All High Courts
POCSO Act | Courts Persuaded To Save Lives Of Accused Where Children About To Attain Majority Commit Offence In Love: Delhi High Court
The Delhi High Court has recently observed that Courts are persuaded to save lives of an accused, rather than to make him undergo trial and punishment, in cases where children, who are about to attain the age of majority, commit acts in the name of love amounting to offence under various enactments, including POCSO Act. Justice Navin Chawla said that such a situation makes Courts face with two consequences, either to go strictly by law, convict the boy and impose punishment on him, which is...
License Fee Can't Be Imposed Retrospectively: Allahabad HC Directs Refund Of Deposit For Authorities' Failure To Impose Penalty For Almost 20 Yrs
Recently, the Allahabad High Court directed the authorities to refund Rs. 26 lakhs once deposited by the petitioner pursuant to an interim by the High Court in another writ petition. The Court held that a license fee cannot be retrospectively charged from the licensee prior to the date of grant of license and any penalty that is sought to be imposed for want of license can only be imposed in due course following procedure of law.The bench comprising Justice Anjani Kumar Mishra and Justice...
Delhi High Court Quashes Arms Act FIR, Directs Accused To Pay ₹50K Costs To Police Welfare Fund, Lawyers' Bodies
While quashing an FIR registered against a man under the Arms Act, 1959, the Delhi High Court has asked him to pay costs of Rs. 50,000 to be deposited with Delhi Police Welfare Fund and three district court Bar Associations.Justice Amit Mahajan quashed the FIR registered against Pritpal Singh for the offence under Section 25 of the Arms Act, observing that necessary ingredients of the offence were not made out against him. However, in view of the fact that a chargesheet was filed in the case and...
Workman Must Not Be Punished For Devoting Time Before Wrong Forum Based On Misconception Or Ill-Advice: Punjab And Haryana High Court
The Punjab and Haryana High Court single bench of Justice Sanjay Vashisth held that the workman's withdrawal of the civil suit implied permission to pursue a remedy under labour law. The bench noted that the Industrial Tribunal refused to grant relief to the Workman based on the fact that he pursued the same matter in a civil court earlier. The High Court held that time spent in proceedings before the civil court would not count towards the period of limitation. Further, the workman...
Delhi High Court Imposes ₹1 Lakh Cost On Litigant Who Made 'Lord Hanuman' Party To Private Temple Property Dispute
The Delhi High Court has imposed Rs. 1 lakh costs on a man who made “Lord Hanuman” a party objector (appellant) to an appeal concerning the dispute of a temple constructed on a private land and claiming the right to worship therein.“I never thought that God would, one day, be a litigant before me. This appears, however, thankfully, to be a case of Divinity By Proxy,” remarked Justice C Hari Shankar. The court dismissed in limine the appeal of Ankit Mishra and directed him to pay the costs...
Income Tax Dept. To Allow Personal Hearing Through National Faceless Assessment Centre On Assessee's Request: Delhi High Court
The Delhi High Court has held that the income tax department should allow personal hearings through the national faceless assessment centre on the assessee's request.The bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has observed that, as per Section 144B(6)(viii) of the Income Tax Act, 1961, where a request for personal hearing is received, the Income Tax Authority of the...
Minors Must Also Be Taught About 'Virtual Touch', Not Just Traditional Concepts Of 'Good And Bad Touch': Delhi High Court
The Delhi High Court has observed that minors must also be taught about “virtual touch” and not just traditional concepts of “good and bad touch”, and said that the ”emerging concept” must be included in their curriculum.Justice Swarana Kanta Sharma observed that minors must be equipped with the knowledge and tools to navigate online interactions safely and recognize potential risks lurking in cyberspace.“Traditionally, efforts to protect minors from harm have focused on teaching them about...
'Sets A Perilous Precedent': Allahabad HC On Non-Execution Of 100+ NBWs Against Meerut MLA In A Criminal Case
The Allahabad High Court last week denied relief to Meerut MLA Rafiq Ansari in a 1995 case, noting that the Samajwadi Party leader failed to appear in Court despite the issuance of 100+ non-bailable warrants between 1997 and 2015. "...non execution of non-bailable warrant against the sitting MLA and allowing him to participate in assembly session sets a perilous and egregious precedent", observed a bench of Justice Sanjay Kumar Singh. The Court added that by allowing individuals...
Mere Implication Of Name In Vigilance Case Cannot Prevent Acceptance Of Application For Voluntary Retirement: Orissa High Court
A single bench of the Orissa High Court comprising of Justice Aditya Kumar Mohapatra while deciding a Writ Petition in the case of Govind Nag vs State of Orissa & Ors has held that mere implication of the name of the officer in a vigilance case could not stand in way of accepting an application for voluntary retirement of the officer. Background Facts Govind Nag (Petitioner) was appointed as Inspector of Cooperative Society in 1996. During the course of employment of the...
Punjab And Haryana High Court Stays CBIC-Circular Concerning Taxability Of Corporate Guarantees
The Punjab and Haryana High Court has stayed the circular issued by the Central Board of Indirect Taxes and Customs (CBIC) concerning the taxability of corporate guarantees.The bench of Justice Sanjeev Prakash Sharma and Justice Sukhvinder Kaur, while issuing the notice, stayed CBIC Circular dated October 27, 2023, to the extent that it clarifies that the provision of corporate guarantee (CG) between related persons, even when made without any consideration, is to be treated as a supply of...
Non-Consideration Of Representation To Statutory Authority Amounts To Dereliction Of Duty: Madras High Court
A single judge bench of the Madras High Court comprising of Justice R.N.Manjula while deciding a Writ Petition in the case of C. Chandran. vs Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors. has held that non-consideration of a representation made to a statutory authority amounts to dereliction of duty. Background Facts C. Chandran (Petitioner) was appointed as Tradesman in Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors (Respondent) in 1989 and...
[Indore Lok Sabha Elections] MP High Court Declines Plea Of Congress' 'Substitute' Candidate Whose Nomination Was Rejected From Contesting As 'Approved' Candidate
A division bench of Madhya Pradesh High has refused to interfere with a single judge bench order holding that a 'substitute candidate' fielded by the Congress Party cannot be considered as an 'approved candidate' due to the withdrawal of the initially approved candidate from the Lok Sabha Elections 2024.The single bench had held that if the substitute candidate's form is signed by only one proposer, on acceptance of the form of the 'approved candidate', the form of the substitute candidate would...