Legal Update as 10.12.2022

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  1. MEGHALAYA HC – AIDED COLLEGES TEACHERS CAN PARTICIPATE IN ELECTION, BUT NOT BEARERS OF OFFICE OF PROFIT – According to the Meghalaya High Court, staff of educational institutions do not occupy an Office of Profit, and as long as they meet the necessary requirements, they are not prohibited from running for office or holding elections.
    SHRI BRIGHTSTARWELL MARBANIANG AND OTHERS V. STATE OF MEGHALAYA AND OTHERS
  1. KER HC – NON-COGNIZABLE OFFENSE INVESTIGATION WITHOUT MAGISTRATE’S ORDER RESULT IN ENTIRE PROBE FAULT – According to the Kerala High Court, Section 155(2) of the Criminal Procedure Code forbids police from starting an investigation without a magistrate’s approval in situations where only non-cognizable offences are alleged, and any violations of the provision render the investigations unlawful from the outset.
    HANEEFA AND ORS. V. STATE OF KERALA AND ANR.
  1. BOM HC – BMC Officers Will Be Held Accountable for Unexpected Incidents Caused by Open Manholes – The Bombay High Court ruled that the BMC will be held liable if there is an unfortunate incident in Mumbai as a result of open manholes after hearing a contempt motion brought by attorney Ruju Thakker regarding the poor state of the roads and exposed manholes throughout the city.
    RUJU THAKKER V. STATE OF MAHARASHTRA
  1. DEL HC – The Delhi High Court quashes the complaint against a law student who appeared in court as a proxy counsel. – An FIR filed against a first-year law student who appeared before a Metropolitan Magistrate as a proxy counsel on instructions from a lawyer for taking adjournment in two cases has been cancelled by the Delhi High Court.
    SHWETA v. GNCTD AND ANR
  1. DELHI HC – HIGH COURT CANNOT REVIEW ORDER ENFORCED UNDER SECTION 11 OF A&C ACT – According to the Delhi High Court, as the 1996 Arbitration and Conciliation Act does not include a review clause, the High Court is not permitted to review an order made according to Section 11 of that Act.
    KUSH RAJ BHATIA V. M/S DLF POWER & SERVICES LTD. ARB. P 869/2022
  1. SC – Since oxygen is not a raw material, the CONCESSIONAL SALES TAX IS NOT APPLICABLE – The Supreme Court has ruled that oxygen may only be regarded as a refining agent and not a raw material, despite the fact that it is used primarily to lower the carbon content of steel. As a result, oxygen is not subject to the reduced rate of sales tax.
    STATE OF JHARKHAND AND OTHERS VERSUS LINDE INDIA LIMITED AND ANOTHER
  1. J&K&L HC – ADHOC EMPLOYEE CANNOT REPLACE ANOTHER ADHOC EMPLOYEE – While noting that an ad hoc employee cannot be replaced by another ad hoc employee, the Jammu and Kashmir and Ladakh High Court has decided that such a job can only be filled by a candidate who is routinely recruited by according to a normal procedure provided.
    MURAD ALI SAJAN & ORS VS UT OF J&K.
  1. HC – MAN WHO KILLED WIFE IN SUDDEN QUARREL OVER IMPPROPERLY COOKED MEAT GETS LIFE SENTENCE REDUCED BY BOMBAY HC – The Bombay High Court reduced the life sentence of a man who killed his wife over inadequately cooked meat to 10 years of harsh imprisonment after ruling that there was no evidence of premeditation in the case.
    SURESH MADHUKAR SHENDRE V. STATE OF MAHARASHTRA

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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