All High Courts
What Actions Can ECI Take If A Candidate/Political Party Holds Caste-Based Rally After MCC Kicks In? Allahabad HC Asks
On Wednesday, the Allahabad High Court asked the Election Commission of India (ECI) to clarify its authority and the actions which it can take against a political party or candidate found violating the Model Code of Conduct (MCC) by holding caste-based political rallies. “Shri O.P. Srivastava, learned Senior Counsel (appearing for the ECI) shall address the Court on the next date as...
Unless Disqualified, Wife Has Absolute Right To Maintenance U/S 125 CrPC If Husband Is Healthy And Capable: Gujarat High Court
The Gujarat High Court has recently held that a wife's right to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) from a capable, able bodied husband is absolute, provided there are no disqualifying factors.The Court emphasized that a husband's claim of inability to pay maintenance due to unemployment, poor business conditions, responsibilities towards other family...
[Electricity Act] Relabelling Of Products Not 'Manufacturing', Such Activity Not Eligible For Industrial Tariff Categorization: Bombay HC
The Bombay High Court has held that the activity of relabelling products does not constitute 'manufacturing' under the Electricity Act, 2003. It stated that manufacturing under the Electricity Act would require conversion of raw materials into a fresh product using electricity-powered machines and thus relabelling would not fall within such activity.The petitioner (Maharashtra State...
Compounding Of Offences U/S 67A Of Akbari Act Is Equivalent To S. 320(8) CrPC, Has The Effect Of Acquittal: Kerala High Court
The High Court held that the principle of compounding of offence applicable for Section 320(8) of the Code of Criminal Procedure (Cr.P.C) is also applicable to the compounding of offences under Section 67A of the Abkari Act. Section 320(8) of the CrPC says that compounding will have the effect of acquittal.The petitioners in this case were alleged to possess large quantities of beer in...
"Misconceived, Filed During Divorce Proceedings": Karnataka HC Dismisses Wife's Appeal Seeking Examination Of Husband For Alleged 'Missing Brain' Condition
The Karnataka High Court on Friday dismissed an appeal filed by an estranged wife challenging a single bench order which refused to direct the appointment of an Expert Committee of neurosurgeons to examine her doctor husband who is alleged of suffering from a porencephalic cyst (missing brain).A division bench of Chief Justice N V Anjaria and Justice K V Aravind dismissed the appeal filed by...
Gujarat High Court Pulls Up Officer For "Vehemence", Filing "Misguided Response" To Oppose PIL Seeking Improvement Of State Highway
While hearing a Public Interest Litigation (PIL) seeking improvement of a state highway in Mahisagar district, Gujarat High Court on Friday expressed its displeasure with the affidavit of the concerned official stating that the road was "not totally damaged but had developed potholes", observing that every sentence in a PIL is not to be opposed. Taking a "strong exception" to the...
Resolution Plan Approved Under IBC, Income Tax Reassessment Not Sustainable: Delhi High Court
The Delhi High Court has quashed the income tax assessment order and held that the statutory injunct which would operate in respect of any claim which may pertain to a period prior to the Resolution Plan being approved.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that if a company is unable to pay its debts, which should include its statutory dues to the...
S.37 Telangana Municipalities Act | Merely Scheduling Meetings Doesn't Equate To Convening Them, Quorum Of 2/3rd Members Required: HC
The Telangana High Court yesterday, addressed the issue of interpretation of Section 37 of the Telangana Municipalities Act, 2019, specifically regarding the convening of meetings for no-confidence motions against municipal chairpersons. The key issue was whether a scheduled meeting that was postponed without being convened could trigger the one-year bar on subsequent no-confidence...
Illegally Terminated Employee Entitled To Benefits As If Termination Never Occurred: Jharkhand High Court
A single judge bench of the Jharkhand High Court, comprising Justice S.N. Pathak, while deciding a petition, held that an employee who has been illegally terminated should not be denied the benefits they would have received had the termination not occurred. Background Facts The Petitioner was appointed as a Clerk in J.K.R.R High School, Chirkunda, Dhanbad, (Employer) in...
Gauhati High Court Directs Assistant Commissioner To Release Amount Of Interest On Delayed Excise Duty Refund To GAIL
The Gauhati High Court has directed that assistant commissioner to release the amount of interest on delayed excise duty refund to GAIL India.The bench of Justice Devashis Baruah has observed that the Division Bench writ petition, while disposing of the writ petition, held that Section 11B of the Central Excise Act, 1944 did not exclude a claim of refund made in terms of the notification...
Kerala High Court Pulls Up Lawyer For Seeking 'Cheap Publicity' By Filing Meritless PIL Alleging Misuse Of Wayanad Landslide Relief Funds
The Kerala High Court came down heavily on a lawyer who approached the Court with a Public Interest Litigation requesting the establishment of a centralized system for collecting and managing the disaster relief funds meant to aid landslide victims in Wayanad. The petitioner alleged that the funds being collected for the relief of the Wayanad landslide victims, were not reaching the...
Bombay High Court Directs Govt. To Constitute A Committee To Decide SVLDRS Declaration Filed On 30th December 2019
The Bombay High Court has directed to constitute a committee to decide the declaration that was filed by the petitioner on 30th December 2019 and, on or before 30th September 2024, dispose of the declaration in accordance with law.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that the amount payable has been quantified before 30th June 2019. The scheme has the...