All High Courts
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...
Defamation | Case Against Co-Accused Cannot Be Quashed Due To Compromise Between Main Accused And Complainant: Karnataka High Court
The Karnataka High Court has said that a defamation case against a co-accused cannot be quashed because of a compromise entered between the main accused and the complainant. The court has to take note of the allegation made against each of the accused while deciding the plea.A single judge bench of Justice H.P Sandesh held thus while dismissing the petition filed by S Nagarajan and...
Karnataka HC Emphasises Preventive Steps To Avoid Spread Of Dengue, Suggests Imposition Of Fine To Check 'Menace Of Mosquito Breeding'
The Karnataka High Court on Wednesday suggested that the State Government and Bruhat Bengaluru Mahanagara Palike (BBMP) take preventive steps in addition to the curative steps to avoid the spread of dengue in the city of Bengaluru and other districts of the state. A division bench of Chief Justice N V Anjaria and Justice K V Aravind on going through the affidavits filed by the authorities...
Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect.The appeal, filed in 2020, sought to quash the order passed by the Judicial Member and Accountant Member of the Income Tax Appellate Tribunal (ITAT), Ranchi Bench, for different...
Senior Advocates Cannot Intimidate Juniors: Bombay High Court Raps Senior Lawyer For Raising Voice At Newly Appointed State Counsel
The Bombay High Court on Wednesday pulled up a Senior Advocate for "intimidating" a newly appointed Assistant Public Prosecutor (APP) while arguing a criminal matter.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan lost their cool when a designated senior counsel tried to intimidate the lady APP by raising his voice. "Mr advocate you need to stop this. We are not going...
Railways Must Ensure Prompt, Effective Complaint Resolution Mechanism: Delhi High Court
The Delhi High Court has observed that railways must ensure prompt, effective and structured complaint resolution mechanism for smooth and proper functioning of public transportation.“As a vital public authority, which transcends its logistical prowess to impact livelihoods of the common man in our country, Railways has a moral imperative to showcase prompt response to the concerns of...
[Maharashtra Cooperative Societies Act] No Provision For Cooperative Court To Return Plaint Before Appropriate Court When It Lacks Jurisdiction: HC
The Bombay High Court observed that there is no provision in the Maharashtra Co-operative Societies Act, 1960 (MCS Act) which empowers the Cooperative Court to return a plaint before an appropriate court when the Cooperative Court has no inherent jurisdiction to try the concerned dispute.It further observed that even though the Civil Procedure Code, 1908 (CPC) is applicable to a Cooperative...
Dowry Demand Doubtful As Marriage Solemnised Under CM Mass Marriage Scheme: Allahabad HC Grants Bail To Husband In 'Dowry Death' Case
The Allahabad High Court last week granted bail to a man (husband of the deceased/victim) accused of committing the offence of dowry death, noting that it was doubtful that any dowry was demanded in the case since the parties got married under the Chief Minister Mass Marriage Scheme. “…the marriage of deceased was solemnized with applicant under the scheme launched by the...
Order Under S. 73 GST Can't Be Passed Against Company In Corporate Insolvency Resolution Process: Allahabad High Court
The Allahabad High Court has held that order Section 73 of the Goods and Service Tax Act, 2017 cannot be passed a company which is under the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. Section 73 of the Goods and Service Tax Act, 2017 empowers a proper officer to initiate proceedings if he is satisfied that any tax has not been...