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Showing posts from September, 2021

Dealing the Cards

A single-judge TR Ravi of the Kerala High Court had allowed a batch of petitions challenging the state government’s ban on online rummy. The Court has now quashed an amendment to a notification issued by the state government under Section 14A of the Kerala Gaming Act, 1960, which sought to ban online rummy in the state. It said that the notification was arbitrary and violative of the right to trade and commerce guaranteed under Article 19(1)(g) of the Constitution and the right to equality guaranteed under Article 14 of the Constitution. Senior advocates Mukul Rohatgi and Joseph Markos and advocates Santhosh Mathew and Thomas Kuruvilla appearing on behalf of four online rummy companies challenged the ban and said that the government could not impose a ban on online rummy and clarified that it is a game of skill. It was also argued that the power under Section 14A of the Kerala Gaming Act, 1960, is limited to specifying what is a game of sufficient skill to warrant the exemption from g

Virtual Internship Experience with People’s Union For Civil Liberties: Public Welfare and Human Right Issues

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Virtual Internship Experience at TAS Law Advocates and Solicitors, Noida: Civil Matters with Research and Drafting work

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Online Internship Opportunity with NITI Aayog [Sep-Dec 2021]: Apply by Oct 10

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Online Internship with Competition Commission of India (CCI) [For Dec 2021]: Apply by Nov 1

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Madhya Pradesh HC disposes of PIL, asks petitioners to approach Health Secretary to get specialised doctors appointed in Umaria hospital

The Madhya Pradesh High Court has recently disposed of a PIL seeking a direction to the respondent authorities to post doctors of various specializations in District Hospital, Umaria and keep all the posts fulfilled. The PIL has been filed by the petitioners Shambhulal Khattar and Gopal Kumar Vaswani. The grievance of the petitioners is that there are 49 posts of various doctors pertaining to various specialties in the District Hospital Umaria. Only 16 doctors were posted in the District Umaria and the hospital, which needed 49 doctors, was functioning with the skeletal infrastructure of 16 doctors only to cater the health needs of the general public. By the recent order dated August 31, 2021, four doctors pertaining to the field of Radiology, Anesthesia, Pediatric and General Surgery have been transferred to various hospitals of other Districts. The transfer of four doctors would adversely affect the medical facilities in the District Hospital, Umaria. These doctors have been transf

Driving without registration can invalidate insurance: Supreme Court

The Supreme Court on Thursday observed that if a vehicle is being used/driven without a valid registration, an insurance claim can be rejected, since it constitutes a fundamental breach of the terms and conditions of the contract of insurance. There should be no fundamental breach of the conditions contained in the contract of insurance, when an insurable incident that potentially results in liability occurs. If on the date of theft, the vehicle had been driven/used without a valid registration, it amounts to fundamental breach, noted the bench of Justices Uday Umesh Lalit, S. Ravindra Bhat and Bela M. Trivedi. In this case, the policy holder had purchased a new Bolero, which had a temporary registration. After the registration lapsed, he travelled outside his residence. He parked outside the guest house premises, from where it was stolen. He claimed insurance, but it was repudiated on the ground that the temporary registration of the vehicle expired. Thereafter, he approached the

Farmer protest: Seek redressal through judicial forum or parliamentary debates, not by blocking roads, says Supreme Court

The Supreme Court on Thursday heard a plea seeking directions to clear the roads blocked due to the farmers’ protest and said redressal can be through judicial forum or parliamentary debates, not by blocking the roads. The Bench, led by Justice Sanjay Kishan Kaul, reiterated its previous contention that the solution lies in the hands of the Centre and the concerned state governments, and that the roads should not be blocked for any reason whatsoever.  Solicitor General Tushar Mehta informed the Court that the agitating farmers refused to join meetings conducted by the High-Level Committee formed pursuant to the orders of the Court. The SG further requested the court to implead them as parties in the present matter.  The Court said the petitioner may not be aware who is representing the farmers as a leader. “If you feel that someone is to be made a party, you will have to make a request,” the bench told the SG.  The Court then adjourned the matter till October 4.  The state of Hary

