High Courts
Vacancy Reserved For Disabled Persons Identified In 2019 But Advertised In 2023 Would Be Considered Backlog Vacancies: MP High Court
The Madhya Pradesh High Court has clarified that vacancies reserved for persons with disabilities, which had been identified as far back as 2019 but were advertised only in 2023, would be treated as backlog vacancies. The bench of Justice Ashish Shroti examined the provision of the M.P. Junior Service (Joint Qualifying) Examination Rules, 2013 and the Right of Persons with Disabilities Act,...
Income Tax Act | Alternative Remedy No Bar When Reassessment Notice Lacks Jurisdiction U/S 148/149: Sikkim High Court
The Sikkim High Court stated that when the reassessment notice itself is illegal, issued without jurisdiction, or beyond the time limit prescribed under the Income Tax Act, the Court can directly examine the validity of the notice under Article 226, even though an appeal under the Act is otherwise available.A Single Bench of the Sikkim High Court, comprising Justice Meenakshi Madan Rai,...
Offences Under Drugs & Cosmetics Act Punishable Up To Three Years Triable By Specially Empowered Magistrate: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that an offence punishable with imprisonment of up to three years under the Drugs and Cosmetics Act is triable by a Judicial Magistrate of the First Class specially empowered by the Government.The Court was hearing a petition challenging the maintainability of a complaint under Sections 18(a)(i) and 27(d) of the Act before the...
S. 319 CrPC | Suspect Not Summoned At Cognizance Stage Can't Be Summoned Later Based On Same Material: Delhi High Court
The Delhi High Court has made it clear that once cognizance of an offence has been taken and the accused placed in Column No.12 (suspect) of the chargesheet is not summoned, he cannot be summoned subsequently without there being any additional evidence on record.Justice Neena Bansal Krishna observed,“Section 319 Cr.P.C. empowers the Court to summon the Accused placed in Column...
District Medical Boards Under Surrogacy Regulations Need Not Insist On Physical Presence Of Intending Couple: Delhi High Court
The Delhi High Court has recently observed that the district medical boards under the Surrogacy Regulations, 2023, need not insist on physical presence of the intending couple. “There is also no rationale as to why the District Medical Board should not equip itself in conducting virtual hearings as is mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy...
Kerala High Court Seeks Action Taken Report Against Vlogging Inside Driver Cabins Of Moving Buses, Heavy Vehicles
The Kerala High Court recently underscored the rampant issue of contract carriages and other heavy good vehicles openly flouting the safety standards prescribed by the Central Government.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. on Wednesday (November 19) remarked that a lot of these vehicles are not adhering to the lighting installation requirements and...
J&K&L High Court Grants Bail In NDPS Case; Says Single-Tested Bottle Cannot Represent Entire Recovery Without Batch-Level Uniformity
The High Court of Jammu & Kashmir and Ladakh has held that when the seizure memo does not mention the batch number or composition of multiple recovered bottles of a pharmaceutical preparation, a single tested bottle cannot be presumed to represent the contents of all bottles.The Court observed that the prosecution must demonstrate uniformity across bottles before relying on...
“Trial Within Trial Not Permitted”: Calcutta High Court Says Co-Defendant Cannot Respond To Counter-Claim By Another Defendant
The Calcutta High Court has held that a co-defendant cannot file a written statement in response to a counter-claim raised by another defendant, ruling that the CPC does not permit such inter se litigation within a single suit.Justice Aniruddha Roy, dismissed an application by the first defendant, KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD (KELTRON), seeking leave to file a...
Amount Recovered In Civil Suit Can Be Adjusted Against Criminal Compensation In NI Act Cases: Delhi High Court
The Delhi High Court recently allowed the plea of a man, convicted for cheque dishonour, to set off the amount recovered from him in a civil suit relating to the same cheques, against the compensation to be paid in the criminal proceedings under Section 138 of the Negotiable Instruments Act 1881.Justice Manoj Kumar Ohri observed,“Since Section 357(5) CrPC allows the Court to adjust any...
International Tax Cases Not Exempt From Faceless Reassessment Regime: Bombay High Court Quashes S.148 IT Act Notice
The Bombay High Court quashed the reassessment notice issued under Section 148 of the Income Tax Act, 1961, stating that the reassessment notice did not follow the mandate that the Faceless Assessing Officer only has the jurisdiction to reopen the assessment and not the Jurisdictional Assessing Officer. It was further stated that even international taxation matters could be made subject...
Service Tax | Once Pre-Deposit Condition Is Fulfilled, Appeal Must Be Heard On Merits: Jharkhand High Court
The Jharkhand High Court held that once an appeal was dismissed for non-compliance with the mandatory pre-deposit of the Service Tax amount, the Appellate Authority does not become functus officio and was competent to decide the appeal on merits if the mandatory condition of pre-deposit of 7.5% of the Service Tax amount was subsequently complied with by the assessee. A Division...
Dispute Over Property Used Exclusively For Trade Constitutes Commercial Dispute Even If Situated In Residential Area: Delhi High Court
The Delhi High Court held that a dispute arising from a lease agreement under which premises were used actually used for running a retail showroom qualifies as a commercial dispute under section 2(1)(c)(vii) of the Commercial Courts Act, 2015 even if the property is situated in a residential zone under the Municipal Law. A Division Bench of Justice Anil Kshetrapal and Justice...