High Courts
From Gender Audit Squads To IC Portals: Madras High Court Notes Sweeping State-Wide Compliance With Its PoSH Directives
The Madras High Court has commended the State of Tamil Nadu for implementing its earlier order to ensure the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (PoSH Act). Justice RN Manjula observed that the government has shown tremendous interest in ensuring that the court orders are complied with and that the...
Can't Challenge Notice Issued To Someone Else: Gujarat High Court Rejects Tenant's Plea Against Municipal Notice On Dilapidated Building
The Gujarat High Court on Thursday (November 27) rejected a plea challenging a notice issued by the Surat Municipal Corporation asking the owner/occupier of a property to audit the property and produce the structure stability report of the building as the same was in a dilapidated condition requiring urgent repairs. The court noted that since the notice was not issued to the...
'High Threshold For Defamation, Must Prove Malice': Netflix Opposes In Delhi High Court Sameer Wankhede's Plea To Restrain Aryan Khan's Series
Netflix Entertainment on Thursday opposed before the Delhi High Court the defamation suit filed by IRS officer Sameer Wankhede over his allegedly defamatory portrayal in the Netflix series “Ba***ds of Bollywood” directed by Aryan Khan Senior Advocate Rajiv Nayyar appearing for the OTT platform submitted before Justice Purushaindra Kumar Kaurav that the threshold of defamation in such...
Employees Provident Fund Act | EPFO Cannot Issue Prohibitory Order U/S 8-F Without Prior Notice To Debtor: Bombay High Court
The Bombay High Court held that the Employees Provident Fund Organisation cannot issue a prohibitory order under Section 8-F of the Employees Provident Funds and Miscellaneous Provisions Act, 1952, without first issuing a notice to the debtor of the employer and giving an opportunity to file a statement on oath, as mandated under Section 8-F(3)(i) and (vi). The Court observed that the...
Delhi High Court Protects Personality Rights Of Actor Ajay Devgn, Orders Take Down Of Obscene Content
The Delhi High Court on Thursday passed an interim order protecting the personality rights of bollywood actor Ajay Devgn.Justice Manmeet Pritam Singh Arora restrained the defendants from using the personality traits of the actor, including his images and other personal elements, without his consent.The defendants are also refrained from misusing the actor's personality traits through use...
'Right Or Wrong, Court Order Must Be Obeyed': AP High Court Holds Transport Officials Guilty Of Contempt For Not Releasing Seized Vehicle
The Andhra Pradesh High Court has reiterated that rightness or wrongness of an order cannot be gone into in contempt proceedings. The court further held that if the impugned order is contrary to law, then the contemnor is at liberty to challenge the order by way of a review or appeal.“Rightness or wrongness of the order cannot be urged in contempt proceedings. Right or wrong the order has to...
Long-Pending GST Refund Appeals Hurt Businesses: Delhi High Court To Appellate Body
The Delhi High Court has observed that long pendency of GST appeals seeking tax refund can hurt financial front of businesses.A division bench of Justices Prathiba M. Singh and Shail Jain made the observation while dealing the plea of a foreign education consultancy company, whose appeals for tax refund have been pending since four long years.The High Court had recently held that...
Refund On Zero-Rated Supplies Cannot Be Denied Based On Deemed Export Circular: Gujarat High Court Sets Aside Recovery Orders
The Gujarat High Court has recently held that the Petitioners—100% EOUs exporting goods without payment of tax—were entitled to refund of unutilised ITC under Section 54(3) read with Rule 89(4), and that their exports did not fall within the category of “deemed exports.”The Court ruled that Circular No. 172/04/2022-GST and Rule 89(4A) were inapplicable, quashed the withdrawal and...
Apple Moves Delhi High Court Against CCI's 'Global Turnover' Penalty Rule; Claims Exposure To $38 Billion Penalty
Apple INC has moved the Delhi High Court challenging the amendment to the Competition Act, 2002, allowing the Competition Commission of India (CCI) to impose penalties based on a company's global turnover.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela will be hearing the matter on December 03. Apple has challenged the 2023 amendment to...
'External Rubbing' Does Not Constitute Penetrative Sexual Assault Under POCSO Act: Patna High Court
The Patna High Court has recently clarified that “external rubbing” does not fall within the statutory definition of penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012 (“POCSO”). The Court further held that in cases where medical evidence negates the possibility of penetration, a conviction cannot rest solely on the uncorroborated testimony of...
Convict's Refusal To File Appeal Through Legal Aid Must Be Obtained In Writing: Orissa High Court
In order to ensure that no deserving/indigent convicted-prisoner is deprived of availing free legal aid to file appeal against conviction, the Orissa High Court has given an important directive to the District Legal Services Authorities (DLSAs) across the State to obtain his/her (convict's) refusal to grant consent to file Jail Criminal Appeal (JCRLA) in writing.A Division Bench of Justice...
Right To Maintenance Under Muslim Women Protection Act Not Defeated By Wife's Remarriage During Trial: Kerala High Court
The Kerala High Court has held that the prolonged pendency of a petition filed under Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 cannot deprive a woman of the benefits that accrued to her on the date of divorce, even if she remarried during the proceedings.Dr. Justice Kauser Edappagath delivered the judgment while dismissing a revision petition and an...