2023 SCC Vol. 2 Part 4
Constitution of India — Arts. 14, 12, 266, 136 and 32 — State action in a matter arising from non-statutory contract: Scope
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2023 SCC Vol. 2 Part 3
Arbitration and Conciliation Act, 1996 — Ss. 11, 8 and 16 — Arbitrability — Accord and Satisfaction — Plea of claims being
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“Police cannot be accused of human rights violation at the drop of a hat”, Madras High Court quashes SHRC order
Madras High Court said that there are instances of human rights violation in police stations, but every instance of a casual police enquiry cannot be termed as human rights violation.
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‘Some contradiction and infirmities in evidence not enough to vitiate prosecution story’; Jharkhand High Court reiterates
Jharkhand High Court concurred with the Trial Court’s decision and held that the prosecution has proved the charge beyond all shadow of doubt which cannot be said to suffer from an error.
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Madras High Court examines the scope and ambit of S. 174 of CGST Act in context of Notifications issued under the repealed tax regime
The practice and procedure, both pre and post GST are consistent and involve participation of the officer of the DGGI in issuance of show cause notices.
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Madras HC upholds UGC’s rights and primacy to impose Regulations for conduct of distance education programmes
Madras High Court upheld the right of the UGC to impose Regulation for territorial jurisdiction referring to the primacy given to the UGC under the UGC Act, 1956, as well as Entry 66 of List 1 of the 7th Schedule.
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Orissa High Court rejects bail of NBFC Director in economic offence case
While rejecting the application for bail under Section 439 of CrPC, Orissa High Court said that the enormity of amount of embezzlement of Rs. 109 crores add to the worries of investors and depositors of the company.
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Allahabad High Court| Paramedical Council cannot be permitted to grant recognition to institutions providing Paramedical Courses
Paramedical Council of India cannot be permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the Act.
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No illegality associated with the establishment of Delimitation Commission for the UT of Jammu and Kashmir: Supreme Court
Supreme Court held that there is neither illegality associated with the establishment of the Delimitation Commission, nor anything illegal about the exercise of delimitation of the constituencies undertaken by it.
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Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional: Telangana High Court
The Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional and the NBFCs operating in the States of Telangana and Andhra Pradesh registered with the RBI will be excluded from the purview of these two enactments.
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Punjab and Haryana High Court orders for arrest of dismissed Punjab DSP Balwinder Singh Sekhon in Contempt Case
In a case of circulating malicious, libelous and derogatory videos pertaining to the judicial proceedings, the Punjab and Haryana High Court ordered the arrest of dismissed DSP Balwinder Singh Sekhon and another. The Court also directed global blocking of access to all the videos circulated so far.
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Provisions relating to TRAS under CERC (Ancillary Services) Regulations, 2022 to come into force on 1-4-2023
On 15-2-2023, the Central Electricity Regulatory Commission (‘CERC’) notified the date on which certain provisions of the CERC (Ancillary Services) Regulations, 2022
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Justice Jaswant Singh retires after a short tenure as Chief Justice of Tripura High Court
Justice Jaswant Singh who was appointed as the 7th Chief Justice of Tripura High Court, has had an extensive legal career spanning 30+ years and has an avid interest in sports like lawn tennis, cricket and golf.
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Paucity of funds cannot be a ground for denying payment of salaries; Manipur High Court directs the release of salary due payable for ten years
The Manipur High Court held that paucity of funds could not be a ground for denying payment of salaries and therefore, directed the release of salaries due payable for ten years along with interest at 6% per annum.
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RBI directs Asset Reconstruction Companies to reduce their management fees
On 20-2-2023, the Reserve Bank of India (‘RBI’) issued a circular on Implementation of Indian Accounting Standards (‘Ind AS’) to resolve the
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Authorities cannot be punished for inaction in exercise of power within the prescribed period in the absence of statutory bar: Supreme Court
Supreme Court said that the Allahabad High Court committed a serious error in interpreting Rule 176(4) of Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952.
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Eknath Shinde versus Uddhav Thackeray| Senior Advocate Kapil Sibal lays down issues for consideration before the Supreme Court
On the question of reference, the coram on 17-02-2023 had stated that the matter could not be decided in isolation and divorced from the facts of the case and same needed to be decided along with the merits of the case.
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Delhi High Court directs appearance of Hospital for not adhering to strict timelines under Transplantation of Human Organs Act, 1994
Strict timelines prescribed under the Transplantation of Human Organs Act, 1994, were not being adhered to in taking decisions of organ transplant, therefore, the Delhi High Court directed appearance of hospital on the next date of hearing, failing which costs would be imposed.
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Who is competent to lodge FIR as per S.4 of U.P. Prohibition of Unlawful Conversion of Religion Act?: Allahabad High Court explains
Allahabad High Court said that the impugned FIR has been lodged by the person who claims to be a victim of conversion obtained by misrepresentation, coercion and allurement, and as per Section 4(e) is the person competent to lodge the FIR.
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Delhi High Court dismisses PIL filed praying for an amendment in Delhi Prison Rules, 2018 to allow visit of the legal counsel to their clients in Delhi prisons more than twice a week
In matters of policy, the Courts do not substitute their own conclusion with the one arrived at by the Government merely because another view is possible.
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