Reviewing Court Must Defer To Scientific Wisdom Of Authorities, Ensure Only Procedural Compliance In Environmental Matters: Kerala High Court

The Kerala High Court on Tuesday (16 December) observed that the role of the reviewing court must be limited to ensuring the procedural compliance by the statutory authority while considering environmental litigation which involves compliance by statutory authority.The court made the observation while upholding the environmental clearance granted to the proposed...

Investigating Extraterritorial Offences – Is A Sanction Necessary?

The nexus between crime and punishment has traditionally been spatial. The universally recognised territoriality principle grants every sovereign the exclusive right to investigate and punish offences committed within its borders, a rule crystallised in India under Chapter XIII of the CrPC, 1973 (now chapter XIV in BNSS, 2023).Globalisation however, has rendered territorial boundaries porous. Enhanced mobility, digital interconnectedness, and transnational networks have normalised a phenomenon...

State Bar Council Can't Control Or Regulate District Bar Association Elections: Allahabad High Court

The Allahabad High Court recently held that the State Bar Council lacks authority to "control or regulate" the elections of Bar Associations as they are governed by their own bye-laws.A bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta thus set aside a directive issued by the Bar Council of Uttar Pradesh (respondent no.3) placing a temporary embargo on holding elections for...

Bombay High Court Rejects Bail Plea Of Eight Accused In Pune Porsche Car Hit-And-Run Case

The Bombay High Court on Tuesday rejected the bail applications of 8 accused named in the Pune Porsche hit and run case, wherein two persons were killed in the tragic accident.Single-judge Justice Shyam Chandak dismissed the bail applications of eight accused including the father of the prime accused, a juvenile, who was driving the car at the time of the incident. "There is a strong prima...

PIL In Delhi High Court Seeks Compensation Over Indigo Ticket Cancellations, Judicial Enquiry Against DGCA

A PIL has been filed before the Delhi High Court seeking “four times” compensation of tickets recently cancelled by Indigo airlines and a judicial enquiry against Director General of Civil Aviation (DGCA) for alleged lapses. The matter will be heard tomorrow by a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela. The plea has been filed by Centre...

Supreme Court Seeks CBI's Report On Defence Company's Alleged Links To AgustaWestland

The Supreme Court today sought a response regarding the CBI investigation carried out on the alleged involvement of Defsys Solution Limited, a leading defence equipment manufacturer, in the AgustaWestland Chopper Scam.The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a plea filed by the Union challenging the decision of the Delhi High Court, which set aside suspension...

NCLT Mumbai Approves Ashdan Properties' Rs 900 Crore Plan To Revive Rolta India

The National Company Law Tribunal (NCLT) at Mumbai has approved a Rs 900 crore resolution plan submitted by Ashdan Properties Pvt Ltd to revive debt-laden Rolta India Ltd, holding that once a plan complies with insolvency law, the tribunal cannot interfere with the commercial decisions taken by lenders. A bench of Judicial Member Sushil Mahadeorao Kochey and Technical Member Prabhat...

Rajasthan HC Refuses To Send Woman Back To Jail Despite Earlier Sentence Reduction Being Based On Erroneous Assumption Of Period Served

Rajasthan High Court denied sending a woman back to jail whose punishment for the offence of culpable homicide not amounting to murder was reduced by the division court 15 years ago based on an erroneous assumption that she was had already undergone a period of almost 8 years in jail, when in actuality she had been in prison for only around 2 years.The division bench of Justice Farjand Ali...

IBC | All Property, Including Alleged Benami Assets, Shielded From Action Over Pre-Resolution Offences: Madras High Court

The Madras High Court has recently held that once a resolution plan is approved under the Insolvency and Bankruptcy Code, authorities cannot proceed against any property standing in the name of a corporate debtor for offences committed before the insolvency process, even if such property is alleged to be held benami. A single bench of Justice G R Swaminathan ruled that Section 32A(2) of...

Consumer Commission Holds Indian Oil–Adani Gas Guilty of Unfair Trade Practice Over Retrospective Billing

The District Consumer Disputes Redressal Commission II, U.T. Chandigarh , comprising President Amrinder Singh Sidhu and Member B.M. Sharma, has held Indian Oil–Adani Gas Private Limited guilty of deficiency in service and unfair trade practice for issuing an “astronomical” retrospective PNG bill for nearly five years without any technical proof of a faulty meter.Facts of the...

Cryptic Show Cause Notice Without Factual Details Invalidates GST Registration Cancellation: Gauhati High Court

The Gauhati High Court held that a GST registration cannot be cancelled on the basis of a cryptic show cause notice, which merely quotes statutory provisions without disclosing the factual grounds. Justice Sanjay Kumar Medhi noted that apart from stating the provisions of Section 29(2)(e) of the CGST Act, there are no facts or any details stated in the show cause notice. In the...

Punjab & Haryana High Court Asks DGP To Explain Why FIR Was Not Lodged Against Policemen Who Allegedly Assaulted Lawyer

The Punjab and Haryana High Court on Tuesday took suo motu cognisance of the alleged assault on an advocate, Amit, by Haryana Police personnel in plainclothes in Chandigarh neighbouring Nayagaon, Punjab on November 30. The Punjab & Haryana High Court Bar Association had resolved to go on strike from December 15 due to the undue delay in the lodging of FIR.The Court noted that an incident...