All High Courts
No Fundamental Right To Elect Or Be Elected: Kerala High Court
The Kerala High Court has held that the Court have to strictly go by the law and cannot apply rules of equity in an election matter. The Court held that right to elect though fundamental to a democracy is neither a fundamental right neither a common law right.Justice C. S. Sudha observed:“Outside of statute, there is no right to elect, no right to be elected and no right to dispute an...
Gujarat HC Orders Inquiry Into Windmill Installations Near Bhavnagar Villages Over Alleged Violations Of Noise Mitigation Guidelines
The Gujarat High Court has issued a directive to the Chairman of the Gujarat Energy Development Agency (GEDA) to investigate the permissions granted for windmill installations in Bhavnagar villages. This directive follows a public interest litigation (PIL) filed by Vikrambhai Nanjibhai Dabhi, a resident of Village Dakana and Chairman of the Public Health Committee, District Panchayat,...
Kallakurichi Hooch Tragedy | Financial Relief Not 'Reward' For Victims But To Help Dependents: Madras HC Dismisses Plea Challenging ₹10 Lakh Compensation
The Madras High Court recently dismissed a petition challenging the payment of Rs 10 Lakh as ex gratia payment to the families of Kallakurichi Hooch tragedy victims. Justice SS Sundar and Justice N Senthilkumar dismissed the plea after noting that the ex gratia payments were made on humanitarian grounds. The court noted that the relief was to reward the victims but to help the...
GST Not Payable On Consideration against 'Works Contract ' Executed In Maldives: Telangana High Court
The Telangana High Court has held that GST is not payable on consideration received towards 'works contract service of construction' executed in the Maldives.The bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao has observed that the location of immovable property is located in the Maldives or outside India. Hence, the place of supply shall determine the 'location of...
Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code (CrPC) cannot be allowed in cases where such applications are filed only to drag the proceedings/trial.A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by one Stanly Kirthiraj challenging the order of the trial court rejecting his application seeking to recall the...
Goods In Transit Without Documents, Can Survey Business Premises To Find Correctness Of Transaction: Allahabad High Court
The Allahabad High Court has held that if the goods in transit are not accompanied by proper documentation, including e-way bill, the authorities can survey the business premises of the assesee to determine the correctness of the transaction. However, it was held that if the e-way bill was produced before passing of seizure order under Section 129 of the Goods and Service Tax Act, 2017,...
Contribution For Community Services By Employer Under MOU With Workers Union Is Business Expenditure : Bombay HC
The Bombay High Court recently held that contribution to public welfare fund, if connected with or related to carrying on assessee's business, or if it results in benefits to assessee's business, should be allowable deduction u/s 37. The High Court held so while deciding on the taxability of the contribution made by the employer/assessee (Tata Engineering & Locomotive) to its...
Allahabad High Court Holds Deputy Commissioner Of Income Tax Guilty Of Contempt
The Allahabad High Court has held Retired Deputy Commissioner Of Income Tax Range 2 guilty of contempt of Court under Section 12 of the Contempt of Courts Act, 1971 for assuming jurisdiction in respect of the assesee-applicant in respect of a different assessment year when the Writ Court had directed that he has no jurisdiction in respect of the assesee. While directing...
Bombay High Court Grants 3-Weeks Interim Protection To Refugee Family Facing 'Leave India' Notice, Allows Continuation Of Children's Studies
A few days after pulling up a Yemeni family for taking undue advantage of India's 'liberal attitude', the Bombay High Court on Monday granted three weeks protection to the 'refugee' family, which is facing 'Leave India Notice' for overstaying their visa for nearly a decade.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan granted protection to Khaled Gomaeai Mohammad...
No Bar In Registering Case And Counter Case Arising Out Of Same Incident, IO Must Probe Both Versions According To Standing Orders: Madras HC
The Madras High Court has issued a set of guidelines to all stakeholders for dealing with cases and counter cases. A full bench of Justice G Jayachandran, Justice M Nirmal Kumar, and Justice N Anand Venkatesh were answering a reference made to it relating to case and counter case and how the courts and investigation agencies were required to handle them. “There is no legal bar...
Oral Gift Under Mohammedan Law Reduced In Writing On Unregistered Document Cannot Be Subjected To S.47A Of Indian Stamp Act: Allahabad HC
The Allahabad High Court has held that oral gift under the Mohammedan Law which is reduced in writing on an unregistered document cannot be subjected to proceedings under Section 47-A of the Indian Stamp Act.Section 47-A of the Indian Stamp Act empowers the Collector to initiate proceedings for deficiency in stamp duty on any instrument under the Act. Sub-section (1) of Section 47-A provides...
"No Extra Business": Bombay High Court Pulls Up Indrani Mukherjea For Her "Extra Work List" For Travelling Abroad
The Bombay High Court on Monday pulled up Indrani Mukherjea, prime accused in the infamous Sheena Bora murder case for increasing her 'tasks' that she wanted to perform in Spain and the United Kingdom, so as to convince the court to permit her to travel abroad.Single-judge Justice Shyam Chandak noted that in her plea before a special court, Mukherjea had listed certain tasks or works, that...