High Courts
'Sudden Fight, No Premeditation': Rajasthan High Court Alters Husband's Murder Conviction For Throttling Pregnant Wife To Culpable Homicide
Rajasthan High Court has ordered the release of a man who was serving life imprisonment for last 10 years, after being convicted for murdering his pregnant wife.The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman, while hearing the appeal of the convict, altered the charge of the convict from murder to culpable homicide and reduced his sentence from life...
Gujarat High Court Dismisses Revenue's Appeal, Upholds ITAT Order Allowing Additional Depreciation U/S 32(1)(iia) For Oil Well Classified As 'Plant & Machinery'
The Gujarat High Court has ruled against the revenue's appeal regarding a decision by the Income Tax Appellate Tribunal (ITAT), which had permitted the assessee to claim additional depreciation on an oil well classified as 'plant & machinery' under Section 32(1)(iia) of the Income Tax Act, 1961.The core issue raised in the appeal was: “Whether in the facts and circumstances of the case,...
O6 R7 CPC | Consideration For Amendment Of Plaint And Written Statement Stands On Different Footing: J&K High Court Explains
Highlighting a crucial distinction in the legal process regarding amendments to pleadings the Jammu and Kashmir and Ladakh High Court has clarified that the consideration for the amendment of a Plaint and a Written Statement stands on different footings.A bench of Justice M. A Chowdhary observed that even an admission in the pleadings can be explained, and inconsistent pleas can be taken in...
S.420 IPC | Selling Property To Others Upon Suspicion Of Future Losses Cannot Save Such Assets, Can't Remain Rich "While Ruining Others": Rajasthan HC
Rajasthan High Court, while hearing an anticipatory bail application, observed that if a person speculates through someone else about incurring potential losses in future, and in consequence to that speculation disposes of his immovable property to near relative(s), then such properties cannot be saved later and the seller shall be responsible for the consequences since he cannot be allowed...
State Says No Infiltration Of Bangladeshis But Silent On Reason For Reduction Of Tribal Population In Some Areas: Jharkhand High Court
The Jharkhand High Court on Thursday expressed dismay at the State authorities' silence in their affidavits over the declining tribal population in the Santhal Pargana region. The remarks were made in the court's order passed while hearing a Public Interest Litigation (PIL) plea highlighting alleged illegal immigration from Bangladesh in the region.A division bench of Acting Chief Justice...
Labour Court Has Jurisdiction Over Disputes Regarding Workmen Of Vacuum Pan Sugar Factories: Allahabad High Court
The Allahabad High Court has upheld the jurisdiction of the Labour Court under the U.P. Industrial Disputes Act, 1947 regarding disputes of the workman of Vacuum Pan Sugar Factories whose working conditions are governed by the Standing Orders issued by the State Government from time to time.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that...
Minor Differences In Nomination Form Or Non-Disclosure Of Dues Not Substantial Defect To Materially Affect Election Result: Madhya Pradesh High Court
While dismissing two pleas challenging the election of Congress MLA Ajay Arjun Singh from Chaurhat constituency, the Madhya Pradesh High Court held that mere minor differences in nomination form or non disclosure of dues cannot be termed a "substantial defect" affecting the election result. A single judge bench of Justice Vishal Mishra observed that the election petitions alleged...
No Separate Toilets Or Lockups Available For Transgender Persons In Police Stations: Punjab Police Tells High Court
The Punjab Police has submitted before the Punjab & Haryana High Court that there is no provision for separate lockups or separate toilets available for transgender persons in the district police stations.In an affidavit submitted by Assistant Inspector General of Police, Punjab, it was stated that, "as per the information supplied by the field units it transpires that there is no...
'Better To Lose By Making Correct Statement Than To Lose Confidence Of Court': Orissa HC Denies Bail To Economic Offender For Misrepresenting SC Order
The Orissa High Court has denied bail to a person, accused of committing economic offences, for misleading the Court with regard to an order passed by the Supreme Court so as to obtain an adjournment and by playing such fraud, to extend the period of liberty.While deprecating such conduct on the part of the petitioner, the Single Bench of Justice Sangam Kumar Sahoo observed –“Truth...
Admin Must Justify Execution Of Work Contract Without Necessary Sanction, Contractor Not Responsible For Verifying Approval: J&K High Court
The High Court of Jammu and Kashmir and Ladakh has reiterated that it is not the contractor's responsibility to verify whether administrative approvals, technical sanctions, and other formalities are completed before undertaking any work.A bench of Justice Rajesh Sekhri underscored that the onus lies squarely on the administration to explain how the work was executed in the absence of...
Emergency Services Will Be Impacted, Life Of Entire Maharashtra May Come To A Halt: Bombay High Court on MVA's Maharashtra Bandh
The Bombay High Court on Friday (August 23) while restraining the Maha Vikas Aghadi (MVA) coalition from proceeding with its call for a 'Maharashtra Bandh' to protest the sexual assault of two kindergarten girls in Badlapur, said that such a 'Bandh' will halt the 'entire life of Mumbai.'A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar had pronounced its order...
Burden Of Proof To Establish Lack Of Means To Maintain Spouse Lies On Party Who Expresses Such Inability: Kerala High Court
The Kerala High Court held that in a suit for maintenance, it is upon the respondent to prove that he does not have enough means to maintain the claimant. The Court observed that evidence to prove the means of a person will be within his exclusive knowledge and therefore, it is upon him to disprove the claim put by the petitioner.A Division Bench of Justice Devan Ramachandran and Justice M....