High Courts
Local Sales Assessment Does Not Exempt Assessee From Inter-State Sales Tax Claims, Rules Punjab & Haryana High Court
The Punjab and Haryana High Court ruled that local sales assessment does not exempt assessee from inter-State Sales tax claims. The Bench consists of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “merely because the concerned respective States has assessed the assessee/petitioner for the local sales, it cannot absolve itself from the claim...
Punjab & Haryana High Court Asks CBI To Delve Deep Into Issue Of Suspected 'Illegal Religious Conversions'
The Punjab and Haryana High Court has reiterated that the CBI needs to delve deep into the roots of the cause of suspected illegal religious conversions, in the name of inter-faith marriage.Justice Sandeep Moudgil directed so upon coming across a case involving inter-faith marriage solemnized in an autorickshaw, without any witnesses. Reiterating its earlier order, the Court said, "it is a...
Speaker's Inaction To Decide Disqualification Pleas Within Reasonable Period Is Subject To Judicial Review : Telangana High Court
While directing the Telangana Assembly Speaker to fix a schedule of hearing to decide the disqualification pleas pending against the defecting BRS MLAs within four weeks, the High Court expressed disagreement over the argument made by the defecting MLAs and State that the Speaker cannot be directed to decide the disqualification petition within a certain time. “If the contention of the...
Order In Section 9 Of Arbitration Act Based On Settlement Is Enforceable As Decree : Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that an order passed under Section 9 of the Arbitration and Conciliation Act, 1996, based on a settlement agreement, is enforceable as a decree in accordance with Section 36 of the Code of Civil Procedure. Section 36 of the CPC pertains to the "Application to orders" and addresses the execution of decrees and orders....
Gujarat High Court Seeks State Bar Council's Stand In Plea By 29 Law Graduates Against Non Enrolment In The Roll Of Advocates
The Gujarat High Court on Monday (September 9) sought the stand of the Bar Council of Gujarat in a plea moved by several law graduates seeking a direction to the state bar body for their enrolment on the roll of advocates, subject to them passing the All India Bar Exam(AIBE). A single judge bench of Justice Sangeeta K Vishen issued notice to the respondents including the Bar Council of...
Delhi High Court Rejects Somnath Bharti's Prayer To Preserve Burnt Memory Of EVMs Used In LS Polls In Plea Against BJP's Bansuri Swaraj's Election
The Delhi High Court has rejected the prayer of Aam Aadmi Party (AAP) leader Somnath Bharti seeking a direction upon the Election Commission of India (ECI) to provide him with the burnt memory of all 1489 EVMs used in the Lok Sabha elections 2024 from New Delhi Parliamentary Constituency.Justice Manmeet Pritam Singh Arora was dealing with Bharti's plea challenging Swaraj's election on the...
Liquor Policy: Delhi High Court Grants Bail To Sameer Mahendru, Chanpreet Singh In ED Case
The Delhi High Court on Monday granted bail to businessman Sameer Mahendru and Aam Aadmi Party (AAP) volunteer Chanpreet Singh Rayat in the money laundering case connected to the alleged liquor policy scam.Justice Neena Bansal Krishna allowed the bail pleas filed by Mahendru and Rayat. In October last year, a coordinate bench had refused to grant bail to Mahendru on medical grounds. It is...
When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice."Justice Sumeet Goel clarified that, "No exhaustive guidelines can possibly be laid down as to what would constitute substantial change...
Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners
The Bombay High Court last week expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners.'Therefore, to provide 'succour' to such women, the division bench of Justices Ajay Gadkari and Dr Neela Gokhale...
Maintenance Tribunals Cannot Cancel Gift Deeds Merely On 'Vague Allegations' Of Senior Citizens Against Their Children: Bombay High Court
The Bombay High Court recently held that a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot cancel the 'gift deed' executed by a parent merely on the 'vague' allegations of 'non-maintenance' of the senior citizen by their children or the person, whom they have 'gifted' their property.Single-judge Justice RM Joshi on August 29 quashed...
Kerala High Court Temporarily Prohibits Elephant Transfers From Other States, Cites Large Number Of Deaths Due To Ill-Treatment In Captivity
The Kerala High Court has passed an interim order restraining the State Government and Chief Wildlife Warden from permitting the transfer of elephants from other states to Kerala.The Court passed the above order in a petition moved to restrain the transfer of elephants into the State under the Captive Elephant (Transfer & Transport) Rules, 2024. The Division Bench comprising...
“Assessee Entitled To Hearing If Pre-Deposit Is Made”: Gauhati High Court Grants Fresh Hearing
The Gauhati High Court while granting a fresh hearing to the assessee stated that the benefit of hearing has to be given to the assessee as the statutory deposit has already been made by the assessee. The Bench of Justice Arun Dev Choudhury observed that “This court though cannot find fault with the appellate authority in non-entertaining the appeal due to non-compliance of...