All High Courts
Coparceners Cannot Alienate Any Specific Share Of Land Belonging To Hindu Joint Family Property Other Than Their Own Share: Madhya Pradesh HC
The Madhya Pradesh High Court has discussed the issue of the sale of a part of land belonging to a Hindu joint family property. The court adjudicated on the question of whether a specific piece of land, not being the share of a coparcener, can be alienated. In answering the question in the negative, Justice Gurpal Singh Ahluwalia held that:“Although a coparcener or co-sharer can alienate to...
Registering Authority Cannot Examine Subject Matter Of Sale Deed If It Does Not Have Any Defects: Jharkhand High Court
The Jharkhand High Court has recently reiterated that in cases of registration of sale deeds, the registering authority cannot examine the nature of right, title, character of the deed's subject matter, if it is properly executed and does not have any legal or formal defects. Relying on a 2012 ruling of a coordinate bench in Dinesh Singh vs. The State of Jharkhand & Others, a single...
Allahabad HC Seeks UP Bar Council's Reply On Formulating An Insurance Scheme For All Practising Lawyers Of State
On Tuesday, the Allahabad High Court asked the Uttar Pradesh State Bar Council to respond to a proposal to formulate an insurance scheme for all practising lawyers in the state, including the government advocates. A bench of Justice Rajan Roy and Justice Om Prakash Shukla proposed that local bar associations in Uttar Pradesh could implement an insurance policy for lawyers with...
Allahabad High Court Issues Notice On Apna Dal (S) Leader's Plea Challenging Election Of SP's Robertsganj MP Chhotelal
The Allahabad High Court on Tuesday issued notice to the Samajwadi Party's Member of Parliament, Chhotelal Kharwar, on an election plea filed by Apna Dal (Sonelal) leader Rinki Kol challenging his election from Robertsganj Lok Sabha Constituency in the recently concluded General Elections. Apna Dal (Sonelal), an ally of the ruling Bharatiya Janata Party (BJP), had fielded Kol as...
Arbitral Tribunal First To Adjudge Non-Arbitrability Of Dispute And Ground Of Res-Judicata, Courts Can Have Second Look After Award: Rajasthan HC
The bench of Justice Nupur Bhati at the Rajasthan High Court accepted an application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator and observed that the issue of non-arbitrability of a dispute under an arbitration agreement falls under the domain of the arbitral tribunal in the first instance and the courts have the power to...
Absence Of Proof In Employee's Engagement In Dual Employment, Kerala HC Directs Employer To Pay Salary
A single judge bench of the Kerala High Court, comprising Justice N. Nagaresh, while deciding a petition, held that an employee is entitled to arrears of salary because the employer could not produce enough evidence to prove that employee was engaged in dual employment. Background Facts The respondent was employed by Quattro Investments Pvt. Ltd. as an Area Sales Manager starting...
Gender Issues In Malayalam Film Industry: High Court Reserves Judgment In Plea Challenging Publication Of Justice Hema Commission Report
The Kerala High Court has reserved its judgment in the plea challenging the publication of the contents of Justice Hema Commission Report.The Justice K. Hema Committee was established in 2017, and tasked with studying and suggesting solutions for issues faced by women in the Malayalam film industry.The plea was filed by Malayalam film producer, Sajimon Parayil challenging the order of the...
Entertainment Tax Act Does Not Contain Mechanism To Assess Or Collect Tax On Sponsorships: Delhi High Court
The Delhi High Court has observed that the Entertainment Tax Act does not contain a mechanism for assessing and collecting tax on sponsorships.Justice Rajiv Shakdher observed that imposition of a tax on sponsorship under the Entertainment Tax Act must fail in the absence of a specific charging provision.“The unamended Section 2(m) of the Entertainment Tax Act did not cover sponsorship...
Madras High Court Criticizes DVAC For "Short Circuiting" Criminal Prosecution Of Ministers, Says Politician And Common Man Equal Before Law
While setting aside the discharge of Tamil Nadu's Revenue and Finance Ministers KKSSR Ramachandran and Thangam Thenarasu respectively in a disproportionate assets case, the Madras High Court said that it had a sacrosanct constitutional duty to interfere to prevent the "grossest abuse" of the judicial process.The court observed that the rule of law meant that every person would be equal...
Reopening Based On Entirely New Material Deprives Taxpayer's Right To Object To Re-Assessment: Delhi High Court
The Delhi High Court held that a decision to reopen or reassess cannot be based or sought to be justified either on additional reasons or those which may be supplied subsequently while disposing of objections preferred by an assessee.At the same time, the High Court clarified that the statutory scheme of reassessment neither sanctions vacillation nor can a decision to trigger reassessment...
Section 498A IPC Is Indeed Being Misused, Even Bed-Ridden Persons Are Being Roped In: Bombay High Court Observes Orally
The Bombay High Court on Wednesday reiterated its concerns over the rampant misuse of section 498A of the Indian Penal Code (IPC).A division bench of Justices Ajay Gadkari and Dr Neela Gokhale while maintaining that they do have "sympathy for the victims" of the offences under section 498A, said they yet feel that the law is being misused. "Mr counsel, we can say that 498A is being...
Indiscriminate Sewage, Industrial Waste Disposal Into Sabarmati River Turning It Into "Cesspool Of Dangerous Bacteria": Gujarat High Court
Expressing concern at the "indiscriminate" disposal of Ahmedabad's sewage and industrial waste into the Sabarmati river turning it into a "cesspool of dangerous" drug-resistant bacteria, the Gujarat High Court directed the concerned authorities to include all stakeholders for working out reutilisation of treated industrial wastewater. A special division bench of Chief Justice Sunita Agarwal...