Delhi HC issues notice on plea by human trafficking victim from Meghalaya seeking Rs 19 lakh compensation

The Delhi High Court has issued notice on a plea filed by a human trafficking victim seeking a compensation of Rs 19 Lakhs under the Delhi Victim Compensation Scheme, 2018. A Single-Judge Bench of Justice Rekha Palli sought response from the Delhi Government, the South District Legal Service Authority and the Delhi Commission for Women. According to the plea, the petitioner comes from a very poor and vulnerable family, residing in a remote area of Meghalaya’s Mowkaiaw village. She was lured and trafficked to Delhi on the pretext of job by her cousin Drabhamon Phawa and others, including Preety, Jenny, Abhinash Das and Barihunshisha Syiem (alias Neha), who were running a trafficking racket in Delhi, where hundreds of girls, including minors, were trafficked and forced into commercial sexual exploitation. The petitioner averred that she was asked to come to Delhi by Drabhamon on the pretext of providing a cooking job paying Rs 20,000 a month. On reaching Delhi, she was taken to a flat

Yes Bank Loan fraud: Delhi High Court denies bail to Avantha Group Promote Gautam Thapar

The Delhi High Court on Thursday rejected the bail application of Avantha Group Promoter Gautam Thapar, who challenged his arrest in connection with the Yes Bank Loan fraud case. A Single Bench of Justice Yogesh Khanna passed this order. The case of money laundering was filed by the Enforcement Directorate (ED) against Gautam Thapar, Avantha Realty Ltd, Oyster Buildwell Pvt Ltd and others, alleging criminal breach of trust, cheating, criminal conspiracy and forgery for diversion and misappropriation of public money during the period 2017 to 2019, after taking cognisance of an FIR lodged by the Central Bureau of Investigation (CBI). Thapar was arrested under the Prevention of Money Laundering Act (PMLA) on August 3, after the agency carried out raids against him and his linked businesses in Delhi and Mumbai. The ED was probing an alleged transaction between his company Avantha Realty, Yes Bank co-founder Rana Kapoor and his wife, who are already being investigated under the PMLA by

Allahabad High Court grants bail to Payal Kinnar in case related to attacking, feeding poisonous substances

The Allahabad High Court has granted bail to Manoj alias Payal Kinnar, accused of causing grievous hurt with a sharp weapon and feeding poisonous substances. A Single-Judge Bench of Justice Vivek Kumar Singh passed this order on Monday, while hearing a Criminal Miscellaneous Bail Application filed by the Eunuch. This is the second bail plea on behalf of the applicant. The first bail application was rejected by the Bench on February 1, 2021. It has been contended by the Counsel for the applicant that the applicant has been falsely implicated in the case due to ulterior motives. It is next contended that the victim in his statement u/s 164 Cr.P.C. has not mentioned the name of the prime accused/applicant. He states that the applicant was not present at the date and time of incident. He denied the role of the applicant to such effect that he does not remember who has committed the alleged offence, but it is made sure that the main accused/applicant has no role in the incident. It has

PM Cares, Do We?

By Narasimhan Vijayaraghavan Prime Minister Narendra Damodardas Modi famously said: “na khaungaa, na khaane doonga (neither will I indulge in corruption, nor allow anyone else to indulge in it)”. And his electoral pledge was: “If the poor would have not got the right to vote, then I would not have become the ‘Pradhan Sewak’ to serve the people.” Put the two together and you have the magical potion of PM-CARES, said a commentator. Alas, we see politics in anything and everything. We live in such polarised times. Marcus Aurelius told us to “sift and see”. We have lost the “art of good and bad in everything as we indulge in cacophonous ideological food fights”, Harvard Prof Michael Sandel said. We had the inevitable challenge, their staple diet, from The Centre for Public Interest Litigation, which moved the Supreme Court against PM-CARES. It faced three posers: whether the Union government was under any obligation to utilise the National Disaster Relief Fund (NDRF) for tackling Co

