High Courts
Lawyer Moves Kerala High Court Seeking Implementation Of E-Stamp Facility, Cites Shortage Of Non-Judicial Stamp Papers
A plea has been moved before the Kerala High Court by a lawyer stating that there is a shortage of non-judicial stamp papers below the denomination of rupees thousand in the State.The plea thus seeks a direction to the Director of the Department of Treasuries to implement steps for the implementation of the e-stamp facility for the issuance of non-judicial stamp papers of all denominations...
No Fundamental Right To Elect Or Be Elected: Kerala High Court
The Kerala High Court has held that the Court have to strictly go by the law and cannot apply rules of equity in an election matter. The Court held that right to elect though fundamental to a democracy is neither a fundamental right neither a common law right.Justice C. S. Sudha observed:“Outside of statute, there is no right to elect, no right to be elected and no right to dispute an...
Gujarat HC Orders Inquiry Into Windmill Installations Near Bhavnagar Villages Over Alleged Violations Of Noise Mitigation Guidelines
The Gujarat High Court has issued a directive to the Chairman of the Gujarat Energy Development Agency (GEDA) to investigate the permissions granted for windmill installations in Bhavnagar villages. This directive follows a public interest litigation (PIL) filed by Vikrambhai Nanjibhai Dabhi, a resident of Village Dakana and Chairman of the Public Health Committee, District Panchayat,...
Kallakurichi Hooch Tragedy | Financial Relief Not 'Reward' For Victims But To Help Dependents: Madras HC Dismisses Plea Challenging ₹10 Lakh Compensation
The Madras High Court recently dismissed a petition challenging the payment of Rs 10 Lakh as ex gratia payment to the families of Kallakurichi Hooch tragedy victims. Justice SS Sundar and Justice N Senthilkumar dismissed the plea after noting that the ex gratia payments were made on humanitarian grounds. The court noted that the relief was to reward the victims but to help the...
GST Not Payable On Consideration against 'Works Contract ' Executed In Maldives: Telangana High Court
The Telangana High Court has held that GST is not payable on consideration received towards 'works contract service of construction' executed in the Maldives.The bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao has observed that the location of immovable property is located in the Maldives or outside India. Hence, the place of supply shall determine the 'location of...
Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code (CrPC) cannot be allowed in cases where such applications are filed only to drag the proceedings/trial.A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by one Stanly Kirthiraj challenging the order of the trial court rejecting his application seeking to recall the...
Goods In Transit Without Documents, Can Survey Business Premises To Find Correctness Of Transaction: Allahabad High Court
The Allahabad High Court has held that if the goods in transit are not accompanied by proper documentation, including e-way bill, the authorities can survey the business premises of the assesee to determine the correctness of the transaction. However, it was held that if the e-way bill was produced before passing of seizure order under Section 129 of the Goods and Service Tax Act, 2017,...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up August 5th - August 11th 2024
Nominal Index:Nazir Ahmad Mir Vs State of J&K 2024 LiveLaw (JKL) 219Abdul Qayoom Mugloo Vs Irfana & Ors 2024 LiveLaw (JKL) 220Bashir Ahmad Sheikh Vs Mehran Ibn Bashir and Ors 2024 LiveLaw (JKL) 221R6 Technologies Private Vs UT of J&K 2024 LiveLaw (JKL) 222Abrar Ahmad Tantray Versus State of J&K 2024 LiveLaw (JKL) 223Gautam Anand Vs Union Of India 2024 LiveLaw (JKL) 224Dr...
Contribution For Community Services By Employer Under MOU With Workers Union Is Business Expenditure : Bombay HC
The Bombay High Court recently held that contribution to public welfare fund, if connected with or related to carrying on assessee's business, or if it results in benefits to assessee's business, should be allowable deduction u/s 37. The High Court held so while deciding on the taxability of the contribution made by the employer/assessee (Tata Engineering & Locomotive) to its...
Allahabad High Court Holds Deputy Commissioner Of Income Tax Guilty Of Contempt
The Allahabad High Court has held Retired Deputy Commissioner Of Income Tax Range 2 guilty of contempt of Court under Section 12 of the Contempt of Courts Act, 1971 for assuming jurisdiction in respect of the assesee-applicant in respect of a different assessment year when the Writ Court had directed that he has no jurisdiction in respect of the assesee. While directing...
[Triple Talaq] Legislature Has Prohibited Instantaneous & Irrevocable Divorce, Other Forms Of Talaq Still Valid: Himachal Pradesh High Court
The Himachal Pradesh High Court has clarified that the legislative prohibition under the Muslim Women (Protection of Rights on Marriage) Act, 2019, is specifically aimed at Talaq-e-Biddat or any other similar forms of instantaneous and irrevocable divorce.The court ruled that the Act does not extend to other forms of divorce like Talaq-e-Hasan, which allows for revocation during the...
Court Cannot 'Stamp' Polygamous Relation Between Married Persons: P&H HC Declines To Accept Compromise Plea By Man Booked For Raping Live-In Partner
The Punjab & Haryana High Court has refused to grant anticipatory bail to a man accused of raping his live-in partner. It was submitted that the matter was later compromised between the live-in couple who were already married to their respective spouses. In view of the compromise, the accused filed a second appeal against the order rejecting his pre-arrest bail.Justice Harpreet Kaur...