High Courts
Kerala High Court Directs Co-Op Bank To Release Gratuity And Provident Fund Of Employee Against Whom Surcharge Proceedings Were Pending
The Kerala High Court directed the bank to pay gratuity and provident funds to the employee against whom surcharge proceedings under Section 68 of the Kerala Co-operative Societies Act (KCS Act).The bank claimed that the retired employee is not entitled to retiral benefits as she has not paid the Rs. 3,25,53,652 surcharge fixed under Section 68 of the KCS Act. Further, she has also not obtained non-liability certificates as contemplated under Rule 198(8) of the KCS Rules.The petitioner was...
Karnataka High Court Stays Probe Against Convict Who Was Seen Sitting With Actor Darshan In Prison Chewing Tobacco
The Karnataka High Court on Thursday stayed all further investigations against one convict Shrinivas who was recently spotted sitting along with Kannada actor Darshan Thoogudeepa inside the prison and chewing tobacco, while Darshan is seen smoking and drinking coffee.A single judge bench of Justice M Nagaprasanna by way of interim order stayed the proceedings. The police had registered a case against Darshan and others under Section 42 of the Karnataka Prisons (Amendment) Act, 2022 after the...
Delhi High Court Issues Notice On Brij Bhushan Singh's Plea Against FIR, Framing Of Charges In Sexual Harassment Case
The Delhi High Court on Thursday issued notice on a plea moved by BJP leader Brij Bhushan Sharan Singh seeking quashing of the FIR, chargesheet as well as framing of charges against him in the sexual harassment case filed by women wrestlers.Justice Manoj Kumar Ohri directed the Delhi Police to file a status report and listed the matter for hearing next on January 13, 2025. Singh has challenged the FIR, chargesheet as well as all the trial court proceedings emanating from the case. He has also...
DUSU Elections: High Court Halts Counting Of Votes, Pulls Up Delhi University Over Failure To Discipline Candidates
The Delhi High Court on Thursday halted the process of counting of votes for the ongoing Delhi University Students' Union (DUSU) elections of the varsity and other colleges in the wake of candidates indulging in acts of vandalism and defacement of public properties.A division bench comprising of Chief Justice designate Justice Manmohan and Justice Tushar Rao Gedela directed that no counting of votes shall take place till the Court is satisfied that the posters, spraypaints and graffitis are...
Taxation And Other Laws Act, 2020 Does Not Alter Sanction Powers For Reopening Conferred U/s 151 Of Income Tax Act: Delhi High Court
The Delhi High Court recently clarified that the TOLA [Taxation and Other Laws (Relaxation & Amendment of Certain Provisions) Act, 2020] authorisation merely enables the competent authority to take action within the extended time period which would have otherwise been regulated by Sections 148 and 149, but does not amend the structure for approval which stands erected by virtue of...
Supreme Court's Directions On Police Reform 'Fallen On Deaf Ears': Gujarat High Court On Alleged Police Brutality Against Senior Citizen
Directing the Gujarat government to ensure proper functioning of State Police Complaints Authority (GSPCA) in a case concerning alleged police brutality meted out to a senior citizen, the Gujarat High Court said that the Supreme Court's directions on police reforms, misuse of power has "fallen on deaf years" despite being passed over a long passage of time. Referring to the Supreme Court's 2006 decision in Prakash Singh v UOI a single judge bench of Justice Hasmukh D Suthar in its...
Show Cause Notice U/s 37C Of Central Excise Act Issued At Wrong Address Cannot Be Proceeded: Gauhati High Court
The Gauhati High Court recently held that the recourse to Sub-Clauses (b) & (c) of Clause 37C (1) of the Central Excise Act, is not permitted if the show cause notice was not sent at the proper address of the registered taxpayer.The High Court also clarified that Sub-Clause (b) and Sub-Clause (c) of Section 37(C)(1) of the Act of 1944 can only be pressed into service, if the service of...
'Can't Have Another Trial Before The Registry': Madras HC Directs Family Court To Number Wife's Plea Without Asking For Evidence That Couple Are Hindus
The Madras High Court has directed the Family Court in Chennai to number a petition filed by a wife for restitution of conjugal rights without insisting on evidence that she and her husband are Hindus. Justice V Lakshminarayanan noted that though the husband had filed a divorce petition claiming that the couples were Christians while the wife had filed the petition for restitution of conjugal rights claiming that the couple were Hindus, the issue had to be decided by the court at the ...
Bombay High Court Quashes State Minorities Commission's Notice To HDFC Bank On Complaint Of Jain Community Member Alleging Harassment
The Bombay High Court has quashed a show-cause notice issued by the Maharashtra State Minorities Commission to the HDFC Bank about a complaint raised by a member of the Jain community alleging harassment by the bank, on the ground that the Commission has no jurisdiction to entertain the complaint.The Court stated that the complaint was an attempt to 'short-circuit' the procedure adopted the HDFC bank against its borrowers. It noted that a member cannot approach the Commission only on the pretext...
Enterprise Contracting With Assignee Of Govt Recognised Concessionaire For Developing “Infrastructural Facility” Can Claim Deduction U/S 80IA(4) Of Income Tax Act: Calcutta HC
The Calcutta High Court has held that an enterprise contracting with the assignee of a government recognised concessionaire for infrastructure development can, based on facts and circumstances of the case, be given the benefit of deduction under Section 80IA(4) of the Income Tax Act 1961.The provision prescribes deductions in respect of enterprises engaged in infrastructure...
S.110 Customs Act- Failure To Disclose Reasons For Confiscating Goods 'Draconian', Violates Article 14, Renders Provisional Attachment Illegal: Patna HC
The Patna High Court has held that failure on part of the customs officer to record reasons for confiscating goods under Section 110 of Customs Act, renders the provisional attachment “illegal”.The provision empowers a customs officer to seize goods if he has 'reason to believe' that such goods are liable to confiscation under the Act, and prescribes subsequent procedure.Bench of Justices...
'Can't Get Into This': Delhi High Court On Plea To Include Chapter On 'Dharma' And 'Religion' In School Syllabus
The Delhi High Court on Thursday directed the Union Government to treat as representation a PIL seeking to distinguish between “Dharma” and “Religion” and to include a chapter on the subject in the curriculum of primary and secondary schools. A division bench comprising of Chief Justice designate, Justice Manmohan and Justice Tushar Rao Gedela directed the Union Ministries of Culture and Education to decide the plea in accordance with law, as expeditiously as possible. The PIL was moved by...