ALLAHABAD HIGH COURT
Transporting cows and their progeny within UP is not a violation of S. 5-A of U.P. Prevention of Cow Slaughter Act: Allahabad HC
In a writ petition filed against the order dated 14-3-2023 passed by District Magistrate, wherein the Court confiscated the petitioner’s vehicle, and the order dated 15-6-2023, passed by the Commissioner, wherein the appeal filed by the petitioner against the order dated 14-3-2023 has been rejected, Karunesh Singh Pawar,J. has said that it is evident that the cow and its progeny were not being transported from within the State to outside State, therefore, the provisions of section 5-A of the Act are not attracted. Consequently, the show cause notice issued by the District Magistrate, confiscation order dated 14-3-2023 and the appellate order dated 15-6-2023 are bad in law and are set aside. Further, it directed the opposite parties to release the vehicle forthwith in accordance with law. Read more
Allahabad HC directs UP Congress Committee to clear UPSRTC dues of Rs. 266 Lakhs with 5% interest within 3 months
In a writ petition filed by UP Congress Committee (‘UPCC’), a national political party challenging the recovery notice dated 10-11-1998 issued by Tehsildar, the division bench of Vivek Chaudhary and Manish Kumar, JJ. has directed UPCC to pay UP State Road Transport Corporation (‘UPSRTC’) the entire due amount of Rs. 266 Lakhs along with an interest of 5% from the date it is due, within a period of three months. Read more
BOMBAY HIGH COURT
Know why Bombay High Court granted bail to alleged Sanatan Sanstha member in UAPA Case
In an appeal seeking bail on ground of parity, merits and long incarceration for matter involving offences punishable under Sections 4 and 5 of the Explosive Substances Act, 1908, Section 9-B of Explosives Act, 1884, Section 120-B of Penal Code, 1860 (‘IPC’) and Sections 16, 18 and 20 of Unlawful Activities (Prevention) Act, 1967 (‘UAPA’), the Division Bench of Revati Mohite Dere* and Gauri Godse, JJ. enlarged the accused on bail considering that the recovery made from house and godown were not under his name, and that the trial may take long while he had already been in custody since 5 years. Read more
CALCUTTA HIGH COURT
Calcutta High Court directs rectification of employee’s re-designation and retiral benefit calculation on violation of Article 14 of Constitution of India
In a case challenging prejudiced actions of the Damodar Valley Corporation (the Corporation) in terms of re-designation and re-fixation of retiral benefits, a single-judge bench comprising of Partha Sarathi Chatterjee,* J., held that the petitioner had been prejudiced by the non-communication of her final grading in APARs, which resulted in the deferment of her re-designations and the reduction of her salary. The Court that held the corporation’s actions were arbitrary and violated Article 14 of the Constitution of India. Read more
Calcutta High Court orders preliminary assessment of Juvenile Offender’s mental and physical capacity to commit offence
In a case involving a challenge to the judgment and order of the Additional Sessions Judge regarding a preliminary assessment conducted by the Juvenile Justice Board (JJB), a single-judge bench comprising of Bibhas Ranjan De,* J., set aside both the orders passed by the Additional Sessions Judge and the order of the JJB. The Court directed the JJB to conduct a preliminary assessment strictly in compliance with the provisions of Section 15 of the JJ Act and to pass an order within the meaning of Section 18(3) of the JJ Act. Read more
Magistrate duty bound to scrutinise complaint under Section 200 of CrPC, even if lodged by Public Servant: Calcutta High Court
In an application filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking the quashing of proceedings in complaint case pending before the Chief Judicial Magistrate, as well as all orders passed in that proceeding, a single-judge bench comprising of Ajoy Kumar Mukherjee,* J., held that the impugned orders passed by the Chief Judicial Magistrate did not reflect the application of judicial mind to determine whether there were sufficient grounds for proceeding and issuing process and thereby set aside the same. Read more
“Life Imprisonment for remainder of natural life a more humane substitute to address recidivism concerns”; Calcutta HC commutes Death Sentence in Rape and Murder case.