Commission free stock trading: TOP online brokers in 2021

Brokers always receive remuneration for concluding the deals on Forex. However, you should know that not all brokers have the same prices. A brokerage fee may be charged in different ways. Please check the conditions for cooperation before starting to work with the broker of your choice. Keep in mind that the largest brokerage firms usually provide the best cooperation terms. They reduce the commissions in order to increase their customer base. Webull Webull is a relatively new stock broker providing zero commission trading. Webull offers free trades on over 5000 stocks and ETFs without fees for opening or maintaining an account. Currently, Webull doesn’t offer the possibility of trading options. The broker charges no account maintenance fees or software platform fees. However, SEC, FINRA, and margin trading fees still apply to the trades. Robinhood Robinhood is an online app that allows you to trade on the exchange with no commissions. This example clearly shows the development

Supreme Court Collegium recommends appointment of 16 judges in 4 High Courts of the country

The Supreme Court Collegium has recommended the appointment of total 16 judges in four High Courts of the country, including the Bombay High Court, the Orissa High Court, the Punjab & Haryana High Court, and the Gujarat High Court. The Judicial officers, whose names were approved for appointment as judges in the Bombay High Court, include: 1. A.L. Pansare, 2. S.C. More, 3. U.S. Joshi-Phalke, and  4. B.P. Deshpande. The Collegium further on Wednesday also approved the proposal for elevation of two judicial officers and two Advocates as Judges in the Orissa High Court. These include: Judicial officers: 1. Radha Krishna Pattanaik, and 2. Sashikanta Mishra. Advocates: 1. Aditya Kumar Mohapatra, and 2. Mruganka Sekhar Sahoo. In the same meeting, the Collegium approved the appointment of following Advocates as Judges in the Gujarat High Court : 1. Mauna Manish Bhatt, 2. Samir J. Dave, 3. Hemant M. Prachchhak, 4. Sandeep N. Bhatt, 5. Aniruddha Pradyumna Mayee, 6. Niral

Morgan Stanley Legal & Compliance Summer Analyst Internship Program 2022, Mumbai [10 Weeks]: Apply Now!

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Call for Blogs: NLUO’s CPAJ Newsletter: No Fees, Submit by Nov 28

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SLS Hyderabad’s National Discussion on Challenges in Online Contracts: An International Perspective [Oct 17, 12:30-2 PM]: Register by Oct 11

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JOB POST: Deputy Manager-Indirect Tax at Deloitte, Bangalore: Apply Now!

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Trading For Beginners — How to Become a Pro?

If you crave reliable information about the best brokers of 2021, working instruments that can help you understand the strategies to trade with, this guide will be a great assistant. Sounds great? Off we go! Top Brokers to Choose in 2021 eToro min.deposit=$50; stock trading without commissions; approximately 2K of trading tools Interactive Brokers min.deposit=$1;trading with the company’s shares;135 markets to choose from RoboForex min.deposit=$10;1:2000 of leverage;CopyFX service. Key Trading Perks to Know There are two universal strategies with trading: Buy for less, sell for more — long trades. Borrow for more and sell or buy back for less and return the debt — short trades. One can choose active trading for often trades, or decide on Investing, which, in turn stands for accumulating in the long run. When it comes to the financial instruments, you have a vast choice: Currency exchange; Stock exchanges; Commodities (metals, energies, farming sector prod

The Burning Issue

Stubble burning is the practice of intentionally setting fire to the straw stubble that remains after grains, such as rice and wheat, have been harvested. The technique was widespread until the 1990s, when governments increasingly restricted its use. Stubble burning in Punjab and Haryana has been cited as a major cause of air pollution in Delhi since 2002. Consequently, the central government is considering creating a 1,600 km long and 5 km wide green belt from Panipat in Haryana to Porbandar in Gujarat, covering the entire Aravalli range and beyond, and known as the “Green Wall of India”. From April to May and October to November each year, farmers, mainly in Punjab and Haryana, burn an estimated 35 million tonnes of crop waste from their paddy fields after harvesting as a low-cost, straw-disposal practice to reduce the turnaround time between harvesting and sowing for the first (summer) crop and the second (winter) crop. Smoke from this burning produces a cloud of particulates visi

Virtual Internship Experience with Shardul Amarchand Mangaldas, Delhi: Varied Legal Work with Valuable Guidance

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National Webinar on Contemporary Judicial Process in India, by Saveetha School of Law [Oct 7; 10:30 AM]: Register Now!

