High Courts
Allahabad High Court Bars Lawyer's Entry In New Chamber Block As He Filed PILs Opposing Its Construction
Earlier this month, the Allahabad High Court imposed cost of Rs. 40,000, which was subsequently recalled, on a practising Advocate who had filed a public interest litigation seeking action against Larsen & Tubro involved in the construction of the new parking and lawyer chambers block coming up in the HC premises.The bench comprising of Justice Mahesh Chandra Tripathi and Justice...
12% GST Applicable On Geo Membrane For Waterproof Lining Fabrics, Not 18%: Gujarat High Court Directs Refund Of Excess GST Paid
The Gujarat High Court has ruled that the Geo Membrane, a textile fabric used for waterproof lining, is subject to a 12% GST rate rather than the previously applied 18%. The court has directed the GST department to refund the excess 6% GST paid by the petitioner.The case involved a partnership firm that manufactures Geo Membrane, a type of textile fabric. The firm is registered under the...
Not Filing Separate Appeals Against Dismissal Of Suit And Decree In Counter Claim Acts As Res Judicata: Himachal Pradesh High Court
The Himachal Pradesh High Court recently clarified a key procedural aspect of civil litigation, emphasizing that when a trial court passes separate decrees on a suit and a counterclaim, each decree must be contested through separate appeals. Filing a single appeal against both decrees can lead to the application of the doctrine of res judicata, barring the challenge to one of the decrees,...
Karnataka High Court Reserves Order On Plea Seeking Action On Complaint Against OLA Cab Driver For Allegedly Sexually Harassing Female Commuter
The Karnataka High Court on Tuesday reserved its order on a petition filed by a woman seeking inquiry on a complaint under the POSH Act against an OLA cab driver who allegedly sexually harassed her during a trip in 2019. A single judge bench of Justice M G S Kamal heard the parties and reserved the order. The petitioner was allegedly subjected to sexual harassment in 2019 and her complaint...
Right To Personal Liberty Shouldn't Be Narrowed: Madras High Court Orally Criticises State For Casual Use Of Preventive Detention Laws
The Madras High Court on Tuesday orally criticized the Tamil Nadu government for invoking the Preventive Detention Laws at the drop of a hat when there was only “mere apprehension” of disturbing public order. The bench of Justice SM Subramaniam and Justice V Sivagnanam advised the State Public Prosecutor Hasan Mohammed Jinnah to instruct the department to desist from using the...
[NDPS Act] Suspension Of Earlier Sentence Does Not Wipe Out Conviction, Can't Say Accused's Credentials Are 'Clean': Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that suspension of the previous sentence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) does not wipe out the conviction and it cannot be said that the credentials of the accused seeking bail is clean.The Court rejected the bail plea of the man allegedly involved in trading contraband inside jail in...
Amendment To Punjab Cooperative Societies Agricultural Rules Lowering Employees' Retirement Age Needs To Be Tabled Before State Assembly: High Court
The Punjab & Haryana High Court has made it clear that the amendment made in the Punjab State Cooperative Agricultural Service Societies Service Rules by the Registrar which lowered the retirement age of employee from 60 yrs to 58 yrs needs to be tabled before the State Legislative Assembly.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "Resultantly, the respondent concerned,...
No Independent Dispute Redressal Institution Recognised By Government In Kolkata, Parties Should Approach Court Under Section 11 For Appointment Of Arbitrator: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that SAMA, an Online Dispute Resolution (ODR) platform, is not an independent Dispute Redressal Institution duly recognized by the Government of India in Kolkata. Therefore, the bench held that party should approach the court for the appointment of an arbitrator in view...
Entry In Revenue Records Does Not Confer Ownership, Civil Court Appropriate Forum To Decide Title Dispute: Himachal Pradesh High Court
The Himachal Pradesh High Court has ruled that entries made in revenue records, such as mutations, do not confer ownership or title to property. Instead, such entries serve only a fiscal purpose, primarily for paying land revenue.The Court clarified that any disputes concerning the ownership or title of property, especially when based on contested documents like Wills, must be resolved by...
Bombay HC Imposes 10K Cost On PIL For Setting-Up 'Anti-Organized Crime Unit' At Aarey Milk Colony, Constituting 'Cave Temple Commission'
The Bombay High has dismissed with costs a 'frivolous' PIL which sought constitution of an 'Anti-Organized Crime Unit' at the Aarey Milk Colony, constitution of a 'Bombay Cave Temple Commission' and a 'Transnational Sanatan Commission' along with other diverse prayers.“Having devoted considerable time in hearing such pleas, we find it extremely difficult to comprehend and understand the...
Only Gender Centric Offences Excluded From Plea Bargaining: Madras High Court Lays Down Suggestions For Trial Courts
The Madras High Court has emphasised that the term “offences against women” which is excluded from plea bargaining would mean only gender-centric or gender-neutral offences and not non-gender offences committed against women. “Offences like harassment to woman under the Special Act or sexual offences, criminal force and assault against woman or offences related to marriage were...
Accused Falsely Implicated For Govt Compensation: Allahabad HC Acquits Man In 100 Yr Old Woman's Murder, Attempted Rape Case
The Allahabad High Court last week acquitted a man accused of murdering and attempting to rape a 100-year-old woman in 2017 after noting that the evidence indicated that the deceased died due to 'septic shock' and not due to any blow or injury. The Court also considered the fact that the trial court itself had expressed its opinion that no sperm or semen was found on any object, nor...