Tax Authorities Cannot Resurrect Repealed VAT Powers After GST Regime, Nor Retain Deposits Without Statutory Backing: Tripura High Court

The Tripura High Court has held that where show-cause notices imposing penalty under Section 77 of the Tripura Value Added Tax Act, 2004 (TVAT Act) were issued after delay of 9 years, long after the repeal of the TVAT Act after GST Regime, are arbitrary, illegal and vitiated by malafides. The Court further held that the State cannot retain the security deposit taken for VAT registration...

J&K&L High Court Grants Bail To Allegedly Fake 'Bahubali' Co-Producer Accused Of Fraud

While granting bail to a man who had claimed to be a “Co-Producer” of the movie Bahubali, the Jammu & Kashmir and Ladakh High Court has observed that mere pendency of criminal cases elsewhere, without resulting convictions, cannot be a ground to keep an accused in jail for an indefinite period once the investigation is complete and the chargesheet is filed.The Court was hearing a...

Post-Award Claim For Reimbursement Of Municipal Tax Is Not Maintainable U/S 9 Arbitration Act: Calcutta High Court

The Calcutta High Court held that a partner cannot claim reimbursement of municipal tax payments through a post award petition filed under section 9 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) as such issue constitutes substantive monetary dispute requiring adjudication under section 34 of the Arbitration Act. Justice Gaurang Kanth dismissed the petition filed...

Madras High Court Commutes Death Sentence Of Man Who Pushed Former Lover In Front Of Train For Refusing Marriage

The Madras High Court has commuted the death sentence of a man who pushed his former lover in front of a moving train after she refused to marry him. While the bench of Justice N Sathish Kumar and Justice M Jothiraman agreed that the commission of murder could not be justified, the court added that the act did not fall under the category of rarest of rare. The court also noted that...

Reasoned Bail Orders By HC Must Avoid Comments On Prosecution Evidence Or Merits Of Case: J&K&L High Court

Reiterating that bail adjudication during an ongoing trial is an exercise in limited overview jurisdiction, the High Court of Jammu & Kashmir and Ladakh has held that while High Courts must provide reasons for granting or refusing bail, they must scrupulously avoid entering into the merits or sufficiency of the evidence, even when considering factors such as prolonged incarceration and...

Executive Has Tendency To Encroach Upon Fundamental Rights, Only Fearless Judiciary Can Keep It Within Bounds: Justice Abhay S. Oka

Retired Judge of the Supreme Court Justice Abhay S. Oka has said that the executive has a tendency of trampling upon citizens' fundamental rights and it is only a strong judiciary, which can keep the executive in check.The judge was delivering a lecture on the topic 'Holding the executive to account – responsibility and duty of the judges' at an event organised by the Kerala High...

Orissa High Court Orders ₹20 Lakh Compensation To Wife Of Undertrial Who Died Of High Blood Sugar Due To Jail Authorities' Negligence

The Orissa High Court has ordered rupees twenty lakh compensation to the wife of an under-trial who died in 2017 due to negligence of prison authorities in providing required medical attention despite having knowledge of his chronic diabetes and high blood sugar.Referring to the last-minute-effort made by the jail authorities in seeking judicial leave to shift the deceased to hospital, the...

Madras High Court Temporarily Restrains Makers Of "Dude" Movie From Using Songs Of Ilaiyaraaja

The Madras High Court, on Friday (28th November), temporarily restrained the makers of the "Dude" movie from using the songs of renowned musician Ilaiyaraaja. Justice N Senthilkumar granted an interim injunction in a plea moved by the musician seeking to restrain Mythri Movie Makers, producers of the "Dude" movie, from using his songs unauthorisedly. The court had reserved orders on November...

Abhijit Iyer Mitra Moves Delhi High Court Seeking Rejection Of Newslaundry Journalists' Defamation Suit Over Alleged Abusive Tweets

Abhijit Iyer Mitra has moved the Delhi High Court seeking rejection of the defamation suit filed by nine women employees of digital news platform Newslaundry alleging that he had posted sexually abusive social media content against them on X.Mitra has filed the application under Order 7 Rule 11 of Code of Civil Procedure, along with an application seeking condonation of delay. The matter came...

'Lame Excuses': Gujarat High Court Upholds GST Authority's Rejection Of Appeal Filed Beyond Limitation

The Gujarat High Court on Thursday (November 27) upheld order of the appellate authority under the GST Act which had dismissed a partnership firm's appeal on the ground that it was filed beyond the limitation period prescribed under the statute. The court held that the Act prescribes a maximum limitation period of 120 days which can be condoned by the appellate authority in entertaining...

Arrested At 1AM In Violation Of CrPC Safeguards, Gauhati High Court Grants Bail To Woman After 2.5 Years In Custody

The Gauhati High Court recently granted bail to a woman doctor, booked for ill-treating her foster child, after finding that she had been arrested at night without prior permission of the Judicial Magistrate of the first class, in violation of the mandatory safeguards prescribed under the Code of Criminal Procedure.Dr. Sangeeta Dutta was arrested in 2023 along with her husband Dr. Walliul...

Advancing Forensics Can Crack Cases Even After Decades, 'Never Too Late To Seek Truth': Delhi High Court Orders CBI Probe Into 2017 Death

The Delhi High Court has ordered Central Bureau of Investigation (CBI) to probe into death of a 23-year-old hotel manager in 2017, while flagging lapses in the investigation conducted by the Delhi Police. Justice Tushar Rao Gedela noted that there are various cases of crime where the investigations overcame the challenges and finally fructified after decades, due to advancements in...