High Courts
Tax Demand on Post Sale Discounts Received By Way Of Financial Credit Notes Not Tenable: Madras High Court
The Madras High Court has quashed the order imposing tax demands on post-sale discounts received by way of financial credit notes on the ground that receiving a discount is not tenable in law.The bench of Justice Senthilkumar Ramamoorthy has observed that the assessing officer concluded that the taxable person is providing a service to the supplier while taking advantage of a discount...
Kerala High Court Directs Police Chief To Issue Instructions To Ensure Citizens Are Not Illegally Detained, Arrested Due To Mistaken Identity
The Kerala High Court has directed the State Police Chief to issue suitable instructions to ensure that citizens are not illegally arrested and detained based on the wrong identity.In the facts of the case, the petitioner was wrongly detained and arrested by the police in a case of mistaken identity. Justice Gopinath P. ordered that the identity of persons should be clearly established...
Confession Made In Police Custody Cannot Be Relied On To Hold Accused Guilty: Punjab & Haryana High Court
The Punjab & Haryana High Court while directing to release an accused convicted for dishonestly receiving property stolen in the commission of a dacoity on the basis of extra-judicial confession, observed that confession made in police custody cannot be relied to hold the accused guilty.Justice Pankaj Jain relying on the landmark decision of Aghnoo Nagesia v. State of Bihar [(1966) 1 SCR...
Credit Available On Advance Tax Paid For Stock-Transferred: Kerala High Court
The Kerala High Court has held that the petitioner will be entitled to credit for the entire amount paid in terms of Circular No. 50/2006 for the goods in question, which were stock-transferred to its branch office in Pollachi.The bench of Justice Gopinath P. has observed that a combined reading of the provisions of Circular No. 50/2006 and the definition of input tax in Section 2(xxiii) of...
Indian Courts Are Not Bound By Foreign Insolvency Judgments From Non-Reciprocating Countries: Calcutta High Court
The Calcutta High Court single judge bench of Justice Shampa Sarkar held that without a comprehensive cross-border insolvency framework, Indian courts do not recognize or enforce moratorium orders from non-reciprocating countries, such as the U.S., and thus are not obligated to stay ongoing suits due to such foreign proceedings. It was held that the Trial Court could consider the...
'Why Was Eco-Friendly Boating Facility At Taladanda Canal Stopped?': Orissa High Court Asks State Govt
The Orissa High Court has questioned the State as to why the eco-friendly boating facility at Taladanda Canal has been halted since November last year, even before completing second month of its inauguration.The Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a Public Interest Litigation (PIL) suo moto registered by the Court to monitor different...
Courts Can Delve Into Examination Of Trademark Infringement In Execution Petitions, New Suit Not Needed: Delhi High Court
The Delhi High Court single bench of Justice Jasmeet Singh allowed an execution petition against the Defendants engaged in the infringement of the trademarks of Glaxo Group Limited, a biopharma company engaged in the production of vaccines. The High Court held that an executing court can delve into the merits of infringement to judge the violation of an original decree granting a...
'Examine Dowry Death Matters From All Possible Angles; Justify How Case Falls Under S. 302, 304-B Or 306 IPC': Allahabad HC Directs UP Police
The Allahabad High Court has directed the Director General of Police, Uttar Pradesh, to instruct Investigating Officers to conduct a "wide spectrum of investigation" in dowry death-related cases and examine the death of a married lady (within 7 years of her marriage) from every possible angle."...the I.O. of the case shall hold wide spectrum of investigation to examine and collecting the...
Lawyers Cannot Be Compelled To Cease Work: Calcutta High Court Says WB Bar Council's Black Day Protest Against New Criminal Laws Not Mandatory
The Calcutta High Court has observed that the Black Day Protest called by the West Bengal Bar Council on 1st July, to protest against the implementation of the three new criminal laws is not mandatory for lawyers to attend.A single bench of Justice Shampa Sarkar held:It is a settled position of law that no one can be compelled to observe strike or cease work. Lawyers discharge public function...
Karnataka HC Allows Probe Against Ex-BJP MLA Booked For Distributing Obscene Videos Involving Prajwal Revanna, Restrains Police From Arresting Him
The Karnataka High Court on Friday refused to stall the ongoing investigation against former BJP MLA from Hassan, Preetham Gowda, who is alleged of distributing obscene videos of sexual assault involving Janata Dal (S) leader Prajwal Revanna.A single judge bench of Justice Krishna S Dixit passed the interim order while issuing notice to the respondents on hearing a petition filed by Gowda...
Officials Of CMRL Prima Facie Liable For Misappropriating Public Money, Cheating General Public: ED Tells Kerala High Court
The Enforcement Directorate (ED) today submitted before the Kerala High Court that officials of Cochin Minerals and Rutile Ltd (CMRL), a public limited company committed cognizable offences under the Prevention of Money Laundering Act, 2002 and cheated the general public by misappropriating large amounts of public money. It was stated that the proceedings based on the Enforcement Case...
Lok Adalat 'Awards' Not Independent Verdict, Should Resist Temptation To Play Role Of Regular Judges: Orissa High Court
The Orissa High Court has reiterated that 'awards' passed by Lok Adalats are not independent adjudicatory verdicts, rather an administrative act of incorporating terms of settlement or compromise agreed upon by the parties in the form an 'executable order'.The Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi advised the Lok Adalats to refrain from acting as regular Courts and said...