High Courts
[POCSO] Accused's Culpable Mental State Cannot Be Considered At Pre-Trial Stage: Kerala High Court Dismisses Discharge Plea
The Kerala High Court has held that the culpable mental state of the accused cannot be considered at the pre-trial stage when the prosecution makes out a prima facie case.The Court was considering whether culpable mental state under the POCSO Act could be considered at the time of discharge or quashment of the proceedings against the accused. Justice A. Badharudeen observed that the...
Bombay High Court Imposes Fine On JAO & Chief Commissioner For Disregarding Binding Judgement
The Bombay High Court has imposed a fine of Rs. 25000/- on the Jurisdictional Assessing Officer (JAO) for disregarding the binding judgment passed in the case of Hexaware Technologies Limited vs. Assistant Commissioner of Income Tax & 4 Ors., in which it was held that under the faceless assessment scheme introduced by Section 151A of the Income Tax Act, 1961, the National Faceless...
Section 80-IA(7) Deduction Can't Be Denied For Failure To Digitally File Audit Report: Delhi High Court
The Delhi High Court has held that the deduction under Section 80-IA(7) of the Income Tax Act cannot be denied for the mere failure of the assessee to digitally file an audit report.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that Audit Report was duly furnished to the AO and was available to be scrutinised and examined by that authority during the...
Bombay High Court Disposes PIL Against Use Of Laser Beams And Loud Sound Systems During Festivals
The Bombay High Court has disposed a PIL against the usage of laser beams and loud sound systems during religious processions and other ceremonies.The Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar had heard the matter on August 16. The petitioner had argued that the hazardous laser beams used in festivals resulted in loss of eyesight in several...
Amount Paid For Obtaining Mining Rights In E-Auctions Can't Be Construed As Income; Delhi High Court Quashes Reassessment Order
The Delhi High Court has quashed the reassessment order and held that the amount paid for obtaining mining rights in e-auctions cannot be construed as income.The bench of Justice Yashwant Varma and Justice Tara Vitasta Ganju has observed that the Department of Mines and Geology had merely provided to the AO the total amount paid by the petitioner for obtaining mining rights in the e-auctions...
Advocate Pasala Ponna Rao Appointed As Deputy Solicitor General For Andhra Pradesh High Court
A new Deputy Solicitor General has been appointed to represent the central government before the High Court of Andhra Pradesh. Advocate Pasala Ponna Rao has been appointed Deputy Solicitor General, for the State of AP. Advocate Rao had been serving as the counsel for the Central Government when the President passed the upgradation order.Advocate Rao's tenure is expected to be for a period...
Court Cannot Interfere In Policy Sphere Of Govt, Instruct It To Provide Reservations: P&H HC Dismisses OBC Candidates' Pleas Seeking Reservation
The Punjab & Haryana High Court said that the Court cannot issue directions to the State for providing reservation to a particular class or category of citizens.Chief Justice Sheel Nagu and Justice Vikas Suri observed, "A writ of Mandamus can only be issued where a legal right vests in the petitioner and there is a violation of that right by the government. Where a legal right is violated...
Promotion Not Employee's Inherent Right, But Right To Be Considered For Promotion Accrues When Juniors Are Considered: Jharkhand High Court
The Jharkhand High Court has ruled that while promotion is not an employee's inherent right, the right to be considered for promotion arises when juniors are considered.The writ petition was filed by the Petitioner seeking a direction for the Respondent-State to review his case for promotion to the position of Assistant Engineer. The Petitioner argued that despite being eligible for...
Karnataka High Court Directs BBMP To Prepare Draft MoU For Handing Over Maintenance Of Lakes To Private Parties
The Karnataka High Court on Monday permitted the Bruhat Bengaluru Mahanagara Palike (BBMP) to prepare a draft Memorandum of Understanding (MoU) which it would enter into with third parties under the new policy formulated by it, which permits the corporation to hand over 205 lakes for maintenance and preservation, by issuing tenders.The court gave these directions while hearing a batch of...
[PMLA] Order For Confiscating Property Is Not Interlocutory Since It Determines Interim Custody, Can Be Challenged In Revision Plea: P&H HC
The Punjab & Haryana High Court has made it clear that an order for confiscation of property passed by the trial court can be challenged in a revision plea before the High Court.In the present case, the property mortgaged in a Bank in lieu of credit facilities availed by an accused under the Prevention of Money Laundering Act, 2002 (PMLA), was confiscated by the Enforcement Directorate...
Kerala High Court Weekly Round-Up: August 12- August 18, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 523-535]K P Aliyar v State of Kerala, 2024 LiveLaw (Ker) 523Malayala Manorama Co. Ltd v State of Kerala, 2024 LiveLaw (Ker) 524Shaji M. v State of Kerala, 2024 LiveLaw (Ker) 525K. P. Mohammed Mustafa v Najeeb Kanthapuram and Others, 2024 LiveLaw (Ker) 526Shiyas S v State of Kerala, 2024 LiveLaw (Ker) 527Sayyid Imbichi Koya Thangal @ Bayar Thangal...
Madras High Court Weekly Round-Up: August 12 to August 18, 2024
A weekly round-up of important cases from the Madras High Court Citations: 2024 LiveLaw (Mad) 307 To 2024 LiveLaw (Mad) 317 NOMINAL INDEX The Official Assignee v S Arjunlal Sunderdas (Died) and Others, 2024 LiveLaw (Mad) 307 Kannan Swaminathan v Union of India and Others, 2024 LiveLaw (Mad) 308 T Balaji v The State, 2024 LiveLaw (Mad) 309 D Kumaresh v The Chief Secretary,...