High Courts
Word 'Approved' By PCCIT For Reopening Of Assessment Not Enough, Reasons Necessary, Delhi High Court
The Delhi High Court has held that mere appending of the word “approved” by the PCCIT while granting approval under Section 151 of the Income Tax Act to the reopening under Section 148 is not enough.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that while the Principal Chief Commissioner of Income Tax (PCCIT) is not required to record elaborate reasons, he...
Grindr App Used To Commit Offence: Madras High Court Asks Centre To Take Appropriate Action Against App Including Blocking
The Madras High Court recently observed that the popular gay dating app, Grindr was being used for illegal activities. The court was hearing a bail petition of a man who was accused of sexually abusing and robbing another man through the app. The court thus suggested the Investigating officer to report to the Ministry of Electronic & Information Technology so that it could...
Non-Submission Of “Bill Of Export” Can't Be Treated As Non-Discharge Of Export Obligation, If Supply To SEZ Unit Is Proved: Bombay High Court
The Bombay High Court has held that if the party is able to show proof of supply to the Special Economic Zone (SEZ) Unit, then non-submission of the “Bill of Export” cannot be treated as non-discharge of proof of export obligation (EO).The bench of Justice K. R. Shriram and Justice Jitendra Jain has observed that failure to produce a copy of the assessed bill of export in respect of...
Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High Court
In a significant ruling, the Nagpur bench of the Bombay High Court held that if a boy repeatedly follows a minor girl to talk to her, to express his love for her and then boast that one day she will accept his love, shows that his intention was not good and the same would amount to sexual harassment under the Protection Of Children from Sexual Offences (POCSO) Act.Single-judge Justice...
Bombay HC Raps IO For 'False Replies' Over Sexual Assault Investigation, Orders State To Explain 'Lacunae' In Probing Crimes Against Women
The Bombay High Court recently took note of the 'deficiencies' in the investigations pertaining to offences against women and directed the Additional Chief Secretary to file an affidavit explaining why the police investigation in such serious offences lacks the 'basic tenets of investigation.'A division bench of Justices Ajay Gadkari and Dr Neela Gokhale took exception to a 'shoddy' probe in...
Allahabad High Court Weekly Round-Up : August 12 To August 18, 2024
NOMINAL INDEX Vinay Kumar v. Suman 2024 LiveLaw (AB) 500 Suraj Pal Singh v. Union Of India And Another 2024 LiveLaw (AB) 501 Ajeem vs. State of U.P 2024 LiveLaw (AB) 502 Vijay Pratap Singh vs. Union Of India And Another 2024 LiveLaw (AB) 503 Ram Niwas Singh And 5 Others v. State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko And 5 Others 2024 LiveLaw (AB)...
Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court
The High Court of Jammu & Kashmir and Ladakh at Srinagar has underscored the importance of "due diligence" in determining the admissibility of amendment applications filed after the commencement of a trial.A bench of Justice Sanjay Dhar emphasized that while the power to allow amendments is broad, it is subject to the condition that the applicant demonstrates sufficient diligence in...
Limitation Act | Justice-Oriented Approach Though Liberal, Cannot Be Used To Defeat Substantial Law: Himachal Pradesh High Court
The Himachal Pradesh High Court, in a recent judgment held that though the justice-oriented approach in dealing with condonation of delay is liberal, it cannot be used to defeat the provisions of substantial law.The judgment, delivered by Justice Jyotsna Rewal Dua, revolves around the interplay between Sections 3 and 5 of the Limitation Act.Justice Dua reiterated the principle put forward by...
Proceedings To Attach Property U/S 146 CrPC Can't Be Initiated Once Right To Possession Has Been Decided By Court: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that the proceedings under Section 145, 146 CrPC cannot be initiated once the right to possession of the property has been decided by the Court.Section 145 CrPC prescribes the procedure to be followed by the Magistrate in case there is a dispute concerning land and Section 146 gives the power to attach the subject of dispute and to appoint...
Children With Disabilities Should Not Be Treated With Embarrassment Or Stigma: Jharkhand High Court Acting CJ Sujit Narayan Prasad
Jharkhand High Court's Acting Chief Justice Sujit Narayan Prasad on Saturday called for a shift in societal perceptions, urging that children with disabilities should not be treated with any sense of embarrassment or as being differently-abled. He stressed upon the importance of providing them with opportunities and protecting their rights, ensuring their full participation in society without...
Writ Petition May Be Maintainable, But Court Can Refuse To Entertain It Under Article 226 Discretionary Powers: Telangana High Court
While hearing a writ petition against an eviction order challenged on the ground of procedural irregularities, the Telangana High Court highlighted the distinction between the maintainability and entertainability of a writ petition, shedding light on the discretionary powers of the Court under Article 226 of the Constitution of India.A single judge bench of Justice K Lakshman held that while...
'Father', 'Maulana' Or 'Karmkandi' Who Converts Anyone By Force Would Be Liable Under UP Anti Conversion Law: Allahabad HC
The Allahabad High Court has observed that a person of any religion and by whatever name he is called, such as Father, Karmkandi, Maulvi or Mulla, etc., would be liable under the UP 'Anti Conversion' Act if he converts any person by force, misrepresentation, fraud, undue influence, coercion and allurement. A bench of Justice Rohit Ranjan Agarwal observed this while denying bail to...