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Admissions: Do your BA LLB, BBA LLB, BCom LLB, BTech LLB, LLB and LLM from UPES, School of Law, Dehradun [Link Redirects]

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Read 7 Must-Reads By Academike: An Autumn Special Compilation

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Learn ‘Online Dispute Resolution – ODR’ in the era of E-courts and ADR with Lawctopus’ Online Certificate Course! [Oct 15 – Nov 15]: Register by Sep 30! [Early Birds Get 10% Off, Code: EB10]

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JOB POST: Judge Advocate General [JAG 2022] 28th Course at Indian Army [SSC]: Apply by Oct 28

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Online Certificate Course on ‘Consumer Law & Practice’ by Lawctopus Law School [Oct 20 – Nov 20]: Register by Sep 30! [Early Birds Get 10% Off, Code: EB10]

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CfP: Droit Penale’s Indian Law Journal on Crime and Criminology [ISSN 2456-7280, Vol 5, Issue 3 & 4; No Fee]: Submit by Oct 30

Droit Penale’s Indian Law Journal on Crime and Criminology is inviting submissions by way of a Call for Papers for its Volume 5, Issue 3… The post CfP: Droit Penale’s Indian Law Journal on Crime and Criminology [ISSN 2456-7280, Vol 5, Issue 3 & 4; No Fee]: Submit by Oct 30 appeared first on Lawctopus . from Lawctopus https://ift.tt/2ZJsXsH

Lawctopus Law School’s Online Certificate Course on Copyrights – Law and Practice [Nov 1-30; Co-Certified by NIPO]: Register by Sep 30 [Early Birds Get 10% Off, Code: EB10]

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Police constable posted at Delhi High Court commits suicide at court premises

A police constable of Rajasthan Armed Constabulary, who was posted near Gate number of Delhi High Court, on Wednesday committed suicide by shooting self with his service rifle. According to Delhi Police, the constable was a resident of Kotkasim in Alwar and said to be around 30 years of age. He had joined duty at around 9.30 am, after coming back from leave. Further investigation was underway, it added. Yesterday, Justice Rekha Palli had issued notice on a plea seeking directions on Delhi Police and Bar Council of Delhi for taking measures to ensure safety and security of Delhi district courts, in the wake of Rohini shootout incident. On September 24, four persons were shot dead, including wanted gangster Jitendra alias Gogi, in a Rohini court by attackers wearing black gowns. The attackers are believed to be from the rival Tillu Tajpuria gang. Around 35-40 rounds were fired in the exchange in courtroom 207. The incident happened in Rohini Court number 2 when Gogi was presented bef

Virtual Internship Experience with Social Nexus and Adi Himalaya: Valuable Learnings

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National Online Declamation Competition on International Day of Nonviolence, by UILS, Panjab University [Oct 8-10]: Register by Oct 6

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Lawctopus Law School’s Online Moot COURSE (& Competition) [Oct 10 – Dec 10]: Register by Sep 30! [Early Birds Get 10% Off, Code: EB10]

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Online Certificate Course on ‘Companies Act – Law, Practice, Career’ by Lawctopus Law School [Nov 10 – Jan 10]: Register by Sep 30! [Early Birds Get 10% Off, Code: EB10]

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6 Job Posts at Lawctopus: Apply by Sep 30; Earlier is Better

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Allahabad High Court imposes Rs 10,000 cost on police recruitment board for not complying with 2020 order

