High Courts
PIL In Delhi High Court Against CBFC Certification To Film '120 Bahadur' Over Alleged Distortion Of Historical Facts
A PIL has been filed in the Delhi High Court challenging the Central Board of Film Certification (CBFC) certificate granted to Farhan Akhtar starrer movie “120 Bahadur” over allegations of distortion of historical facts. The matter will be heard tomorrow by a division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela. The movie portrays Major Shaitan...
Audit Assessment Under Orissa VAT Act Is Invalid If Audit Visit Report Is Time-Barred: High Court
The Orissa High Court has held that an audit assessment under Section 42 of the OVAT Act (Odisha Value Added Tax Rules, 2005) cannot be initiated when the AVR (Audit Visit Report) is beyond the limitation period. Chief Justice Harish Tandon and Murahari Sri Raman were examining whether the Assessing Authority has jurisdiction to proceed with Audit Assessment under Section 42 of the...
Judicial Officers Are Expected To Approach Surrogacy Petitions With Sensitivity And Compassion: Madras High Court
The Madras High Court recently observed that while dealing with petitions filed under the Surrogacy (Regulations) Act seeking an order to have parentage and custody, the courts are expected to be sensitive, responsible, and compassionate without frustrating the beneficial objective of the legislation. “The judicial officers are therefore expected to approach such petitions...
Minimum One Year Imprisonment Criteria For Seeking Parole Not Absolute, Can Be Relaxed For Filing SLP: Delhi High Court
The Delhi High Court has observed that the minimum one year imprisonment criteria for being eligible for parole under the Delhi Prison Rules is not absolute and can be relaxed in special circumstances like filing SLP against conviction before the Apex Court. Justice Ravinder Dudeja said that the criteria can be relaxed where strict application would result in denial of a fundamental or...
Cancelled GST Registration Cannot Be Restored Solely To Claim ITC Benefit U/S 16(6) CGST Act: Kerala High Court
The Kerala High Court has held that a cancelled GST registration cannot be restored solely to claim the ITC (Input Tax Credit) benefit under Section 16(6) CGST Act (Central Goods and Services Tax Act, 2017). Section 16(6) of the Central Goods and Services Tax Act, 2017, enables the taxpayer to claim the input tax credit available in the ledger, in case the order...
Inmates Of Mental Health Rehab Centre Can Vote In General Elections Unless Declared Disqualified By Competent Court: Kerala High Court
The Kerala High Court recently paved way for the inmates of a mental health rehabilitation centre to vote in the ensuing 2025 general elections.Justice P.V. Kunhikrishnan rejected a plea arguing that such persons are incompetent to cast their votes according to their will.The bench observed that Courts can't presume that the inmates are mentally challenged persons or suffering from...
IT Act | 'Charitable Trust's Bona Fide Mistake Due To Misprint In Taxmann Bare Act': Bombay High Court Condones Delay In Filing Form 9A
The Bombay High Court allowed a writ petition filed by the Charitable Trust “Savitribai Phule Shikshan Prasarak” seeking quashing and setting aside of the Order passed by the Directorate General of Income Tax Investigation (Investigation) Pune whereby the Trust/Petitioner's application for condonation of delay 509 days in filing its Form 9A for the Assessment Year 2022-23 was...
Delhi High Court Refuses To Entertain Foreign National's Plea Alleging Illegal Arrest By Customs Dept In Gold Smuggling Case
The Delhi High Court recently refused to entertain the writ petition moved by a Turkmenistan national, alleging that the Indian Customs Department had illegally arrested him in connection with alleged gold smuggling back in 2018.A division bench of Justices Prathiba M. Singh and Shail Jain observed that the Department had produced the seized gold jewellery in a sealed cover and the same,...
Man Starting New Marriage For 'Greener Pasture' Won't Turn Prior Consensual Relationship Into 'Rape': Kerala High Court
The Kerala High Court, in a recent judgment, held that if a man starts a new marriage in search of 'greener pasture', the same by itself, would not turn his prior, consensual sexual relationships into 'rape' as per the Indian Penal Code.Justice G. Girish clarified that in such cases, consent for earlier sexual relationships cannot be said to have been obtained on false promise to...
Rejection Of Plaint Is “Digression” From Normal Adjudication, Not Routine Option: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has held that rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure is not a default or routine step in civil adjudication, but a “digression” which courts should resort to only when the plaint, by its own deficiencies, invites such rejection.Terming the exercise of rejection of a plaint in terms of Order VII Rule 11 of...
Multiple Remand Orders U/S 37 A&C Act “Unworkable” Without Reversing Findings On Merits: Madras High Court
The Madras High Court held that multiple remand orders issued by courts under section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) without disturbing or reversing the findings on merits recorded by earlier Single Judges were incapable of implementation. The court found the situation unprecedented and unusual holding that the statutory scheme of the Civil Procedure...
'Friction In Wheels Of Justice': Delhi High Court Frowns Upon 38-Year Delay In Will Case, Grants Letters Of Administration
The Delhi High Court recently disposed of a 38-year-old Will dispute, remarking that the case exemplifies the “friction” in the wheels of justice, against which the Supreme Court had cautioned in Yashpal Jain v. Sushila Devi and Others (2023).Justice Purushaindra Kumar Kaurav observed that it took 38 long years to decide the dispute and meanwhile, most of the original parties passed away...