High Courts
Section 9 IBC Petition Does Not Bar Arbitration Under Section 11(6) Of Arbitration Act: Telangana High Court
The Telangana High Court bench of Chief Justice Alok Aradhe has held that the mere filing of such petition under Section 9 of IBC before NCLT does not bar initiation of proceeding under Section 11(6) of the Arbitration and Conciliation Act, 1996. The bench held that there is no statutory provision which bars a party from initiating the proceeding under Section 11 of the...
Depriving Spouse Of Being On Facebook, Instagram; Damaging Partner's Reputation/ Social Standing May Amount To Cruelty: Telangana HC
The Telangana High Court has ruled that any act of damage to reputation, social standing or work prospects by one spouse to the other would fall within the term “cruelty”. Extending this principle to modern contexts, a bench of Justice Moushumi Bhattacharya and Justice M.G. Priyadarshini added that it might not be too far-fetched to say that depriving a spouse of being on Facebook and Instagram may also amount to cruelty. These observations were made by the bench while allowing a...
No Explanation For Delay Of 4-5 Yrs In Filing FIR: Rajasthan High Court Grants Bail To Rape Accused
Rajasthan High Court (“the Court”) has granted bail to an accused booked under the Indian Penal Code (IPC) and SC/ST (Prevention of Atrocity) Amendment Act 2015 (“Act”) in an alleged case of rape, on the ground that no plausible explanation was provided by the prosecutrix for delaying the filing of FIR by 4-5 years.The bench of Justice Kuldeep Mathur was hearing an appeal filed by the accused challenging the order of the special judge under the Act that rejected his bail application. It was the...
No Evidence That Gurdas Maan Forced Anyone To Accept Laddi Shah As Descendant Of Third Sikh Guru: P&H High Court Refuses To Quash Cancellation Report
The Punjab and Haryana High Court has refused to set-aside the cancellation report filed by Punjab Police in a case under Section 295-A IPC, alleging Singer Gurdas Maan offended religious sentiments of Sikh masses.The provision lays down punishment for deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.Gurdas Maan, while performing in one of the Programmes, allegedly stated that Laddi Shah is the descendant of third...
Madhya Pradesh High Court Allows Minor Daughter To Donate Liver Tissue To Save Her Ailing Father Suffering From Chronic Liver Disease
In a rare instance, the Madhya Pradesh High Court has allowed a 17-year-old girl to make the donation of her liver tissue in order to save her father from chronic liver disease.The single-judge bench of Justice Vishal Mishra permitted liver transplantation under the Transplantation of Human Organs and Tissues Act & Rules. The court granted permission after the Medical Board and the State Level Authorisation Committee gave their consent to the transplantation procedure after finding the donor...
Assessment Order Passed Against Dead Person Is Nullity: Karnataka High Court
The Karnataka High Court, while quashing the assessment order, held that the assessment order under Section 147 read with Section 144 of the Income Tax Act amounts to nullity.The bench of Justice S. Sunil Dutt Yadav has observed that when the assessee dies during the pendency of the proceedings, proceedings are to be continued through the legal representatives of the deceased. The legal representative of the deceased assessee has questioned the validity of the assessment order passed under...
Rape & Murder Of 15-Year-Old Girl | Uttarakhand High Court Acquits Man Sentenced To Death In 2018
The Uttarakhand High Court recently overturned the death penalty awarded to a man by a trial court in a case involving the rape and murder of a 15-year-old girl. A bench of Chief Justice Ritu Bahri and Justice Alok Kumar Verma pointed out multiple flaws in the prosecution's case and the trial court's records while convicting the accused of murder and rape. The Court emphasised that the role of the accused (Mohd. Azhar) in the case, as alleged by the prosecution, was "questionable"....
'Unbecoming Of Police Official': Punjab & Haryana High Court Refuses To Stay Policeman's Conviction For Repeatedly Raping SC Woman
The Punjab and Haryana High Court has refused to stay the conviction of a Haryana Police Officer for repeatedly committing rape on a woman belonging to Schedule Caste community.“Here's the smell of the blood still: all the perfumes of Arabia will not sweeten this little Hand,” quoted the judge from Shakespeare's Macbeth to underscore that even if punishment is handed out and a certain contrition is exacted by the erring person, the shaken public confidence may not recuperate.While refusing to...
Tax Demand on Post Sale Discounts Received By Way Of Financial Credit Notes Not Tenable: Madras High Court
The Madras High Court has quashed the order imposing tax demands on post-sale discounts received by way of financial credit notes on the ground that receiving a discount is not tenable in law.The bench of Justice Senthilkumar Ramamoorthy has observed that the assessing officer concluded that the taxable person is providing a service to the supplier while taking advantage of a discount by facilitating an increase in the volume of sales of such supplier. This conclusion is ex facie erroneous and...
Kerala High Court Directs Police Chief To Issue Instructions To Ensure Citizens Are Not Illegally Detained, Arrested Due To Mistaken Identity
The Kerala High Court has directed the State Police Chief to issue suitable instructions to ensure that citizens are not illegally arrested and detained based on the wrong identity.In the facts of the case, the petitioner was wrongly detained and arrested by the police in a case of mistaken identity. Justice Gopinath P. ordered that the identity of persons should be clearly established before police officials arrest or detain citizens to prevent any illegal invasion into the life and...
Confession Made In Police Custody Cannot Be Relied On To Hold Accused Guilty: Punjab & Haryana High Court
The Punjab & Haryana High Court while directing to release an accused convicted for dishonestly receiving property stolen in the commission of a dacoity on the basis of extra-judicial confession, observed that confession made in police custody cannot be relied to hold the accused guilty.Justice Pankaj Jain relying on the landmark decision of Aghnoo Nagesia v. State of Bihar [(1966) 1 SCR 134] said, "confession made by accused in police custody cannot be relied upon to hold appellant...
Credit Available On Advance Tax Paid For Stock-Transferred: Kerala High Court
The Kerala High Court has held that the petitioner will be entitled to credit for the entire amount paid in terms of Circular No. 50/2006 for the goods in question, which were stock-transferred to its branch office in Pollachi.The bench of Justice Gopinath P. has observed that a combined reading of the provisions of Circular No. 50/2006 and the definition of input tax in Section 2(xxiii) of...