The Allahabad High Court has imposed a cost of Rs 10,000 on the Police Recruitment Board for not filing a reply, even after being given three opportunities and directed to comply with the order issued on February 3, 2020. A Single Bench of Justice Vivek Agarwal passed this order while hearing a petition filed by Ajay Kumar. Prashant Mishra, Counsel for the petitioner, said that the petitioner has been declared successful in the backward class quota in the 2013 police recruitment. He has to be called for document verification and medical examination. He also gave a representation, but no action is being taken, on which the petition was filed. The Court gave three chances to the recruitment board and the state government to respond, but no response came. “There is no compliance of order dated February 3, 2020 passed by a co-ordinate Bench of the Court, though time was granted to Standing Counsel on March 3, 2020 and August 2, 2021,” the Court noted. “On cost of Rs 10,000, last oppor

Plea in Supreme Court seeks NEET-UG 2021 cancellation over paper leak

A petition has been filed in the Supreme Court, seeking cancellation of NEET-UG 2021 Entrance Examination held on September 12, 2021, conducted by the National Testing Agency across nation and conduct of examination afresh to protect the interest of genuine, deserving and meritorious candidates. Apart from this, the petition, filed by the candidates who appeared for NEET-UG entrance test, sought to enhance the standard of Security protocols – biometric verification of candidates, use of jammers etc to conduct the examination in a fair and transparent manner. It further prayed for direction to the DGPs of Rajasthan and UP to file a report in a week. According to the plea, from the bare perusal of the FIR dated September 12, registered by CBI, it is crystal clear that the NEET-UG 2021 entrance examination paper was leaked under a criminal conspiracy, wherein involvement of renowned coaching centers and paper solver gang has been found. On the date of the examination itself, CBI registe

Delhi riots larger conspiracy: Delhi Police says AAP Councillor Tahir Hussain can challenge UAPA charges during trial

The Delhi Police on Wednesday filed its reply in the petition moved by former Aam Aadmi Party Councillor Tahir Hussain, challenging the UAPA charges invoked against him in connection with the Delhi Riots larger conspiracy case in the Delhi High Court. The counter affidavit was filed by P.S. Kushwaha, Deputy Commissioner of Police, Special Cell, New Delhi, through Advocates Amit Mahajan and Rajat Nair, stating that the issue relating to the validity of sanction for prosecution could have been considered only during trial. According to the Affidavit, the present petition preferred by the petitioner (Tahir Hussain) is false, frivolous and vexatious. The petition is an abuse and misuse of the process of law. It has been filed on baseless, concocted and absurd facts and circumstances of the case. There is no cause of action in the present matter. The petition is absolutely misconceived, unmerited and being devoid of merits of the case. The petition is nothing, but an attempt to short circ

Online Course on Litigation Basics: Navigating Cases and Files by Lawctopus Law School [Oct 1 – Nov 15]: Register by Sep 29

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Kick-start Your IPR Career with this Online Certificate Course by Lawctopus Law School and NIPO [Oct 1 – Dec 30]: Register by Sep 29!

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Online Internship with Competition Commission of India (CCI) [For Nov 2021]: Apply by Oct 1

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Ideosync-UNESCO Information Fellowship (IUIF) 2021 [4-Month Social Change Fellowship; Online]: Apply by Oct 15

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Lawctopus’ Online Certificate Course on Trademarks – Law and Practice [Oct 1-30; Co-Certified by NIPO]: Register by Sep 30!

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Supreme Court holds Suraz India’s Rajiv Dahiya guilty of contempt of court

The Supreme Court on Wednesday held Rajiv Dahiya, MD of Rajasthan-based NGO Suraz India Trust, guilty of contempt of Court for not complying with its earlier order of depositing exemplary cost of Rs 25 lakh for casting “imaginary and scandalous accusations” on the judiciary. The bench of Justices Sanjay Kishan Kaul and M.M. Sundresh said, “His actions to scandalise the court cannot be countenance.” The Court added that it will conduct hearing on the final sentence on October 7 On September 8, 2021, the Bench reserved its order on whether contempt proceedings should be initiated against Dahiya. The respondent judgment debtor and the contemnor in the contempt proceedings had appeared before the court in pursuance to the bailable warrants issued by the Apex Court.  After the hearing, the Apex Court had granted three days time to the chairperson to file an unconditional apology to the court or withdraw all what he has said. “In the end, as per usual practice in prior proceedings, the p

