High Courts
"Narco-Terrorism, Destroys Life Of Youth": P&H High Court Flags Issue Of Weapons, Drugs Being Sent Across Border Via Drones
Observing that it is a clear case of "narco-terrorism", the Punjab & Haryana High Court has refused to grant bail to a man booked under the NDPS Act and Arms Act for allegedly being involved in transporting drugs from drone across the border.Justice Jasjit Singh Bedi said, "Weapons and drugs are coming in across the border via drones. The weapons are used by terrorists and organized...
Vertical Reservation In Asst Teacher Recruitment Applicable Only After Considering All Qualifications Including Exam Marks: Allahabad HC
The Allahabad High Court has held that reservation under Section 3(6) of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 in the selection of Assistant Teachers in the State shall be applicable at the stage of preparation of merit list after including the result of the Assistant Teachers Recruitment Examination...
Mere Occasional Misbehaviour Or Harassment Does Not Amount To Abetment To Suicide: Madhya Pradesh High Court
The Madhya Pradesh High Court at Gwalior set aside charges framed under Section 306 of the Indian Penal Code, stating that mere occasional harassment or misbehaviour does not amount to abetment to suicide.A single-judge bench of Justice Sanjeev S. Kalgaonkar observed that for an offence of abetment to be made out, there must be a clear and intentional act of instigation or incitement.The...
Motor Vehicles Act Does Not Mandate Re-Registration Fee: J&K High Court Quashes 9% Tax Demand On Vehicle from Haryana
The High Court of Jammu and Kashmir and Ladakh has clarified that once a motor vehicle is registered upon payment of the prescribed fee under the Central Motor Vehicles Act, 1988, such registration is valid throughout India, and there is no provision for re-registration or the imposition of additional fees upon re-registration.Striking down the imposition of a 9% token tax on a vehicle...
Law Does Not Prescribe Small Or Commerical Quantity For Opium Poppy Cultivation: Madhya Pradesh HC Allows Bail For Accused In NDPS Case
The Madhya Pradesh High Court recently granted bail to an accused in a case involving the cultivation of opium poppy under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Justice Vishal Dhagat held that due to the lack of specified quantity, either small or commercial for opium poppy within the legislation, Section 37 of the NDPS Act will not be attracted in this case. It was...
Jharkhand High Court Orders State To Ensure Immediate Water Supply For Pakur District Residents, Criticizes Failure To Provide Safe Drinking Water
The Jharkhand High Court during a recent hearing, criticised the state government for not being able to provide safe drinking water to the residents of Pakur district of the State.The court directed the State to make arrangements for an alternative method for water supply in the affected regions.The above development occurred during the hearing of a Public Interest Litigation (PIL) filed by...
Agreement To Withdraw Prosecution In Rape Case Is Opposed To Public Policy: Kerala High Court Declines To Quash Proceedings
The Kerala High Court held that an agreement entered between the complainant and accused to withdraw prosecution in an offence of rape is void in the light of Section 23 of the Indian Contract Act.As per Section 23 of the Contract, if the court regards that the object of an agreement is opposed to public policy, the agreement is void. Here the Court held that the agreement will stifle...
Fair Trial Includes Fair Opportunity For Both Sides: Gauhati HC Sets Aside Trial Court Order Closing Evidence Of Party For Not 'Taking Steps'
The Gauhati High Court recently set aside the orders passed by a Civil Court by which it had closed the evidence of the plaintiff's side for not taking any steps, on the ground that a fair trial includes affording a fair opportunity to both the parties to prove their respective cases.The single-judge bench of Justice Robin Phukan observed:“It is well settled that right to fair trial is a...
No IGST Is Payable On Ocean Freight Under Reverse Charge Mechanism; Madras High Court Directs Refund
The Madras High Court has directed the department to refund the GST paid by the assessee on the ocean freight under the reverse charge mechanism.The bench of Justice Mohammed Shaffiq has relied on the decision of the Supreme Court in the case of Mohit Minerals Private Limited, in which it was held that no IGST is payable on ocean freight under the reverse charge mechanism for cost, insurance,...
RG Kar Hospital Rape-Murder: Plea In Calcutta High Court Flags State Govt's SIT Probe Into Ex-Principal, Calls It An "Eyewash"
The Calcutta High Court on Wednesday took up a matter on the incident of rape and murder of a resident doctor at RG Kar medical hospital in Kolkata. The incident was followed by widespread vandalism of the hospital which occurred on a night of protest against the incident on 14th August.Earlier, the High Court had transferred the probe into the rape and murder to the CBI. Subsequently, the...
Commercial Tax Officer Not Obligated To Physically Verify E-Way Bills: Madras High Court
The Madras High Court has quashed the suspension order of a commercial tax officer who issued refunds to fake exporters without verification.The bench of Justice N. Anand Venkatesh has observed that, as a quasi-judicial authority, if the petitioner has fulfilled all the requirements that are provided under the relevant Act and the circular, that by itself is sufficient compliance before...
Merely Inserting Wakf Board's Name In Revenue Records Of Land Will Not Lead To Conclusion That It Is Wakf Property: Karnataka High Court
The Karnataka High Court has said that on the mere deletion of the name of a private owner in revenue records by the Tahsildar and inserting the name of the Wakf board, without carrying out an inquiry for determination of title, the property cannot be said to be a wakf property.A single judge bench of Justice Suraj Govindaraj held thus while allowing a petition filed by one Chennamma and...