High Courts
Kerala High Court Orders Counselling For Cousins Falsely Accused In POCSO Case, Calls State To Implement Guidelines To Prevent Misuse
The Kerala High Court has allowed the bail applications moved by two boys aged 19 and 20 years old, cousins of a 17-year-old girl who lodged a false POCSO case against them for objecting to her love affair.The petitioners were alleged to have committed rape, sexual assault and outraging the modesty of women. The crime was registered against them alleging commission of offences under...
What Actions Can ECI Take If A Candidate/Political Party Holds Caste-Based Rally After MCC Kicks In? Allahabad HC Asks
On Wednesday, the Allahabad High Court asked the Election Commission of India (ECI) to clarify its authority and the actions which it can take against a political party or candidate found violating the Model Code of Conduct (MCC) by holding caste-based political rallies. “Shri O.P. Srivastava, learned Senior Counsel (appearing for the ECI) shall address the Court on the next date as...
High Court Restraints Protesting Outsourced Workers At PGI Chandigarh From Strike Disrupting Patient Care Services
The Punjab & Haryana High Court has directed the protesting outsourced workers of Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh to stop the on going strike.The outsourced employees including sanitation workers have been demanding equal pay for equal work, health benefits, and other allowances. Chief Justice Sheel Nagu and Justice Anil Kshetarpal issued writ...
Unless Disqualified, Wife Has Absolute Right To Maintenance U/S 125 CrPC If Husband Is Healthy And Capable: Gujarat High Court
The Gujarat High Court has recently held that a wife's right to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) from a capable, able bodied husband is absolute, provided there are no disqualifying factors.The Court emphasized that a husband's claim of inability to pay maintenance due to unemployment, poor business conditions, responsibilities towards other family...
[Electricity Act] Relabelling Of Products Not 'Manufacturing', Such Activity Not Eligible For Industrial Tariff Categorization: Bombay HC
The Bombay High Court has held that the activity of relabelling products does not constitute 'manufacturing' under the Electricity Act, 2003. It stated that manufacturing under the Electricity Act would require conversion of raw materials into a fresh product using electricity-powered machines and thus relabelling would not fall within such activity.The petitioner (Maharashtra State...
Compounding Of Offences U/S 67A Of Akbari Act Is Equivalent To S. 320(8) CrPC, Has The Effect Of Acquittal: Kerala High Court
The High Court held that the principle of compounding of offence applicable for Section 320(8) of the Code of Criminal Procedure (Cr.P.C) is also applicable to the compounding of offences under Section 67A of the Abkari Act. Section 320(8) of the CrPC says that compounding will have the effect of acquittal.The petitioners in this case were alleged to possess large quantities of beer in...
"Misconceived, Filed During Divorce Proceedings": Karnataka HC Dismisses Wife's Appeal Seeking Examination Of Husband For Alleged 'Missing Brain' Condition
The Karnataka High Court on Friday dismissed an appeal filed by an estranged wife challenging a single bench order which refused to direct the appointment of an Expert Committee of neurosurgeons to examine her doctor husband who is alleged of suffering from a porencephalic cyst (missing brain).A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal filed by...
Gujarat High Court Pulls Up Officer For "Vehemence", Filing "Misguided Response" To Oppose PIL Seeking Improvement Of State Highway
While hearing a Public Interest Litigation (PIL) seeking improvement of a state highway in Mahisagar district, Gujarat High Court on Friday expressed its displeasure with the affidavit of the concerned official stating that the road was "not totally damaged but had developed potholes", observing that every sentence in a PIL is not to be opposed. Taking a "strong exception" to the...
Resolution Plan Approved Under IBC, Income Tax Reassessment Not Sustainable: Delhi High Court
The Delhi High Court has quashed the income tax assessment order and held that the statutory injunct which would operate in respect of any claim which may pertain to a period prior to the Resolution Plan being approved.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that if a company is unable to pay its debts, which should include its statutory dues to the...
S.37 Telangana Municipalities Act | Merely Scheduling Meetings Doesn't Equate To Convening Them, Quorum Of 2/3rd Members Required: HC
The Telangana High Court yesterday, addressed the issue of interpretation of Section 37 of the Telangana Municipalities Act, 2019, specifically regarding the convening of meetings for no-confidence motions against municipal chairpersons. The key issue was whether a scheduled meeting that was postponed without being convened could trigger the one-year bar on subsequent no-confidence...
Illegally Terminated Employee Entitled To Benefits As If Termination Never Occurred: Jharkhand High Court
A single judge bench of the Jharkhand High Court, comprising Justice S.N. Pathak, while deciding a petition, held that an employee who has been illegally terminated should not be denied the benefits they would have received had the termination not occurred. Background Facts The Petitioner was appointed as a Clerk in J.K.R.R High School, Chirkunda, Dhanbad, (Employer) in...
GST Registration Can't Be Cancelled On Unspecific Show Cause Notice: Delhi High Court
The Delhi High Court has held that the GST registration cannot be cancelled on cryptic allegations and on the basis of the Show Cause Notice, which did not state any specific allegation, which could be explained by the taxpayer.The bench of Justice Vibhu Bakhru and Justice Sachin Datta has observed that the order traveled beyond the scope of the Show Cause Notice and thus is passed in...