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Administrative Tribunals In India

KEY TAKE AWAYS Administrative law refers to the many systems of procedures, guidelines, and legal frameworks that regulate how government agencies carry out legislative mandates and oversee programme administration. The first tribunal in India, the Income-Tax Appellate Tribunal,..

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Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer

The Delhi High Court has noted that permitting Disciplinary Proceedings to go on indefinitely would not only be extremely harmful to the individual involved, but also harmful to the Rule of Law.  Cross-petitioners filed by one Anish Gupta against the Union of India were being heard by a division bench made up of J..

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Merely Because S.482 CrPC Does Not Prescribe Limitation Period Does Not Mean Parties Can Approach Court With Inordinate Delay: J&K&L High Court

A party cannot approach the High Court under Section 482 of the CrPC at his whim and caprice, according to a ruling made today by the Jammu and Kashmir and Ladakh High Court.  This is because there is no time restriction for bringing a plea under the aforementioned section. The bench consisting of Justice Sanjay D..

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The Places Of Worship Act: An Overview

Key Takeaways A brief introduction of the Places of Worship Act, 1991. A brief history behind the enactment of the said Act. The provisions of the Act and their explanations. Current status of the sa..

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Electoral Bonds: Explained

Key Takeaways Electoral Bonds are Instruments through which money can be donated to political parties for their political funding. Can be purchased only through means which leave a digital footprint such as cheques or digital mechanisms. I..

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Officers Of DGGI Are ‘Central Excise Officers’: Can Issue Show Cause Notices And Adjudicate Service Tax Demand: Madras High Court

According to the Madras High Court, as the Central Board of Excise and Customs has given DGGI officials the authority of Central Excise Officers, they are considered "Central Excise Officers" for the purposes of Rule 3 of the Service Tax Rules, 1994. (CBEC).  When deciding on a number of writ petitions, ..

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Declaration Of Law By Court Will Have Retrospective Effect If Not Otherwise Stated Specifically : Supreme Court

The Supreme Court reaffirmed that, if not expressly stated otherwise, a  court's declaration of law will take effect retroactively.  In upholding the Jammu & Kashmir and Ladakh High Court's ruling that Munsiffs appointed through direct recruitment on the advice of the State Public Service Commissi..

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National Anti-Profiteering Authority:Composition, Functions, Powers And Constitutional Validity

Key Takeaways Section 171 of the Central Goods and Services Tax Act, 2017 established The National Anti-Profiteering Authority. The objective of the authority is to guarantee that all stakeholders benefit equally from GST and to boost consumer trust. li style="text-align..

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Kerala High Court Dismisses Plea Alleging Corruption In Judiciary To Secure Post Retirement Jobs

In Abdul Jaleel v. Cabinet Principal Secretary & Ors, the Kerala High Court dismissed a petition seeking the establishment of a Division Bench of the Apex Court in all the High Courts in the country to adjudicate upon cases of the poor and the marginalized. A Division Bench comprising of Chief Justice S. Manikumar ..

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Relevance Of Forensic Science In Criminal And Civil Proceedings

Key Takeaways Forensic science is the use of science in the examination of criminal and civil laws, as guided by legal criteria of acceptable evidence and criminal process. Forensic evidence analysis is utilized in the investigation and prosecution of civil and criminal cases./..

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Absence Of Threat To Applicant No Ground To Refuse Firearm License Under Arms Act: Gujarat High Court

The Gujarat High Court has ruled that a licence to possess a firearm under the Arms Act cannot be cancelled for reasons that are unrelated to the Act's provisions and have no bearing on the decision.  The Bench of Justice AS Supehia also stated that the authority could not have withdrawn the Applicant's li..

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Arbitral Award Vitiated By Serious Fraud And Criminal Conspiracy Can Be Set Aside In A Writ Petition: Chhattisgarh High Court

The existence of an alternative remedy under Section 34 of the A&C Act is not a barrier to the maintainability of a Writ Petition to set aside an arbitral award that has been tainted by fraud and criminal conspiracy, according to the High Court of Chhattisgarh.  A clear reading of Section 34 of the A&C Act..

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The Competition Commission Of India: An Analysis

Key Takeaways The Competition Commission of India (CCI) is a statutory body of the Government of India responsible for enforcing the Competition Act, 2002. The Commission consists of one Chairperson and six Members who shall be appointed by the Central Government. li sty..

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Aircraft Act 1934: History, Purpose, Objectives and Case Laws

Key Takeaways Indian Airships Act of 1911 was country’s first legislation in the aviation sector. The Aircraft Act of 1934 replaced the Airships Act and became the primary piece of legislation in the aviation sector. The Aircraft Ame..

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Presidential Election : Supreme Court Refuses To Interfere With Rejection Of Candidate's Nomination

On Wednesday, the Supreme Court declined to hear Dr. Mandati Thirupathi Reddy's appeal after the returning officer for the Lok Sabha, Parliament House rejected her request to be considered for the upcoming election for President of India.  The petitioner's nomination paper did not meet the standards outlin..

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