High Courts
Assessee Not Required To Prove “Source Of Source” Of Funds Credited Prior To Finance Act 2022: Delhi High Court
The Delhi High Court has held that once the initial onus cast upon an assessee to show the genuineness of its creditors is duly discharged, the question as to whether the funds of the creditor were obtained through genuine purchases or not cannot be gone into by the Revenue.A division bench of Justices V. Kameswar Rao and Vinod Kumar observed,“Once the assessee discharges its initial onus...
Madras High Court Orders New PAN For Assessee After Dept-Issued Duplicate PAN Ruins CIBIL Score
The Madras High Court has directed the department to issue a fresh PAN (Permanent Account Number) to the assessee, who suffered adverse consequences because the defaulter holding the same PAN had a bad CIBIL. The bench held that the assessee cannot be made to bear serious CIBIL consequences arising from the Income Tax Department's duplicate PAN allotment. Justice C. Saravanan stated...
Gujarat High Court Issues Notice On Asaram's Plea To Relax Condition Enforcing Police Surveillance During Suspended Sentence
The Gujarat High Court issued notice on Asaram's plea seeking modification/deletion of condition requiring presence of three police officials in his vicinity, during the 6-month period wherein his life sentence has been suspended in a rape case. For context, on November 6 the high court had granted six-month suspension of sentence to Asaram who is convicted in a 2013 rape case by a sessions...
Voluntary Retirement Deemed Accepted If Not Rejected Within Stipulated Period; Subsequent Demand For Technical Resignation Invalid: Delhi HC
A Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that voluntary retirement is deemed automatically accepted if not expressly rejected within the stipulated period, and any subsequent demand for technical resignation cannot override a retirement that has already taken effect. Background Facts The employee was working as...
S.144 BNSS | Wife Not Disentitled To Claim Maintenance From Husband If Income From Her Temporary Job Insufficient: Kerala High Court
The Kerala High Court recently clarified that a wife would not be disentitled from claiming maintenance from her husband under Section 125 CrPC/ Section 144 BNSS even if she has a temporary job providing her some income, if she asserts that such income is insufficient.Dr. Justice Kauser Edappagath was considering petitions filed by a wife against her husband challenging the quantum of...
Delhi High Court Restrains Cosmetic Company From Copying Visage Beauty's O3+ Facial Kits Packaging And Mark
In a clash over look-alike facial kits, the Delhi High Court has granted Visage Beauty an interim injunction restraining Freecia Professional India from copying its packaging layout, usage instructions, ingredients text and from using the trademark 'DERMOMELAN'. A single bench of Justice Manmeet Pritam Singh Arora passed the order on November 21 while hearing Visage Beauty & Healthcare...
Allahabad High Court Upholds Man's Conviction For Strangling Minor Daughter, Says Charges Proven Despite Mother Turning Hostile
The Allahabad High Court (Lucknow Bench) today upheld the conviction and life imprisonment of a man for the murder of his 17-year-old daughter, who he suspected of having a relationship with a boy from the same locality. A bench of Justice Rajnish Kumar and Justice Rajeev Singh noted that despite the mother of the victim turning hostile during the trial, the chain...
“No Burials Anywhere Except Designated Areas”: Karnataka High Court On Illegal Burial On Private Premises
The Karnataka High Court on Monday observed that without permission, nobody can be buried anywhere except in designated areas (burial ground).A single judge, Justice Suraj Govindaraj, said, “This is a sensitive issue, if you allow this to happen which you allowed, it would result in a law and order issue...It is not a simple question of one body buried. It would have vast...
“Drug Traffickers Inflict Deadly Blow On Youth”: J&K&L High Court Rejects Bail In Commercial Quantity NDPS Case
The Jammu & Kashmir and Ladakh High Court has reiterated that drug traffickers inflict a deadly blow on the youth and are a hazard to society, and the social cost of permitting such offenders to re-enter the community, even temporarily, is immeasurable.With these observations, Justice Wasim Sadiq Nargal on Friday dismissed the bail application of a 27-year-old accused from whose possession...
“Toil Without Wages Strikes At Heart Of Human Dignity”: Karnataka High Court Directs Release Of 19 Months' Pending Salary To Govt Teachers
In a case concerning government teachers who had not been paid their salaries for 19 months, the Karnataka High Court recently said, “To force these teachers or indeed any employee, to toil without wages strikes at the very heart of human dignity and stands in stark violation of Article 23 of the Constitution of India, which proscribes begar in all its forms.”Justice M. Nagaprasanna made...
Contracting Second Marriage During Subsistence Of First Constitutes Grave Misconduct Justifying Compulsory Retirement: Andhra Pradesh High Court
A Division Bench of the Andhra Pradesh High Court comprising Justice Battu Devanand and Justice A. Hari Haranadha Sarma held that contracting a second marriage during the subsistence of the first marriage constitutes grave misconduct under Rule 21 of the CCS (Conduct) Rules and Rule 18(b) of the CISF Rules, justifying penalties such as compulsory retirement for members of...
Delhi High Court Protects 'Aaj Tak' Mark, Restrains News Agencies From Using It In Source Code And Meta Tags
The Delhi High Court on Friday restrained Amar Ujala and News18 from using the trademark 'Aaj Tak' in their website source code or as meta tags, after both companies informed the Court that they had already removed the infringing links and did not wish to contest the trademark suit filed by Living Media India Ltd, owner of the Aaj Tak news brand. A single bench of Justice Manmeet Pritam...