary To Law
The Karnataka High Court recently directed the Karnataka State Bar Council to refund the excess enrollment fee collected contrary to the statutory enrollment fee prescribed under Section 24(1)(f) of the Advocates Act, 1961.For Context: The prescribed statutory fee is ₹750; the Karnataka State Bar Council has been collecting optional fees of ₹6800. The petitioner Advocate Ravichandragouda...
'It Has Hurt Everyone': Delhi High Court Strongly Condemns Shoe Attack On CJI Gavai, Says Appropriate Measures Must
The Delhi High Court today remarked that incidents like the one where a lawyer hurled a shoe at Chief Justice of India BR Gavai in open court must "not only be deprecated but appropriate measures need to be taken".A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela made the remark while hearing a PIL seeking guidelines to take down videos of the...
