High Courts
KSFE Entitled To Resort To Revenue Recovery Proceedings Under Kerala Revenue Recovery Act, Not Barred By Chit Funds Act: Kerala High Court
The Kerala High Court has held that the Kerala State Financial Enterprises Limited (KSFE) is entitled to resort to revenue recovery proceedings under the Kerala Revenue Recovery Act 1968 for recovery of dues from subscribers as it has been designated as a notified institution under Section 71 of the Act.Section 71 of the Kerala Revenue Recovery Act provides power to the government to declare...
Allahabad High Court Denies Relief To Choreographer Remo D'Souza In 2016 Cheating Case
Last week, the Allahabad High Court dismissed a quashing petition filed by Bollywood choreographer and Film Director Remo D'Souza in connection with a 2016 cheating case. A bench of Justice Rajeev Misra dismissed his plea, noting that since D'souza had failed to challenge the chargesheet filed against him in the matter, no relief, as he had prayed for, could be...
Bombay High Court Weekly Roundup: 19 August – 25 August, 2024
Citations: 2024 LiveLaw (Bom) 432 To 2024 LiveLaw (Bom) 442Nominal IndexArihant Developers Versus Principal Commissioner of Income Tax, 2024 LiveLaw (Bom) 432Akhil Bharatiya Grahak Panchayat Thou Their Sanghatak vs. State Of Maharashtra Through Their Chief Secretary, And Ors, 2024 LiveLaw (Bom) 433Samp Furniture Pvt. Ltd. Versus Income Tax Officer, 2024 LiveLaw (Bom) 434Crimeophobia –...
Calcutta High Court Weekly Round-Up: August 19th To August 25th, 2024
Nominal IndexBhubaneshwari Seafood Private Limited And Anr. Vs Ugro Capital Limited Citation: 2024 LiveLaw (Cal) 188Dr. Sandip Ghosh & Anr. Vs. Union of India & Ors Citation: 2024 LiveLaw (Cal) 189M/S. Siemens Healthcare Private Limited Vs Sun Hospital And Ors. Citation: 2024 LiveLaw (Cal) 190Arup Mallick versus Commissioner, Commercial Taxes and State Tax, & Ors. Citation:...
Fully Cross-Examined Witness Cannot Be Recalled To Resile From Earlier Testimony Given Before Court: MP High Court
The Madhya Pradesh High Court has made it clear that a witness who has been fully examined by the trial court cannot be recalled merely on the ground that such witness later resiled from his/her deposition.The bench of Justice Dinesh Kumar Paliwal observed, "no prosecution witness can be called for examination/cross-examination merely because he/she filed affidavit contrary to his deposition...
Prosecution Case Not To Be Doubted If Offending Weapon Not Found: J&K High Court Upholds Life Sentence In 31-Yr-Old Murder Case
The Jammu and Kashmir and Ladakh High Court has upheld the life imprisonment sentence in a 1993 murder case, stressing that the absence of a proven weapon does not automatically render the prosecution's case suspicious.A bench comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta observed, "Even if the gun purported to have been used in the occurrence is not proved in a...
Abandoning Spouse Without Reason Cruelty, Constitutes Death Of Spirit & Soul Of Hindu Marriage: Allahabad High Court
The Allahabad High Court has held that leaving a spouse in a Hindu Marriage without any justifiable reason amounts to cruelty towards the spouse who has been left alone.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing...
Kerala High Court Weekly Round-Up: August 19 -25, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 536 – 547]Sham P S v State Bank of India, 2024 LiveLaw (Ker) 536Mary Queens Mission Hospital Versus The Commissioner Of Income Tax (Exemption), 2024 LiveLaw (Ker) 537P.C. Varghese Muthalali v State of Kerala, 2024 LiveLaw (Ker) 538Mary Baby v State of Kerala, 2024 LiveLaw (Ker) 539Ibnu Shijil v State of Kerala, 2024 LiveLaw (Ker) 540P V...
Officers Should Not Pass Such Orders Which Highlight Their Incompetence: Allahabad High Court
The Allahabad High Court has expressed displeasure at the decision of the District Inspector of Schools rejecting the transfer application of an Assistant Teacher despite meeting the criteria for transfer. The application was rejected on grounds that the Headmaster was busy in official work of the DIOS and District Magistrate.Justice Rohit Ranjan Agarwal observed, “this Court...
Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court
Upholding the acquittal of two individuals accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the Jammu and Kashmir and Ladakh High Court has underscored the prosecution's obligation to demonstrate that the contraband was kept in safe custody and that samples were forwarded to the Forensic Science Laboratory (FSL) without delay.A bench comprising Justices...
Road Accident | No Compensation For “Future Prospects” In Case Of Child's Death: Rajasthan High Court Reiterates
Rajasthan High Court has reiterated that in case of death of a child in a motor vehicles accident, the compensation cannot be awarded for such death under the head of “future prospects”.The bench of Justice Nupur Bhati relied upon Rajendra Singh & Ors. v. National Insurance Company Ltd. in which the Supreme Court had rejected the argument of increasing the compensation awarded to...
Delhi High Court Convicts Two Men In Head Injury Case After 15 Years
The Delhi High Court has recently overturned acquittal of two men and convicted them after over 15 years for intentionally inflicting injury on a man's head with a sharp object that could have resulted in his death.Justice Neena Bansal Krishna set aside the acquittal order passed by the trial court on October 01, 2008, and convicted both the accused persons for the offences under Section...