In a case involving multiple appeals and death references against a judgment and order passed by the Additional District & Sessions Judge where the appellants are convicted for heinous crimes of rape and murder committed against the victim, a division bench comprising of Ajay Kumar Gupta and Joymalya Bagchi,* JJ., held that the State had failed to prove the conspiracy and shared common intention of the appellants beyond a reasonable doubt, and the death penalty was unwarranted. The Court also stated that, “Alternative punishment of life imprisonment for the remainder of natural life is a more humane substitute that adequately addresses societal concerns of recidivism.”. Read more
College authorities must issue NOC for Transfer Requests; Suitability not their Domain: Calcutta High Court
In a case seeking directions to the college authorities to issue No Objection Certificate (NOC), which is a prerequisite for the transfer, a single-judge bench comprising of Subhendu Samanta,* J., held that the petitioner’s prayer for a transfer was justified, and the college authorities’ delay in responding to the NOC request was arbitrary because college authorities were not empowered to consider the suitability of the transfer; this authority rested with the State Directorate of Public Instruction. Read more
West Bengal post-Panchayat Polls violence | Calcutta High Court directs investigating officer to expedite investigation
In a case where the petitioner sought court’s intervention to ensure a proper investigation into a politically motivated attack on them and their family, a single-judge bench comprising of Jay Sengupta,* J., ordered the investigating officer to expedite the investigation and directed the continuation of certain facilities for the petitioner’s benefit. Read more
“No violation of Kolkata Municipal Corporation Building Rules, 2009”; Calcutta High Court refuses to quash sanctioned building plan
In a writ petition seeking to challenge the sanction of the building plan due the unauthorized and illegal construction, a single-judge bench comprising of Partha Sarathi Chatterjee,* J., held that the building plan was approved in compliance with the Kolkata Municipal Corporation Building Rules, 2009 (Building Rules), and the petitioner had the legal standing to challenge the construction. Read more
Calcutta High Court dismisses challenge to appointment of Fair Price Shop dealer on meeting of all eligibility criteria
In a writ petition seeking the quashment of the private respondent’s appointment as an Fair Price Shop (FPS) dealer and a direction to the state respondents to issue a fresh notification for the vacancy, and other related reliefs, a single-judge bench comprising of Bibek Chaudhuri,* J., upheld the appointment, on finding that the private respondent had met all eligibility criteria for the FPS dealership, and the petitioner’s objections were unfounded. Read more
Calcutta High Court grants permission to hold peaceful ‘Religious Jalsha’ subject to maintenance of certain norms
In a writ petition revolving around seeking direction against respondent authorities to allow the petitioners to organise a religious jalsha, a single-judge bench comprising of Jay Sengupta,* J., disposed of the writ petition with granting permission for the religious program under specified conditions to ensure the safety and peace of the event. Read more
Doctrine of Estoppel by Election inapplicable when Section 79 of the RERA Act clearly ousts civil courts’ jurisdiction: Calcutta High Court
In a case revolving around an application filed under Article 227 of the Constitution of India, challenging order passed by District Judge of 24 Parganas, Alipore, rejecting the appellants’ prayer for ad interim injunction to prevent the respondents from creating any third-party interests in the disputed property, a single-judge bench comprising of Siddhartha Roy Chowdhury,* J., held that the suit filed by the appellants is not maintainable in light of Section 79 of the Real Estate (Regulation and Development) Act, 2016 (RERA Act), which bars the jurisdiction of civil courts in matters within the purview of the RERA Act. Read more
Anganwari helper post| Calcutta High Court upholds merit-based appointment of candidate belonging to Scheduled Caste community against unreserved vacancy
In a case challenging appointment of a candidate ranked 17 instead of petitioner who ranked 11, a single-judge bench comprising of Hiranmay Bhattacharyya,* J., held that the writ petitioner has failed to demonstrate that the respondent authorities have acted de hors the statutory provisions prevailing in the State of West Bengal with regard to reservation policy or that the authorities have acted illegally or in any arbitrary manner by appointing a Scheduled Caste candidate. Read more
Calcutta High Court dismisses revisional application; leaves property distinction determination to Trial Court
In a revisional application challenging the trial court’s order which allowed the application for substitution of legal representative of the deceased plaintiff based on registered Will, a single-judge bench comprising of Shampa Sarkar, J. opined that an Executor has the authority to represent the estate of the deceased, and the onus is the opposite party-respondent to prove his right to maintain the suit. Read more
