High Courts
AO Ought To Grant TDS Credit In Compliance Of ITAT's Directions: Delhi High Court
The Delhi High Court has held that the Assessing Officer (AO) ought to grant TDS credit in compliance with the Income Tax Appellate Tribunal's (ITAT's) directions.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that the Tribunal had framed an unequivocal direction for the AO to verify and attend to the grievance of short credit of TDS, bearing in mind what...
Accused Lying Behind Bars Due To Baseless Allegations By Co-Accused, No Iota Of Evidence: Rajasthan HC Releases Man Booked Under NDPS Act
Rajasthan High Court has ruled that simply mentioning in the charge sheet that the offence under Section 29 of the NDPS Act was made out against an individual was not sufficient to keep that person behind bars until any material was attached to the charge sheet to show the involvement or participation of the individual.Section 29 of the NDPS Act lays down punishment for abetting or conspiring...
Pre-Arb Step(s) Cannot Be Treated As Mandatory If Could Not Be Fructified: Rajasthan High Court
The bench of Justice Sudesh Bansal at the Rajasthan High Court opined that where pre-arbitration steps mentioned in the agreement could not be fructified, it could not be held that those were mandatory in nature and in the event of failure of these no arbitration could be initiated. The Court held that it was a well settled principle of law that an arbitration agreement being a commercial...
Traffic Problems In Ahmedabad: Gujarat High Court Emphasises Implementation Of Rules, Setting Up Expert Body To Plan Road Infrastructure
While hearing a suo motu PIL pertaining to traffic congestion and its management in Ahmedabad, the Gujarat High Court on Thursday orally flagged certain aspects requiring attention including the implementation of existing rules, identification of an expert body for comprehensive planning of road infrastructure, manpower and use of technology.The matter arose after a PIL was moved by 20...
Luxury Cars Tax Evasion Case: Kerala High Court Exempts Union Minister Suresh Gopi From Personal Appearance
The Kerala High Court has exempted actor and Union Minister Suresh Gopi from personal appearance before the trial court until further orders in the luxury cars tax evasion case . The Additional Chief Judicial Magistrate for MP/ MLA Courts had ordered the actor to appear before the Court for framing of charges. The stay order was passed today by Justice C. Jayachandran.The actor and Union...
Caste-Based Preference In Appointments Can Only Be Granted If Minimum Educational Qualification Is Met: MP HC Quashes Termination Of ASHA Worker
The Madhya Pradesh High Court at its Jabalpur Bench, recently, quashed the termination of an Accredited Social Health Activist (ASHA) worker. The worker was terminated on account of a state policy giving preference to candidates from Scheduled Tribes (ST) in areas where their population exceeds 50%. The court held that the application of this policy was erroneous in this case due to...
Criminal Justice System Must Not Be A Casualty Of Compromise: J&K High Court Flags Routine Quashing Of FIRs Based On Settlement Between Parties
Emphasising the critical role of the criminal justice system in upholding societal order the Jammu and Kashmir and Ladakh High Court has recently ruled that criminal cases should not be routinely dismissed merely on the basis of mutual settlements between parties, as this could potentially lead to the erosion of the justice system.Addressing a petition seeking the quashing of an FIR on the...
Court Can Grant Ex-Parte Interim Maintenance U/S 125 CrPC Or Section 144 BNSS When Accentuating Facts Are Shown: Punjab & Haryana High Court
The Punjab & Haryana High Court has made it clear that the Court can grant "ex-parte ad-interim maintenance" under Section 125 CrPC or Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Justice Sumeet Goel clarified that "The Court ought to consider a plea, for grant of ex-parte ad-interim maintenance/ad-interim maintenance, in accordance with the well-established norms...
Madras HC Quashes POCSO Case Against Woman Who Alleged Mother & Sister Illegaly Retained Her Daughter's Custody, Orders Child To Be Returned
In an unusual order, the Madras High Court has invoked its extraordinary jurisdiction in a habeas corpus case, to quash the criminal proceedings initiated against a woman under the Protection of Children from Sexual Offences (POCSO) Act. The bench of Justice MS Ramesh and Justice Sunder Mohan were hearing an HCP filed by a woman for producing her 5-and-a-half-year-old daughter. The...
Bombay High Court Orders State To Create Social Media Handle For Citizens To Report Manual Scavenging
The Bombay High Court on earlier this week, ordered the Maharashtra government to create a social media handle, which could be used by citizens and also non-governmental organisations (NGOs) to report instances of 'manual scavenging' across the State. A division bench of Justices Nitin Jamdar and Milind Sathaye opined that such creation of the social media handle will help the District...
Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court
The Himachal Pradesh High Court has ruled that under Section 147 of the Negotiable Instruments Act, 1881, offences can be compounded even after the recording of a conviction by the court.Justice Sandeep Sharma delivered this judgment while hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 147 of the Negotiable Instruments Act. The...
'Injury Sufficient To Cause Death': Punjab & Haryana High Court Converts Culpable Homicide Charge To Murder Conviction, Awards Life Sentence
The Punjab & Haryana High Court has converted the conviction for culpable homicide not amounting to murder into murder, observing that the injuries inflicted on the body of the deceased were "sufficient to cause death in the ordinary course of nature."The convict was accused of murdering the deceased by hitting him with a broken glass bottle on the neck.Justice Sureshwar Thakur and...