High Courts
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...
Courts Cannot Be Silent Spectators Or Loudspeakers To Echo Whatever Is Written In Chargesheet: Delhi High Court
The Delhi High Court has recently observed that Courts cannot be silent spectators or loudspeakers to echo whatever has been presented before them in the chargesheet.Justice Neena Bansal Krishna made the observation while discharging two brothers for the offence of attempt to murder. One of the brothers was also discharged of the offence of Section 27 of the Arms Act. The incident happened...
"No Fundamental Right To Demand Laws Titled In Familiar Languages": Kerala HC On 'Hindi' Names Of New Criminal Laws
The Kerala High Court dismissed a Public Interest Litigation filed by a lawyer challenging the Hindi titles given to the new criminal laws, The Bharatiya Nagarik Suraksha Sanhita, The Bharatiya Nyaya Sanhita and The Bharathiya Sakshya Adhiniyam.The Division Bench comprising Acting Chief Justice A Muhamed Mustaque and Justice S Manu observed that citizens have no fundamental right to demand...
Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court
The Delhi High Court has recently observed that the Competition Commission of India (CCI) must honour the outcomes of mediation and respect the settlements reached between the parties. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said regulatory authorities such as the CCI are no exception to mediation process and settlements.“By doing so, they not only...
Kerala Govt Land Assignment Act | Assignee Bound By Restrictions & Limitations Prescribed In 'Patta' Or Other Assignment Documents: High Court
The Kerala High Court held that the assignee of Government land is bound by restrictions, limitations and conditions prescribed in the patta or other documents of assignment as per the provisions of the Land Assignment Act and rules made thereunder. The petitioner obtained land from the government under the Kerala Government Land Assignment Act, 1960. She is aggrieved by the order of...
MV Act | Light Motor Vehicles License Sufficient For Driving Transport Vehicles Below 7500 Kgs, No Separate License Needed: Rajasthan High Court
The Rajasthan High Court has affirmed that a transport vehicle weighing less than 7500 Kgs does not need a separate driving license other than the one issued under Section 10(2) of the Motor Vehicles Act, 1988 (“the Act”) for driving a Light Motor Vehicle (“LMV”).“That there is no requirement to obtain a separate endorsement to drive transport vehicle, and if a driver is holding...
Nine Additional Judges Of Allahabad High Court Made Permanent
Acting on the Supreme Court Collegium's recommendation made last week to make Nine Additional Judges of the Allahabad High Court permanent Judges, the Central Government today notified their appointments. They are:(i) Justice Syed Qamar Hasan Rizvi,(ii) Justice Manish Kumar Nigam,(iii) Justice Anish Kumar Gupta,(iv) Justice Nand Prabha Shukla,(v) Justice Kshitij Shailendra,(vi) Justice...
Allahabad High Court Denies Bail To Man Accused Of Committing Unnatural Sex With Cows
The Allahabad High Court last week denied bail to a man accused of committing unnatural acts with cows. Accused-Harikishan was arrested in June 2023 after an FIR was lodged against him under Section 377 IPC, alleging that he had been seen committing unnatural acts with the cows. He moved the instant second bail plea before the High Court, wherein his counsel argued that...
Power Of Attorney Holder Who Is Also Manager Of A Trust Is Its Trustee, Can Lead Evidence On Its Behalf: Rajasthan High Court
The Rajasthan High Court has recently observed that a power of attorney holder of a trust who is also its manager holds the capacity of a trustee and so can depose as well as lead evidence on behalf of the trust.A single judge bench of Justice Rekha Borana made the observation while hearing a plea moved by the petitioner trust–Shri Ramniwas Dham Trust, through its Power of Attorney...
A Person Cannot Be Prosecuted For Consumption Of Narcotic Drug On The Basis Of Smell Of His Breath: Kerala High Court
Kerala High Court has held that a person cannot be booked for consuming narcotic drug on the basis that the investigation officer smelt the substance from his breath. The Court observed that if it is allowed, a situation will arise where the investigating officer can prosecute anyone as an accused under Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). It was noted that...
Nullity Of Marriage Doesn't Bar Wife From Claiming Maintenance: Madras High Court
While refusing to interfere with an order granting maintenance to the wife, the Madras High Court said that it was a settled position that even if a marriage was declared null by a competent court, it would not bar the wife from claiming maintenance. “Now even more or less well settled to the effect that nullity of marriage even if it is declared by a competent civil court is not a...