Irregularity in prayers at Tirupati Balaji: Supreme Court gives one week to TTD to file report

The Supreme Court on Wednesday granted one week time to the Tirumala Tirupati Devasthanams (TTD) to clarify whether there were any irregularities in the conduct of rituals and prayers at the Tirupati Balaji temple. The Bench, led by Chief Justice of India N.V. Ramana and also comprising Justice Surya Kant and Justice Hima Kohli, adjourned the hearing to October 6, after the Standing Counsel appearing for the respondent (TTD) asked one week time to take instructions. The petition was filed by devotee of Lord Balaji named Srivari Daadaa, who claimed to be a devotee of Sri Venkateswara Swamy, Tirumala Tirupathi Devasthanam. He alleged that respondent (TTD) is performing sevas namely, (i) Abhishekam Seva, (ii) Thomala Seva, (iii) Arjitha Brahmostavam (iv) Yekanta Utsavalu (Srivari Varshika Brahmotsavams-2020) and (v) Maha Laghu Darshan, in a wrongful and irregular procedure. The petition sought directions to the respondent-Devasthanam to rectify the method of holding the aforesaid ritua

Alliance University’s Justice N. Santosh Hegde National Moot Court Competition [Online, Oct 29-30]: Prize Worth Rs. 40K, Register by Oct 20

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Internship Experience with Advocate Dr. Ajoy Narayan Sinha, Muzaffarpur: Valuable Learnings at the District Court

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Internship Opportunity in Economic Affairs with UN-ESCAP, Delhi/Remote: Apply by Sep 30

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Call for Papers: GLS Law Journal [GLSLJ, Volume 3, Number 2, ISSN: 2582-5402]: No Fees, Submit by Oct 20

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The Good, the Bad and the Ugly

By Shivanand Pandit Taking forward one of her statements made during the 2021 Budget, Finance Minister Nirmala Sitharaman recently declared the creation of India’s first-ever “Bad Bank”. She said the National Asset Reconstruction Company Limited (NARCL) had already been incorporated under the Companies Act and would procure strained assets worth approximately Rs 2 lakh crore from different commercial banks in various stages. India Debt Resolution Company Limited (IDRCL), another new entity, will attempt to dispose of the strained assets in the market. The NARCL-IDRCL configuration is the novel bad bank and to make it a reality, the government has allowed the utilisation of Rs30,600 crore as guarantee. Many banks have seen a progressive increase in their loans ever since the international financial disaster of 2008-2009. In India, since 2016, the level of non-performing assets (NPAs) or bad loans has climbed steeply. Largely, this was because the RBI wants banks to precisely identify

Calcutta High Court imposes Rs 10,000 cost on Sourav Ganguly, Rs 50,000 on West Bengal govt for out-of-turn plot allotment

The Calcutta High Court on Monday imposed a “token cost of Rs 10,000” on president of the Board of Control for Cricket in India (BCCI) Saurav Ganguly and Rs 50,000 each on the West Bengal government and a state-owned corporation, in connection with an out-of-turn land allotment. The West Bengal Housing Infrastructure Development Corporation (WBHIDCO) had allotted a two-acre plot in 2013 to the former Team India captain in New Town area to set up a school. A division bench comprising of Acting Chief Justice Rajesh Bindal and Justice Arijit Banerjee, in its order, said though the plot had been returned by the allottees, it is imposing a cost of Rs 50,000 each on the state government and WBHIDCO for generating litigation by arbitrary exercise of power. The bench also imposed a “token cost of Rs 10,000” on the former India cricket captain and the Ganguly Education and Welfare Society “for the reason that even they should have acted in accordance with law specially considering the earlie