SSRB’s refusal to grant premature release to convicts incarcerated for more than 22 years unjust and unlawful: Calcutta High Court
In a case related to refusal of request for premature release by the convicts who have been incarcerated for more than 22 years for offence of gang rape, a single-judge bench comprising of Sabyasachi Bhattacharyya,* J.., held that State Sentence Review Board (SSRB) had failed to provide specific reasons for their decision to refuse the requests, and their concerns about the impact of the crime on society were unsubstantiated. Read more
West Bengal Panchayat Elections 2023 | Calcutta High Court rejects recounting process as non-compliant with Law; upholds initial counting result
In a case challenging the vote recounting process in West Bengal Panchayat General Elections, 2023 after declaration of result, a single-judge bench comprising of Amrita Sinha,* J., held that the recounting did not comply with the prescribed law and that it was conducted in an unfair and biased manner. The Court further held that the result of the initial counting should be treated as the final declaration of the result. Read more
Detention not unlawful or illegal; Calcutta High Court rejects request for compensation and reinvestigation following acquittal
In a petition seeking compensation and a reinvestigation following the acquittal of the petitioners in a criminal case, a single-judge bench comprising of Hiranmay Bhattacharyya,* J., held that the detention was lawful and not illegal, leading to the dismissal of the petitioners’ claims for compensation and reinvestigation. Read more
DELHI HIGH COURT
Delhi High Court | Child born from the sapinda relationship legitimate; Declares marriage between parties null and void
An appeal was filed by the appellant under Section 28 of the Hindu Marriage Act, 1995 read with Sections 11 and 23 of Hindu Marriage Act seeking to set aside/quashing the judgment and decree of nullity dated 23-10-2007 in HMA No. 396 of 2003 whereby marriage between the parties has been declared null and void. Suresh Kumar Kait, J., upheld the impugned order and held that the marriage between the parties was null and void having fallen within the category of sapinda, however, there is no dispute to the legitimacy of the child. Read more
Delhi High Court upholds constitutional validity of Rule 3, 5, 6 and 8 of Animal Birth Control Rules, 2023
A petition was filed by the petitioner challenging the constitutional validity of Rules 3, 5, 6, and 8 of the Animal Birth Control Rules, 2023 promulgated by the Ministry of Fisheries, Animal Husbandry and Dairying, Government of India [‘ABC Rules, 2023’] due to purportedly arbitrary exclusion of veterinary doctors and officers from the process of animal birth control, including immunization and vaccination of animals. A division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, J., upheld the constitutional validity of the impugned Rules and held that any entity, be it a society, trust, cooperative society, gaushala, LLP, partnership, or a company, that is duly registered under the appropriate laws, can be considered as an AWO under the ambit of ABC Rules, 2023. Read more
Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court
In a case wherein, an application was filed by the plaintiff under Order 39 Rule 2-A of the Civil Procedure Code, 1908 (‘CPC’), C. Hari Shankar, J.* opined that there had to be strict and irrefutable proof of disobedience for punitive action to follow under Order 39 Rule 2A of the CPC and since there was no conclusive proof against Defendant 1, the present case did not justify the conviction and punishment of Defendant 1 for violating the directions contained in order dated 08-07-2021. Read more
‘Easy for sellers to proliferate images and dupe customers’; Delhi HC grants injunction to Tibra Collection, a seller on Meesho, against its garments copyright infringement
In a case wherein the plaintiff, Tibra Collection filed a suit for copyright infringement, passing off and delivery up against the defendants, who were advertising, publishing and offering for sale the garments, which were a complete copy of the plaintiff’s garments and were also misusing the photographs and images in which the plaintiff owns rights, Prathiba M. Singh, J., after considering the complete imitation, which had been indulged by Defendants 2 to 6 and unknown defendants, opined that the plaintiff had made out a case for grant of an ex-parte interim injunction. The Court restrained Defendants 2 to 6, who were listing their products on Meesho.com platform, from reproducing, copying, publishing, and imitating any of the designs of the plaintiff’s clothes or even reproducing the images including the photographs of the plaintiff. Read more
Revealing CBI’s enquiry report will impede the investigation process, thus exempted from disclosure under RTI Act, 2005: Delhi High Court
In a case wherein, the petitioner filed a petition under Article 226 of the Constitution, aggrieved by the order passed by Central Information Commission, which upheld Central Public Information Officer (‘CPIO’) decision, whereby the information sought by the petitioner under Right to Information Act, 2005 (‘RTI Act’) was denied, Subramonium Prasad, J.* opined that Section 8(1)(h) of the RTI Act exempts such information which will impede the process of investigation, and, if the copy of entire report of CBI, fell into the hands of other offenders, it will certainly impede an ongoing investigation process and accordingly dismissed the writ petition. Read more
‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy
In a case wherein, a writ petition was filed under Article 226 of the Constitution aggrieved by denial of maternity benefits and termination of petitioner who was working as contractual employee, Chandra Dhari Singh, J.* opined that the Maternity Benefit Act, 1961 (‘the Act’) created a fiction in the petitioner’s favour to be treated as the employee of Respondent 3 for giving her maternity benefits. The Court further opined that as per Section 5 of the Act, the petitioner was entitled to the maternity benefits, despite the fact that her contract ended during her pregnancy and upon fulfilment of the conditions specified in Section 5(2) of the Act, the maternity benefits extended beyond the contractual period of the petitioner’s employment. Read more
‘Staff nurses working on contract basis cannot be denied adequate compensation as is being received by regular staff’: Delhi High Court directs AIIMS to pay wages along with dearness allowance
In a case wherein the petitioners claim before the Central Administrative Tribunal, Principal Bench, New Delhi (‘Tribunal’) was to seek the same pay and benefits as were being paid to regular staff nurses working in the respondent, All India Institute of Medical Sciences (‘AIIMS’), the Division Bench of V. Kameswar Rao* and Anoop Kumar Mendiratta, JJ., opined that as there was complete similitude in the work done by the petitioners and other staff nurses working on regular basis, therefore, the petitioners would be entitled to wages in the minimum of the pay scale applicable to regular employees of the respondent, working as staff nurses with Dearness Allowance. Read more
[Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023] Delhi HC suggests Select Committee to replace “shall” with “may” and “bail or bail bond” with “personal bond with or without surety”
In a case wherein the issue raised before this Court was that in case an accused was acquitted of the charges tried against him, however, on acquittal, he had to furnish personal bond with surety bond as per Section 437-A of the Criminal Procedure Code, 1973 (‘CrPC’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., noted that though Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 was taking care of this issue pending before this Court and Bharatiya Nagarik Suraksha Sanhita, 2023 was under consideration before the Select Committee and were already put up before Parliament, the Court opined that it might take some time for the Criminal Laws to be modified, therefore, in the meanwhile, the trial courts were directed that in cases relating to Section 437-A of the CrPC, the word “shall” must be read as “may” and the word “bail or bail bond” must be read as “personal bond with or without surety”. Thus, the Court suggested that the Select Committee should replace the word “shall” with “may” and replace the word “bail or bail bond” with “personal bond with or without surety”. Read more
Do not file petitions without prior communication or representation to the relevant State Authorities: Delhi High Court
A PIL was filed by the petitioner, a member of the legal fraternity, raising concerns on behalf of citizens residing in the National Capital Territory (NCT) of Delhi based upon the critical findings outlined in a performance audit report prepared by Comptroller and Auditor General (CAG), highlighting that the Directorate of AYUSH, Government of NCT of Delhi, has failed to perform its functions effectively, leading to deficiencies and irregularities in the State healthcare system. A division bench of Satish Chandra Sharma, CJ., and Sanjeev Narula, J., dismissed petition for not being represented before relevant state authorities and directed the GNCTD to amplify the utilization of alternative medical systems in healthcare, and bolster research and education in these domains through strategic planning and efficient execution of AYUSH schemes and initiatives. Read more
Delhi High Court directs Rs 50,000 as compensation to be drawn from salaries of errant policemen for illegal detention for half an hour
A petition was filed by the petitioner seeking compensation for his illegal arrest and detention in the police lock-up on 02-09-2022 at Police Station Badarpur. Subramonium Prasad, J., held that even though the illegal detention was for half an hour, it is directed that Rs. 50,000 to be drawn from the salaries of the errant police officials and paid as compensation to the petitioner. Read more
Delhi High Court directs CIC to provide details of contract entered by UIDAI with external organsations for handling grievance redressal
A petition was filed by the petitioner challenging the Order dated 20-03-2023 passed by the Central Information Commission (CIC) to the extent that it has denied access to the copy of agreements entered by the Unique Identification Authority of India (UIDAI) with the external organization for handling grievance redressal on its behalf. Subramonium Prasad, J., held that the entire contract cannot be a secret and directed that the details sought can be redacted from the agreement and the copies of the agreement, after redacting such portions, can be provided to the petitioner. Read more
