All High Courts
Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. A single judge bench of Justice M Nagaprasanna quashed the proceedings initiated under sections 376(2)(n), 506 of IPC and Sections...
Delhi High Court Weekly Round-Up: July 15 To July 21, 2024
Citations 2024 LiveLaw (Del) 784 to 2024 LiveLaw (Del) 810NOMINAL INDEXReliance Communications Limited Vs Unique Identification Authority Of India 2024 LiveLaw (Del) 784 Deepak Sinha vs. Ministry Of Health And Family Welfare & Anr. 2024 LiveLaw (Del) 785 Bar Council of Delhi v. Govt. ofN.C.T. of Delhi & Ors. 2024 LiveLaw (Del) 786 Olive Traders Versus The Commissioner, CGST...
Not Permissible For TPO To Engage In Restructuring Of Transaction: Delhi High Court
The Delhi High Court has held that it is not permissible for the Transfer Pricing Officer (TPO) to engage in the restructuring of a transaction.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that it would also not be permissible for the TPO to engage in the restructuring of a transaction unless the economic substance of the transaction differed from its form, and...
LLP And Its Individual Partners Can't Raise Same Issue By Separate Appeals U/s 37 Of Arbitration Act: Calcutta High Court
The Calcutta High Court single bench of Justice Sabyasachi Battacharyya held that an LLP and its partners cannot file separate appeals under Section 37 of the Arbitration and Conciliation Act by citing the principle of 'separate legal entity'. It was held that the principle of res judicata would apply to prevent the individual partners from raising the same issue under Section 37,...
Teachers Above 50 Yrs Age Exempted From Transfer: Karnataka HC Upholds Tribunal Order Setting Aside Transfer Of Surplus Teachers
The Karnataka High Court has observed that whenever a beneficial provision is incorporated in a statute, it has to be given effect in favour of the beneficiaries by authorities irrespective of whether the beneficiary has made an application in that regard or not. A division bench of Chief Justice N V Anjaria and Justice S G Pandit made the observation while dismissing petitions filed...
Non-Communication Of Reassessment And Demand Notice Within Time: Manipur High Court Quashes Assessment
The Manipur High Court has held that the reassessment made by the Income Tax Officer without communicating the order of reassessment and the demand notice of the reassessment within time cannot be treated as a valid assessment.The bench of Justice Ahanthembimol Singh has observed that the two reassessment notices under Section 148 were served in the months of December 2005 and March 2006....
Gujarat High Court Grants Bail To Five Congress Workers Arrested In Alleged Stone-Pelting Incident At GPCC Office
The Gujarat High Court on Friday granted bail to five Congress workers arrested in a case of stone-pelting at the Gujarat Pradesh Congress Committee (GPCC) office in the Paldi area of Ahmedabad. The workers—Harsh Parmar, Vimal Pansara, Manish Thakor, Sanjay Barot, and Mukesh Datania—had initially failed to secure bail from the lower court and subsequently filed a petition in the...
Expert Committee's Answer Key Can Only Be Interfered With If Demonstrably Wrong, Must Be Assumed To Be Correct In Case Of Ambiguity: Rajasthan HC
Rajasthan High Court has held that interference by the Court with regard to the correctness of an answer key published by the expert committee is permissible only if it is demonstrated wrong, without any inferential process of reasoning or by a process of rationalization and only in rare or exceptional cases.Otherwise, it was stated that the Court should presume the correctness of the answers...
Delhi High Court Asks AAP Leader Somnath Bharti To Correct Mistakes In His Plea Challenging BJP MP Bansuri Swaraj's Election
The Delhi High Court on Monday adjourned to August 13 the plea filed by Aam Aadmi Party (AAP) leader Somnath Bharti challenging the election of BJP's Bansuri Swaraj as Member of Parliament from New Delhi Parliamentary Constituency in the Lok Sabha Polls, 2024, on the grounds of 'corrupt practices'.Justice Manmeet Pritam Singh Arora said that the petition had multiple typographical errors and...
OBC Quota: Madhya Pradesh HC Orders State To Pay 50K Cost In Unreserved Candidates' Plea Challenging Separate Merit Lists By MPPSC For 13% Appointments
Madhya Pradesh High Court has instructed the state to pay a cost of Rs 50,000/- for unnecessarily protracting a plea challenging the government circulars to withhold 13% of appointments, yet to be made by the M.P Public Service Commission. The Division Bench of Justices Raj Mohan Singh and Devnarayan Mishra censured the state for its failure to file a reply upon receipt of notice in...
Rajasthan HC Declines Relief To Candidates Terminated From Govt Post After One Year Of Service Due To Modified Answer Key And Revised Merit List
Rajasthan High Court rejected a bunch of petitions filed by aggrieved individuals who were terminated from their post of livestock assistants one year after their service, because of a modified answer key and consequent change in the merit list.The bench of Justice Sameer Jain was hearing a bunch of petitions filed by individuals who were appointed as livestock assistants in 2022 after...