[S. 50 PMLA] ED should at least reveal substance of allegations to summoned person, if not copy of ECIR: Allahabad HC
“Mere registration of ECIR does not make a person an accused”
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Bombay HC upholds Caste Certificate issued by District Collector, Mumbai Suburban to a winning candidate in the municipal elections
The High Court was of the view that the petition was yet another attempt by a disgruntled candidate who had lost in elections against their rival.
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‘Role of Universities in affiliated colleges only supervisory; authority to determine factum of absence and admission cancellation with College Principal’: Kerala HC
“The University’s role in private College is to the limited extent to ensure that University regulations are followed or not. The University cannot assume the role of Principal and direct the College Principal to act on their direction.”
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CCI approves Axis Bank’s subscription to 14.26 Crores equity in Max Life Insurance
The fair trade watchdog, Competition Commission of India, approved the subscription of 16.22 per cent equity shares of Max Life Insurance Company
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Not justified to deny back wages on principle ‘no work no pay’; Allahabad HC directs payment of salary to employee after acquittal in criminal case
“The principle of ‘no work no pay’ could have been attracted if petitioner had enjoyed bail in criminal case and had not been merely kept under suspension.”
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Bombay HC confirms death penalty awarded to a former murder convict, who killed his 5 family members
The High Court stated that the convict had taken innocent lives in an extremely barbaric, criminal, and heartless manner. His acts have shocked not only the judicial conscience but also the conscience of society.
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Nature of duties and functions is the determining factor in ascertaining ‘workman’ under the Industrial Disputes Act; Bombay HC reiterates
The High Court stated that dominant purpose of the employee should be considered, instead of any additional duties performed.
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Allahabad HC stays Raj Babbar’s Conviction in 1996 Polling Officers Assault Case
“It cannot be disputed that the parliamentary elections have been notified and and there cannot be any doubt so far as the urgency of the applicant is concerned and his affiliation with a political party may also not be doubted as he had been a Member of either House for five times.”
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Notification declaring land as reserved forest issued in accordance with law and published, cannot be held illegal in suit for permanent injunction: Allahabad HC
“Once the provisions of the Forest Act, 1927 have not been challenged and are valid, the operation of the same cannot be ignored.”
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[Unresolved credit score complaint] Read how Kerala HC came to rescue borrower’s right to updated CIBIL Score on closure of loan account and no subsisting loan
The petitioner sought a direction to the Trans Union Cibil Limited to update the credit score on closure of his loan account with Canara Bank.
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‘Suicide note written weeks before suicide’: Kerala HC says bickering and quarrels not instigation while quashing abetment to suicide case against wife
“The essence of the offence of abetment of suicide is not what the deceased felt but what the accused intended.”
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Cross Border Insolvency | SICC recognises and enforces foreign proceeding concerning restructuring plan for PT Garuda Indonesia
A mandatory effect operates to recognise a foreign proceeding once the requirements in Article 17 of the Third Schedule are satisfied.
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Kerala HC upholds life sentence of four convicts accused of murder in Sunil Babu Gang rivalry murder case
“Prevalent presumption is that a related witness would not testify falsely against an innocent person because they want to see the true culprits punished.”
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US must provide assurances to the UK High Court before securing WikiLeaks founder Julian Assange’s extradition: UK High Court of Justice
The Court directed US to assure that Assange is allowed to rely on the First Amendment protections and is not prejudiced at trial by reason of his nationality, and that a death penalty is not imposed.
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Prior sanction for prosecuting a public servant can be taken even at the time of conclusion of trial; Gujarat HC rejects bail of retired IAS officer
“In the recent times, there was an increase in socio economic offences in the country. These are the offences which are solely committed for personal gains. These crimes are affecting every part of the country’s economic structure and wrecking the people’s faith in the system.”
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Bombay High Court upholds grant of Rs 3 Crore compensation in domestic violence case
The High Court while upholding the quantum of compensation, agreed with the observation of the Trial Court that at the age of 55 years, the wife had lost her prospects vis-à-vis her personal life after being subjected to domestic violence from 1994-2008.
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No person shall be compelled to deposit firearms unless there is a specific written order against him: Allahabad HC
“This indicates that the judgements which have been passed by the highest court of state under Article 226 of the Constitution of India and are binding on all the authorities in the State are being conveniently overlooked and are not being followed.”
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Separate sureties need not be insisted when there are several cases against an accused: Kerala HC
“Though the surety must be a sufficient surety, the quantum of the bond to be executed cannot be made to depend on the amount involved in criminal cases. Courts must of necessity, bear in mind that a criminal proceeding is not instituted to recover the money, if any, involved in a crime”.
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Article 30 does not give power to the State Government to establish Educational Boards; Allahabad High Court holds UP Madarsa Education Act unconstitutional
“A perusal of syllabus of the Madarsa Board shows that the education provided therein is only of languages and Islam as a religion with a little touch of maths etc. The modern subjects including science are only optional and entire school education can be completed without studying modern subjects.”
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Air carriers may reimburse through vouchers instead of cash for flight cancellations: ECJ
Upon the cancellation of a flight by the air carrier, the passenger will be deemed to have consented to reimbursement through a travel voucher when they fill a form online with the said carrier, and foregone the monetary means to reimbursement provided the carrier informed the passenger of other means available to them for reimbursement.
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