High Courts
Prosecution Can't Rely On Dying Declaration Unless Accused Is Confronted With Its Contents: Allahabad High Court
The Allahabad High Court has observed that the prosecution cannot rely on a dying declaration unless an accused is confronted with its contents. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary observed thus while acquitting a husband and mother-in-law in connection with a dowry death case. The division bench noted that the contents of the dying declaration...
Any And Every Cruelty Or Harassment Of Wife Will Not Attract Section 498A Of IPC: Bombay High Court
The Bombay High Court on Monday (September 23) while acquitting a husband convicted for abetting the suicide of his wife by torturing her, held that section 498A of the Indian Penal Code (IPC) does not attract in any and every harassment or type of cruelty.Single-judge Justice Sanjay Mehare sitting at Aurangabad held that to convict a person under section 498A, the prosecution must...
India Must Honour Bilateral Agreements With US: Madras HC Denies Clearance Certificate To Man Who Supplied Helicopters To Iraq Despite US Sanction
The Madras High Court recently refused to grant a clearance certificate to a man against whom PMLA proceedings were initiated based on a letter from the US Government. Justice SM Subramaniam and Justice V Sivagnanam noted that the Enforcement Directorate had initiated an investigation based on a letter issued by the US Government and the Government of India had to honour the...
Govt Maintained Silence On Hema Committee Report For 5 Yrs, Allegations Came To Light Only After Court's Intervention: Kerala High Court
The Kerala High Court today expressed regret over the Government maintaining silence on the Hema Committee Report, which disclosed allegations of widespread sexual harassment and other issues faced by women in Malayalam film industry, for five long years.While dismissing the anticipatory bail plea of actor Siddique in a rape case, Justice C. S. Dias observed,"The Government of Kerala...
Educational Trust Using Earnings For Educational Advancement Entitled To Benefits Under Section 12AA Of Income Tax Act: Punjab & Haryana High Court
The Punjab and Haryana High Court ruled that an institute registered as an educational trust, using its earnings solely for educational advancement, should not be denied the benefits of Section 12AA of the Income Tax Act, 1961.The Bench of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “the institute is a duly registered educational trust and whatever earnings it receives...
“Notification Issued Without GST Council's Recommendation”: Gauhati HC Sets Aside Notification Extending Time Line For Issuance Of Order For A.Y. 2018-19 And 2019-20
The Gauhati High Court allowed the batch of writ petitions challenging the Notification No. 56/2023 dated 28.12.2023 extending the period of limitation for issuance of Order u/s 73(10) of the CGST Act, 2017 for the Assessment Year 2018-19 and 2019-20.The Court opined that the existence of the recommendation is a sine qua non for exercising the power under Section 168A to extend the timelines...
Transfer Valimiki Development Corporation Probe To CBI To Ensure Integrity Of Banking Industry: Union Bank Of India To Karnataka High Court
While emphasizing the need for transferring the investigation into the Valmiki Development Corporation "scam" to the CBI, the Union Bank of India told the Karnataka High Court on Tuesday (September 24) that the transfer is necessary to ensure that the integrity of the banking industry as a whole is maintained. A single judge bench of Justice M Nagaprasanna was hearing a petition by Union Bank...
Before Finalizing A Contract, Contractual Labourers Must Be Given An Opportunity Of Being Heard As Per Principles Of Natural Justice, Karnataka High Court
The Bengaluru Bench of Karnataka High Court has directed Hindustan Aeronautics Ltd, (appellant in the writ appeal) to revise the “Comprehensive Contract” in a manner accepted by law and to communicate it to the HAL Contract Workers' Association (respondents in the writ appeal).HAL was instructed to issue a preliminary notification to consider objections from people who might be...
Madras High Court Stays Instruction Of Specified Officer Removing General Insurance Services From Default List Of Input Services For GST Exemption
The Madras High Court has stayed an instruction issued by the Specified Officer, Office of Development Commissioner, MEPZ Special Economic Zone, through which the officer had unilaterally removed General Insurance services from the default list of input services which are eligible for GST exemption. Justice Anita Sumanth noted that assumption of jurisdiction by the specified officer...
Seniority Of Casual Labourers To Be Reckoned From Regular Appointment, Not From Date Of Screening/Temporary Status: Gauhati High Court
A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding writ petitions held that the seniority of casual labourers who are later absorbed in permanent cadre must be reckoned from the date of regular appointment and not from the date of screening or temporary status.Background FactsThe workmen were initially employed by the Northeast Frontier...
Injury Sustained While Undergoing Basic Training Attributable To Service Conditions, Employee Eligible For Disability Pension: Meghalaya High Court
A single judge bench of the Meghalaya High Court comprising of Chief Justice H.S. Thangkhiew, while deciding a writ petition held that if an employee sustained an injury while undergoing basic training, it is attributable to the service conditions and therefore, employee is eligible for the disability pension.Background Facts The employee was recruited into the Assam Rifles on March 12,...
Wife Compelled To Leave Matrimonial House Due To Husband's Extra Marital Affair Makes Her Victim Of Domestic Violence: Delhi High Court
The Delhi High Court has recently observed that a husband living with another lady and having a child with her makes the wife victim of domestic violence under the Domestic Violence Act. Justice Subramonium Prasad made the observation while rejecting a husband's plea against grant of monthly maintenance of Rs. 30,000 to his wife. He also challenged grant of Rs. 5 lakh to the wife for the...