4 March 2024


News

Del HC: No Restraint in Grant of Bail Under S. 37 of NDPS Act For Undue Delay in Completion of Trial - 29.02.2024

Delhi High Court has held that Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) does not put a restrain on granting bail to the accused for unnecessary delay in trial completion.

Tags : Delhi High Court Section 37 of NDPS Trial Completion

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Supreme Court: Stay Orders of High Court on Trials Not to Get Vacated Automatically - 29.02.2024

Supreme Court while overruling its 2018 judgement Asian Resurfacing of Road Agency Pvt. Ltd. and Ors. Vs. Central Bureau of Investigation (MANU/SC/0308/2018
), has held that a direction that all interim orders passed by High Courts will automatically expire on the lapse of time cannot be issued.

Tags : Supreme Court Stay Orders Interim Orders

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SC Criticises Centre For Not Specifying Range of Rates For Treatment in Pvt. Hospitals & Clinics - 29.02.2024

SC while criticizing Centre for not specifying the range of rates for treatment services in pvt. hospitals & clinics has directed the Centre to provide some concrete proposal for the same by next hearing, failing which Court would consider notifying the rates applicable to CGHS empanelled hospitals.

Tags : Supreme Court Private Hospitals CGHS Empanelled Hospitals

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Ker. HC: No Member of Hindu Public Can Claim to Perform Services That Only Archakas Can Perform - 29.02.2024

Kerala HC has held that no member of Hindu public could claim as part of rights protected by Article 25(2)(b) of Constitution of India, that a temple must be kept open for worship at all hours of day or that he should personally perform those services, which the Archakas alone could perform.

Tags : Kerala High Court Performing Services Archakas Article 25(2)(b) of Constitution

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SC: No Charity Being Done By State For Paying Compensation to Person Whose Land Was Acquired - 28.02.2024

Supreme Court has held that depriving a citizen of his constitutional right to use the land for 20 years and then showing graciousness by paying the compensation is not acceptable as the State is not doing any charity.

Tags : Supreme Court Compensation Land Acquisition

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All HC: Can’t Invoke Penalty Proceedings u/s 129 of UPGST Act, 2017 For Search And Seizure Of Godown - 28.02.2024

Allahabad HC has held that the provision of Section 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017(UPGST) can’t be invoked to subject a godown to search and seizure operation unmindful of the act that no action was taken or contemplated under Section 67 of the Act.

Tags : Allahabad High Court Section 129(3) of UPGST Act Search and Seizure

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Supreme Court: Distributor Not An Agent But An Independent Contractor - 01.03.2024

SC has held that legal position of a distributor is generally different from an agent. Distributor buys goods on his account and sells them in his territory and in such cases becomes an independent contractor who is free from employer’s control but an agent isn’t completely free from that control.

Tags : Supreme Court Independent Contractor Distributor

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Ker HC: In Non-Performance of Agreement, Buyer to Get Charge Over Property For Paying Purchase Price - 01.03.2024

Kerala High Court has held that where the non-performance is not due to fault of the buyer and seller, or where both are at blame/default, it cannot be said that buyer has improperly declined to accept delivery and hence he is entitled to charge over property for purchase price paid and interest.

Tags : Kerala High Court Non-Performance Charge Over Property

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Del. HC: Order of CIC Directing CBDT to Give Information Regarding Ram Janmabhoomi Trust Set Aside - 01.03.2024

An order passed by the Chief Information Commission (CIC) that directed the Central Board of Direct Taxes (CBDT) to provide information regarding Shri Ram Janmabhoomi Teerth Kshetra Trust that has been set by the Centre, has been set aside by the Delhi High Court.

Tags : Delhi High Court Chief Information Commission Central Board of Direct Taxes

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Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI’s Handbook Upheld - 01.03.2024

Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of the Election Commission of India's (ECI) Handbook for Candidates which relate to the preparation of the list of candidates validly nominated.

Tags : Telangana High Court Section 38(2) of RP Act Election Commission of India Constitutional Validity

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