High Courts
Evasion Of Tax Cannot Be Attributed To Transporter When Consignor Accepts Error In Loading Goods: Allahabad High Court
The Allahabad High Court has held that evasion of tax cannot be attributed to the transporter when consignor accepts error in loading goods. Certain goods were intercepted in transit from Dehradun to Delhi. After notices were issued to the cosigner/ consignee, the goods were released in their favour. Subsequently, an order alleging intention to evade tax under Section 129 of the GST...
Thiruparankundram Deepam Issue: Madras High Court To Hear Appeals Against Lighting Of Lamp On December 12
The Madras High Court has adjourned the appeal preferred against a single bench decision permitting lighting of lamp (Karthigai deepam) at the Deepathoon (stone lamp pillar) atop the Thiruparakundram hills, which is located close to a dargah.The division bench of Justice G Jayachandran and Justice KK Ramakrishnan said it will take up the matter next Friday (December 12), after all the parties...
Letters Patent Appeal Not Maintainable Against Interlocutory Orders In Contempt Proceedings: J&K&L High Court
The Jammu & Kashmir High Court held that a Letters Patent Appeal (LPA) does not lie against interlocutory orders passed in contempt proceedings, reiterating that an appeal under Section 19(1) of the Contempt of Courts Act is maintainable only where the Court has actually imposed punishment for contempt.The Division Bench comprising of Justices Sindhu Sharma, Shahzad Azeem observed that...
MP Amritpal Singh Moves Punjab & Haryana High Court Against Third NSA Detention Order
Lok Sabha MP Amritpal Singh has approached the Punjab & Haryana High Court challenging his third consecutive detention order under the National Security Act (NSA).The Supreme Court on November 10 refused to entertain a writ petition filed by Amritpal Singh challenging his third detention under the National Security Act, 1980. The Court gave given liberty to approach the Punjab and...
2018 Tezu Police Station Lynching Case | Gauhati High Court Sets Aside Discharge Of Accused, Directs Framing Of Murder Charges
While allowing a criminal petition filed by the State challenging the trial court's order discharging six respondents accused of dragging two rape-and-murder suspects out of the Tezu Police Station in Arunachal Pradesh in 2018 and lynching them in public, the Gauhati High Court has held that the material collected during investigation created grave suspicion against the accused and...
Virtual Services Rendered By Foreign Law Firms In India Not Taxable Under India-Singapore DTAA: Delhi High Court
The Delhi High Court has held that in the absence of any physical presence, virtual services rendered by a foreign law firm in India would not constitute taxable service under India-Singapore Double Taxation Avoidance Agreement.A division bench of Justices V. Kameswar Rao and Vinod Kumar observed,“Article 5(6) of the DTAA only contemplates rendering of services by employees present within...
Punjab & Haryana High Court Sentences Man To 3 Months In Jail Over Second Marriage Despite Pending Appeal Against Divorce
The Punjab & Haryana High Court has held a husband guilty of civil contempt for contracting a second marriage during the pendency of his wife's appeal against the divorce decree—an act done despite the High Court's stay order and in violation of Section 15 of the Hindu Marriage Act, 1955. The Court sentenced him to three months' simple imprisonment and imposed a ₹2,000 fine, directing...
'Minor Offence': Jharkhand High Court Exempts CM Hemant Soren From Personal Appearance In Case U/S 174 IPC
The Jharkhand High Court recently allowed Hemant Soren's application seeking exemption from personal appearance in a Section 174 IPC case, holding that his role as Chief Minister and the minor nature of the offence did not warrant requiring his personal attendance.A Single Judge Bench comprising Justice Anil Kumar Choudhary was hearing a petition under Section 528 of the Bharatiya...
Objectionable Online Posts Defaming Woman May Attract Offences Of 'Outraging Modesty' & 'Stalking' Under IPC: Bombay High Court
The Bombay High Court (Nagpur Bench) on Tuesday observed that posting objectionable content on social media platforms to defame a woman can also constitute the serious offences of 'Stalking' (Section 354-D) and 'Assault or criminal force to woman with intent to outrage her modesty' (Section 354) under the Indian Penal Code (IPC). A Bench of Justice Urmila Joshi-Phalke and Justice...
Once Land Passbook Is Issued, Allottee Retains Right And Title Until Cancellation: Gauhati High Court
The Gauhati High Court has held that once government-allotted land is transferred and the transfer is approved through issuance of a Land Pass-Book, the allottee continues to hold right and title over the land until the allotment is cancelled or withdrawn by the competent authority.Justice Anjan Moni Kalita, presiding over the case, observed, “this is not agreeable that the Land Pass-Book...
Himachal Pradesh High Court Directs Status Quo On Two Lower Floors Of Sanjauli Mosque, Orders Demolition Of Upper Floors
The Himachal Pradesh High Court has issued notice to the Shimla Municipal Corporation seeking a detailed clarification on the legality of various portions of Sanjauli mosque Structure.The Court directed status quo to be maintained regarding the ground floor and first floor of the five storey Sanjauli mosque in Shimla. However, it ordered the demolition of the 2nd, 3rd and 4th floors, relying...
Reserved Candidate With Higher Merit Must Be Migrated To General Category: Rajasthan High Court Reiterates
The Rajasthan High Court has reiterated that a reserved category candidate who had not availed of any relaxation except for fee relaxation, and had secured higher marks than the last selected candidate of the General Category, was mandatorily required to be migrated to the general category.The bench of Justice Farjand Ali stated that underlying principle behind such decision is that the...