False and frivolous allegations against spouse without any evidence amounts to cruelty: Delhi High Court upholds divorce
In the instant case, an appeal was filed under Section 19 of the Family Courts Act, 1984 against the judgment dated 09-05-2023, granting divorce under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (‘the Act’), the Division Bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ.*, opined that in the present case, the wife had not been able to justify her claim for separate residence and also had not been able to prove her claim of dowry demands by the husband and his family. The Court further opined making such false and frivolous allegations which were not even supported by any evidence led to the conclusion that the husband was subject to cruelty. Thus, the Court concurred with the findings of the Family Court and upheld the divorce on the ground of cruelty and desertion under Sections 13(1)(ia) and 13(ib) of the Act. Read more
Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment: Delhi HC
In a case wherein, the petition was filed under Section 9 of the Arbitration and Conciliation Act, 1996 (‘A&C Act’), Yashwant Verma J.* opined that the interim payout which was sought went beyond the contours of the power conferred under Section 9 of the A&C Act and the prayer for mandatory injunction requiring the respondent to pay certain sums to the petitioner was beyond the Court’s obligation to secure the amount in dispute, as it formed the subject matter of the arbitration. Thus, the Court dismissed the petition and opined that since the Arbitral Tribunal had already been constituted, it was open for the parties to proceed before the Arbitral Tribunal. Read more
Delhi High Court orders to take down YouTube videos which alleged that consumption of Pulse candy causes cancer
In a case wherein the plaintiff, Dharampal Satyapal Foods Ltd. was the manufacturer of the popular candy, “Pulse” and had been aggrieved by the video uploaded by the defendants that contained false, distasteful, defamatory, and objectionable allegations against the product that it caused cancer, Prathiba M. Singh, J., ordered that all impugned videos shall be taken down, although if the defendants wish to upload another video about the candy, without sensationalizing the same based on third party, and based on scientifically verifiable test reports, then the defendants were free to do so. Read more
Delhi High Court grants permanent injunction to Triumphant Institute of Management Education (P) Ltd. for its mark “T.I.M.E.” against “T.I.M.E. Tirupati”
In an instant case wherein, the plaintiff, Triumphant Institute of Management Education (P) Ltd. approached the Court seeking a permanent injunction against the defendants as they were using an identical acronym “T.I.M.E.”, along with “Tirupati”, C. Hari Shankar, J.*, passed a decree of permanent injunction restraining the defendants as well as all others acting on their behalf from providing any services, advertising and/or promoting or using any mark which includes, as part thereof, “T.I.M.E” or from using the impugned logo , for providing coaching or educational services or any services which were allied or cognate. Read more
‘Well within boundaries of permissible comparative advertising’; Delhi High Court refuses to injunct commercial of Puro Healthy Salt in a disparagement suit filed by Tata
In a case wherein the plaintiffs, Tata Sons (P) Ltd. and Tata Consumer Products Ltd. (collectively ‘Tata’) were aggrieved by a commercial aired (‘impugned commercial’) by Defendant 1, Puro Wellness (P) Ltd. (‘Puro’), of its product “Puro Healthy Salt”, which was essentially rock salt and was pink in colour and Tata perceived the commercial to be disparaging white salt in general, C. Hari Shankar, J.*, observed that Puro’s commercial emphasized the natural character of Puro Healthy Salt, owing to its not being bleached, being free of any added chemicals and possessing naturally occurring iodine, as features which rendered it a healthy alternative. The Court held that it could not be said that the Puro’s impugned commercial disparages white salt even generically, much less could it be said that it disparages Tata’s White Salt particularly. The Court further held that Tata had failed to make out any prima facie case justifying interference with continued broadcasting of the impugned commercial. Read more
Delhi HC directs Hotel Corporation of India to pay its retired unionised employees, arrears of wage revision, on a par with currently employed unionized employees
In a case wherein a batch of writ petitions were filed which pertained to unionised workers of Respondent 1, Hotel Corporation of India (‘HCI’), seeking disbursement of the wage revision arrears and the consequential benefits thereof to the unionised (retired) workers of HCI in accordance with the Memorandum of Understanding (‘MOU’) and the Award passed by the Central Government Industrial Tribunal (‘Tribunal’), Chandra Dhari Singh, J.*, opined that HCI had acted in contravention with Article 14 of the Constitution by creating such wrongful classification between the retired unionised workers and the unionised employees who were currently employed with HCI. Thus, the Court held that HCI shall pay the petitioners, their arrears of wage revision on a par with the currently employed unionized workmen. Read more
