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CAT, Ahmedabad has no jurisdiction to dismiss show cause notice in fake encounter case; Gujarat HC rejects former IPS officer Rajnish Rai’s plea

The Court also said that the CAT, Ahmedabad, did not have jurisdiction under rule 6(1) of Central Administrative Tribunal (Procedure) Rules, 1987, as the show cause notice was issued from New Delhi.

Case Briefs Supreme Court

Last seen evidence does not lead to irrevocable conclusion without complete chain of evidence establishing guilt; SC acquits convict in a 23-year-old murder case

The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.

Case Briefs Supreme Court

Absence of specific guidelines in ‘land grabbing cases’ may bestow police officers with unguided powers; Supreme Court suggests TN to enact legislation

The Supreme Court observed that if the State Government is so conscious or interested in taking action against land grabbers, it is the discretion of the State Government to bring or better the appropriate legislation with the definition of ‘land grabber’, ‘land grabbing’ and ‘land grabbing cases’.

Case Briefs Supreme Court

Supreme Court | ‘Pre-import condition’ in Foreign Trade Policy not arbitrary; must be fulfilled to avail tax exemption benefits

The Court said that to avail exemption benefits, two conditions were to be fulfilled, one, – that the exports made under the Advance Authorizations, were physical exports in nature, and the other, that there must be fulfillment of ‘pre-import condition’.

Case Briefs High Courts

Explained: Manipur High Court’s Judgment that triggered violence in Manipur over inclusion of Meitei Community in Scheduled Tribe list

The Court directed the Manipur Government to consider the inclusion of the Meitei community in the Scheduled Tribe list within a period four weeks.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Ludhiana Gas Leak]: NGT orders 20 lakhs compensation to heirs of 11 deceased; constitutes fact-finding Committee

The Tribunal constituted an eight-member fact-finding Joint Committee about the incident headed by Chairman of the State Pollution Control Board, Punjab.

Case Briefs Supreme Court

SC: Development Authorities cannot levy charges other than provided in Section 15(2-A) of U.P Urban Act, 1973; such levy is hit by Article 265 of Constitution

The Supreme Court said that the State can permit the Development Authorities to levy only those development charges which are mentioned in the Section 15(2-A) of the Uttar Pradesh Urban Planning and Development Act, 1973.

Hot Off The Press News

SC disposes of petition against BJP MP Brij Bhushan after Delhi Police registers FIR in sexual harassment case

The Court said that the purpose of the petition was to register FIR against Brij Bhushan, which has been served.

Case Briefs High Courts

Gujarat HC directs Surat Municipal Corporation to rehabilitate slum dwellers under Rehabilitation and Redevelopment of Slums, 2010

The Court ordered the authorities to not remove the slum dwellers from the land till the representation of the slum dwellers is decided and pass an appropriate order by 09-06-2023.

Case Briefs Supreme Court

[Bilkis Bano Case]: SC rebukes convicts for attempting to avoid Bench from hearing case; Government agrees to produce remission records of premature released convicts

The Court noted that the convicts have been making attempts to avoid the Bench from hearing the case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT denies Taxi Union’s plea to increase number of vehicles permitted to Rohtang Pass

The opening of the Atal Tunnel or availability of parking space is not sufficient ground to increase the number of vehicles allowed to Rohtang Pass.

chargesheet without complete investigation

Case Briefs Supreme Court

Right to default bail under S. 167(2) CrPC cannot be denied by filing chargesheet without completing investigation: Supreme Court

The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.

Case Briefs High Courts

Entitlement of ITC after cancellation of GST registration can be considered during revocation: Rajasthan High Court

Rajasthan High Court: The petitioner challenged the order passed by the Appellate Authority, Commercial Tax, Jodhpur wherein the GST registration of the

supreme court constitution bench april 2023

Legal RoundUp Supreme Court Roundups

Supreme Court Constitution/5-Judge Bench Roundup | The momentous same-sex marriage hearing dominates the month of April 2023; Big ruling on unstamped arbitration agreement

Don’t miss out on the 5-Judge Bench verdict pertaining to non-admissibility of an unstamped arbitration agreement and Constitution Bench hearing pertaining to the petitions seeking legal recognition of same sex marriage under several Acts, including the SMA, 1954, the FMA, 1969 and HMA, 1955.

Op Eds OP. ED.

Preserving the Lineage: Rights Concerning the Deceased’s Semen

by Tvesha Gupta† and Aryaman††

Case Briefs High Courts

Litigation should not be terminated by default of either of the parties; Andhra Pradesh High Court condones a delay of 339 days

Ordinarily the litigation should not be terminated by default either of the plaintiff or the defendant. The cause of justice does require that the adjudication be done on merits.

Case Briefs Supreme Court

Explained| Why Supreme Court quashed forgery, cheating case against late Prakash Singh Badal and son Sukhbir

The Supreme Court’s decision shall not affect the pending proceedings before the High Court of Delhi against the order of the ECI as the Court did not express anything on the Constitution of the Shiromani Akali Dal

Law made Easy

Establishment and Constitution of Supreme Court under Article 124 of the Constitution

The makers of the Constitution of India advocated for Separation of Power and demarcated the limits, roles and functions of every organ

Case Briefs Supreme Court

SC’s direction to Uttarakhand Public Service Commission to provide scribe helps Judicial Service aspirant with writer’s cramp in appearing Preliminary Examination

The Court noted that the All-India Institute of Medical Sciences had issued a certificate to the petitioner indicating that he is suffering with writers’ cramp.

Case Briefs Foreign Courts

Quebec’s ban on possession and cultivation of cannabis for personal purposes held constitutionally valid: Canada SC

The prohibitions set out in the Cannabis Regulation Act, 2018 are a means of serving the health and security of the public.