High Courts
Ocular Evidence Corroborated By Medical Evidence Sufficient For Murder Conviction, Even If Motive Not Fully Established: Delhi High Court
The Delhi High Court has held that ocular evidence, duly corroborated by medical evidence, is sufficient for a murder conviction, even if the motive of the crime is not fully established.A division bench of Justices Prathiba M. Singh and Amit Sharma observed, “if there is sufficient evidence in the form of eye witness/es or otherwise to establish the guilt of the accused, then not proving...
Adult, Married Children Have No Right To Stay In Father's Self-Acquired Property Without His Consent: Rajasthan High Court
The Rajasthan High Court imposed exemplary cost of Rs. 1 lakh on a son, litigating against his father for legal rights of a coparcener in a property— which he very well knew was not part of the Hindu United Family or co-parcenery, but was purchased by the father in his own name.The bench of Justice Sudesh Bansal opined that a child resides on his father's property during his childhood by...
"Trend Of Invoking Criminal Process In Private Relationships Must Be Checked": Madras High Court Quashes False Promise To Marry Case Against Man
The Madras High Court recently quashed a case against a man for alleged rape on false promise to marry. While doing so, the court noted that the growing trend of invoking criminal process in private relationships must be checked. Justice B Pugalendhi noted that recently, there was an increase in complaints of rape under false promise to marry, where the relationship was...
Child Care Leave Not An Entitlement But Can't Be Denied Arbitrarily Or Mechanically: Delhi High Court
The Delhi High Court has observed that while child care leave (CCL) granted to women government employees is not an entitlement but the same cannot be denied arbitrarily or mechanically. “While it is correct that CCL is not an entitlement as of right, the discretion to deny cannot be exercised arbitrarily or mechanically. It must be guided by the object and spirit of the rule, which is...
'Better To Approach SC': Kerala High Court To State On Plea To Defer SIR; Reserves Order
The Kerala High Court today reserved its order on the State government's plea to defer the Special Intensive Revision (SIR) of electoral rolls in the State, ahead of elections to Local Self Government Institutions.During the hearing, Justice V.G. Arun orally expressed disinclination to hear the matter and asked the State to approach the Supreme Court, where similar matters are pending."I am...
Prescribing Maximum Age Of 65 Years For Fair Price Shop Dealers Not Unreasonable: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that prescribing the maximum age of 65 years for a fair price shop dealer for the implementation of the Public Distribution System (Control) Order 2001 cannot be termed as unreasonable.The Court found that the impugned notification contained a provision allowing transfer of the licence to an eligible dependent, and therefore did not result...
VRS Application Must Be Processed Notwithstanding Pending Misconduct Charges If Employee Is Medically Unfit To Face Inquiry: Allahabad High Court
A Division bench of the Allahabad High Court comprising Justice Manoj Kumar Gupta and Justice Siddharth Nandan held that an employee's application for VRS (voluntary retirement) must be processed without regard to pending misconduct charges when a medical condition renders a disciplinary inquiry impossible. Background Facts The employee was a Technician Grade-II with...
GST Department Must Decide Refund Applications Expeditiously, Any Delay Adversely Affects Business: Delhi High Court
The Delhi High Court has called upon the Goods and Services Tax Department to expeditiously process the refund applications filed by registered persons/ entities.A division bench of Justices Prathiba M. Singh and Shail Jain observed, “As per the statutorily prescribed procedure, the refund applications have to be dealt with in a particular manner within the prescribed timelines as per...
Furnace Oil Not On Par With 'Plant And Machinery', Unrelated To Goods Dispatched For Complete Sales Tax Set-Off: Bombay High Court
The Bombay High Court on Wednesday held that manufacturers cannot claim full sales tax set-off on furnace oil used in producing goods that are partly sold within Maharashtra and partly transferred to branches outside the state, ruling that a 6% reduction must apply under Rule 41D(3)(a) of the Bombay Sales Tax Rules, 1959. Assessee sought to put forth that Furnace oil is a consumable...
"Protector Became The Source Of Suffering": Madras High Court Upholds Father's Conviction For Sexually Harassing His Minor Daughters
The Madras High Court has upheld the conviction and sentence of a man for sexually harassing his two minor daughters. The bench of Justice N Sathish Kumar and Justice M Jothiraman commented that it was a peculiar case and it was painful to see that the father, who was expected to be the protector, had in turn become the cause of suffering for the kids. Noting that the father was...
Delhi High Court Extends Time To Surrender For Lawyer Accused Of Raping Woman Advocate
The Delhi High Court on Thursday granted extension of time to surrender to a lawyer whose anticipatory bail was cancelled over allegations of raping a young woman advocate.Justice Amit Mahajan directed the lawyer to surrender by November 17, and asked him not to contact the victim in the meantime. It further directed that in case the lawyer contacts the victim, the Delhi Police will be at...
Delhi High Court Raps Income Tax Dept For Over Two-Year Delay In Implementing ITAT Order; Directs Refund With Interest Within One Month
The Delhi High Court recently criticized the Income Tax Department for an over 2-year delay in implementing an ITAT order, directing it to reconsider the demand raised against an assessee.A division bench of Justices Prathiba M. Singh and aShail Jain observed that the Income Tax Department must implement judicial orders with “alacrity” however in this case, it woke up only after the...