JAMMU AND KASHMIR AND LADAKH HIGH COURT
Statutory substantive right to appeal cannot remain nugatory by giving undue importance to procedural law: J&K and Ladakh HC
In the instant petition wherein the Court’s supervisory jurisdiction under Art. 227 of the Constitution was invoked to consider the issue that whether right to appeal is lost by a party or denied thereof by the appellate court in circumstances where such party fails to file a certified copy of the order appealed against; the Bench of Javed Iqbal Wani, J.*, stated that the statutory substantive right of appeal vested in a party cannot remain illusory or nugatory by giving undue importance to procedural law and that the breach of the procedural rule cannot be said to take away a litigant’s right to file appeal when a statute confers such a right specifically. The Court further pointed out that the object of the Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases. “It has been also the consistent position of law that Courts do not exist for the sake of the discipline but for the sake of deciding matters in controversy on merits effectually and conclusively”. Read more
JHARKHAND HIGH COURT
Jharkhand High Court directs State to provide disabled friendly infrastructure in Courts, Judicial or Quasi-Judicial Forums
In a Public Interest Litigation (‘PIL’) seeking issuance of writ of mandamus directing authorities to provide at least two wheelchairs in every Court, Judicial or Quasi-Judicial Forums in the State along with appropriate infrastructure for differently abled persons in accordance with the provisions of Section 12 and 45 of Rights of Persons with Disabilities Act, 2016, the Division Bench of Sanjaya Kumar Mishra, C.J.* and Rajesh Shankar, J. directed the State authorities to provide aforesaid facilities within 6 months. Read more
MADRAS HIGH COURT
Explained| Madras High Court verdict on scope of Sections 3(d) and 3(e) of Patents Act, 1970
In an appeal filed under Section 117-A of the Patents Act, 1970 to pass an order setting aside the impugned order of the Assistant Controller of Patents & Designs and pass an order granting a patent on Indian patent application, SenthilKumar Ramamoorthy, J. while partly setting aside the impugned order as regards the rejection of claims 1-7, held that the expression “known substance” in Section 3(d) also applies to biochemical substances. Further, it held that Section 3(e) is not restricted to “known” ingredients. The applicant has to justify that the composition is more than the sum of its parts to overcome the hurdle of section 3(e). Read more
Can retired BSF personnel be treated as ‘Ex-Servicemen’ for benefits of purchase and consumption of liquor in Tamil Nadu? Madras HC answers
In a petition sought by the Border Security Force -Ex-Servicemen Welfare Association of Tamil Nadu (petitioner association), for treating them as ‘Ex-Servicemen’ for the benefits of purchase and consumption of liquor in the State of Tamil Nadu, the division bench of Sanjay V. Gangapurwala and P.D. Audikesavalu, JJ. held that it does not appear to be any infirmity in the impugned action of the State in declining to treat the members of petitioner association, who are retired personnel of the Border Security Force (‘BSF’), as Ex-Servicemen for the purpose of extending the benefit of exemption and concession granted in consumption of liquor in the State of Tamil Nadu. Read more
ORISSA HIGH COURT
‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment
In a jail criminal appeal against the Judgment of Sessions Judge, whereby, the convict was sentenced to life imprisonment for murdering his wife and three daughters, the division Bench of B.P Routray and Chittaranjan Dash, JJ. dismissed the appeal and upheld the conviction judgment. Read more
PATNA HIGH COURT
‘A little respect and a lot more dignity in a dead body’s disposal is required’; Patna High Court takes suo motu cognizance of Bihar Police dumping accident victim’s body in canal
The Division Bench of K. Vinod Chandran, C.J., and Rajiv Roy, J., took suo motu cognizance of a news report published on a web portal on 08-10-2023, which highlighted the incident where the Bihar Police had dumped accident victim’s dead body in a canal in Muzaffarpur. Read more
RAJASTHAN HIGH COURT
Kurkure and Cheetos classifiable as ‘namkeen’ and not ‘snacks’ under Rajasthan Value Added Tax, 2003: Rajasthan High Court
In a case wherein, the Sales Tax Revisions was filed under Section 84 of the Rajasthan Value Added Tax Act, 2003 (’RVAT Act’), Sameer Jain, J. opined that ‘Kurkure’ and ‘Cheetos’ were namkeen and not snacks. The Court further opined that the respondent had failed to establish that ‘Kurkure’ and ‘Cheetos’ fell under general, residual or orphan entry and not the specific entry under RVAT Act and accordingly, allowed the Sales Tax Revisions. Read more
TELANGANA HIGH COURT
Telangana High Court directs Bar Council of India to examine the eligibility of final year law students for AIBE
In a case wherein a writ petition was filed under Article 226 of the Constitution before this Court seeking a direction to Respondent 1, Bar Council of India (‘BCI’) to accept the applications of final year LLB students for the AIBE-18 examination, C.V. Bhaskar Reddy, J., directed BCI to examine the representation of the petitioner for the AIBE-18 examination. Read more
