Legal Update as on 03.02.2023

legal-updates
  1. MADRAS HC DIRECTS THE DESOLATION OF FAKE WEBSITES MISLEADYING DEVOTEES – The Madras High Court has ordered the shutdown of all illegal and unauthorised websites that have been set up in the name of temples and which have been defrauding devotees of their money in order to raise money. The court noted that temples should not be turned into centres for making money.
    P MARKANDAN V. THE COMMISSIONER HR&CE DEPARTMENT
  1. HC UPHOLDS ORDER PROHIBITING ACCUSED MURDERERS FROM RE-JOINING HOME GUARD SERVICE – The Calcutta High Court noted that a volunteer of a disciplined force is expected to have a clean antecedent with regard to his character while upholding an order preventing an accused in a murder case from returning to his duty as a Home Guard.
    JULFICAR SARDAR V. THE STATE OF WEST BENGAL & ORS.
  1. BOM HC: CAN’T ORDER STATE TO MAKE DEGREE HOLDERS ELIGIBLE WHEN REGULATION SAYS ONLY DIPLOMA HOLDERS ELIGIBLE – According to the Bombay High Court, just because a degree in civil engineering may be more advanced than a diploma does not give the court the authority to interpret the terms of the recruitment rules and order the state government to consider applicants who do not qualify under the recruitment rules.
    MILIND SHANTILAL RATHOD AND ORS. V. STATE OF MAHARASHTRA AND ANR.
  1. DELHI HC: AFT’S FINAL ORDERS MAY BE CHALLENGED IN COURT – The Armed Forces Tribunal’s (AFT) final orders may be contested before the High Court, according to the Delhi High Court’s entire bench.
    AMAR SINGH EX NB SUB & ORS. v. UNION OF INDIA & ORS. and other connected matters
  1. SC: WITHOUT THE STATE’S PERMISSION, IT IS ILLEGAL TO TRANSFER LAND IN HP TO NON-AGRICULTURISTS. – The Supreme Court ruled that land in Himachal Pradesh cannot be transferred to non-agriculturalists without the state’s consent and noted that this is being done to protect the tiny farms of the poor and to stop the widespread conversion of agricultural land to non-agricultural uses.
    AJAY DABRA VS PYARE RAM
  1. MADRAS HC: WOMEN TEMPORARILY RESIDING IN INDIA, OCI CARD HOLDERS ENTITLED TO RELIEF UNDER DV ACT – The Protection of Women from Domestic Violence Act of 2005 (DV Act) may be invoked before Indian courts by individuals who were temporarily residing in India as well as by foreign nationals who possess an Overseas Citizenship of India (OCI) card.
    KC v. UK
  1. DELHI HC: Importing aircraft for private use is not eligible for a customs exemption. – The Delhi High Court ruled that the assessee did not meet the requirements for the customs duty exemption because the aircraft were imported for private use and not to provide non-scheduled passenger or charter services.
    EAST INDIA HOTELS LTD. VERSUS COMMISSIONERS OF CUSTOMS, GENERAL EXCISE AND CENTRAL GST
  1. SC: The decision to allow candidates to compete for two seats rests with the Parliament. – The Supreme Court ruled that it was up to parliament to decide whether it was appropriate for a candidate to run for more than one seat, dismissing a PIL that questioned the legality of Section 33(7) of the Representation of Peoples Act, 1951.
    ASHWINI KUMAR UPADHYAY VS UNION OF INDIA W.P.(C) NO. 967/2017
  1. SC: WHEN A LEGAL ISSUE IS RAISED, W.P. SHOULD NOT BE DISMISSED ON THE BASIS OF ALTERNATIVE REMEDIES. – According to the Supreme Court, when a disagreement is solely legal in nature and exclusively concerns contested legal issues, the high court should rule on it rather than dismissing the writ petition on the grounds that a better remedy is available.
    GODREJ SARA LEE LTD. VS EXCISE AND TAXATION OFFICER CUM ASSESSING AUTHORITY

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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