All High Courts
Husband Convicted For Causing Dowry Death Cannot Inherit Deceased Wife's Property Under Hindu Succession Act: Bombay High Court
A husband convicted for causing the dowry death of his wife stands disqualified from inheriting the property of the deceased wife as provided under Section 25 of the Hindu Succession Act, the Bombay High Court held recently.Single-judge Justice Nijamoodin Jamadar rejected the argument of the Testamentary Department which opined that a person convicted for causing dowry death (under section...
Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. It further held that while there is no statutory limit to file a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), such petitions cannot be entertained if...
Justice Sujit Narayan Prasad To Serve As Acting Chief Justice Of Jharkhand High Court Following Retirement Of Justice BR Sarangi
Justice Sujit Narayan Prasad has been appointed as the acting Chief Justice of the Jharkhand High Court. This appointment comes as incumbent Chief Justice Bidyut Ranjan Sarangi demits office after a brief tenure lasting nearly a fortnight.Justice Sarangi was appointed as the Chief Justice on July 3 and will demit the office today. Justice Prasad will take charge as the acting CJ from...
Invoking Section 8(1) Of Arbitration And Conciliation Act, 1996, Formal Application Is Required, Averment In Written Statement Not Enough
The Telangana High Court has clarified the procedural requirements for invoking arbitration under Section 8(1) of the Arbitration and Conciliation Act, 1996. The court held that a formal application for referring parties to arbitration must be filed before submitting the first statement on the substance of the dispute, typically the written statement in a suit. The case arose from a...
Calcutta High Court Directs WB Police To Submit Details Of All Cases Registered Against BJP Leader Suvendu Adhikari, Restrains Coercive Action
The Calcutta High Court has called for case diaries of all police complaints registered against BJP Leader of Opposition in West Bengal, Suvendu Adhikari to be placed before the Court. This comes in an ongoing hearing into Adhikari's plea against the criminal cases registered against him, on the grounds that the same was being done due to the State's vendetta at him switching...
Peaceful Protests Deepen Reach Of Democracy, Increase Chances Of Its Survival: Madras High Court Allows Protests By BJP In Tirunelveli
While asking the state to consider a representation by the Bharatiya Janata Party to conduct a protest, the Madras High Court highlighted that the right to expression is an essential part of democracy. Justice B Pugalendhi observed that in a democratic country, every political party had a right to conduct an agitation, and a peaceful protest could deepen a democracy's reach...
Kerala High Court Stays Governor's Move To Constitute Search Committee For Appointing KUFOS Vice Chancellor
The Kerala High Court has stayed Governor Arif Mohammad Khan's decision to form a Search-cum-Selection committee for conducting the selection process for appointing the Vice Chancellor of the Kerala University of Fisheries and Ocean Studies (KUFOS).Justice Ziyad Rahman A.A. thus issued an interim order staying all further proceedings based on the notification dated 28 June 2024 passed by...
BNSS Will Be Applicable To All Criminal Appeals Filed After 1st July: Kerala High Court Frames Guidelines
The Kerala High Court has laid down the following principles to determine whether the procedure under the Code of Criminal Procedure, 1973 (Cr. P.C) or Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is applicable when an appeal is filed.An appeal filed on or after 01.07.2024 shall be governed by BNSSIrrespective of whether the conviction was given on or before 01.07.2024 or if the appeal...
JAO Not Empowered To Issue Section 148A(b) Notice Under Faceless Assessment: Bombay High Court
The Bombay High Court has held that it was not permissible for the Jurisdictional Assessing Officer (JAO) to issue a notice under Section 148A(b), as the same would amount to a breach of the provisions of Section 151A of the Income Tax Act.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that the notice was invalid and bad in law being issued by the JAO as...
Section 148A(d) Order Passed Without Section 151 Sanction Is Illegal: Bombay High Court
The Bombay High Court has held that if an order is passed under Section 148A(d) of the Income Tax Act in the absence of an appropriate sanction in terms of the provisions of Section 151 of the Income Tax Act, the order and the consequent notice under Section 148 would be required to be declared illegal.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that...
Investment Allowance Available On Exchange Rate Fluctuation: Bombay High Court
The Bombay High Court has held that investment allowance is available on exchange rate fluctuations.The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has relied on the decision of the Supreme Court in the case of Commissioner of Income-Tax vs. Ambika Mills Ltd., in which it was held that investment allowance, consequent to exchange rate fluctuation, would be...
Can't Let Credibility Of Indians Be Affected In UAE: Kerala HC Denies Relief To Businessman In Loan Fraud Case By Sharjah Based Bank
The Kerala High Court recently dismissed the petition filed by Abdul Rahman, a Malayali businessman seeking to quash the FIR registered against him on behalf of a UAE-based bank for cheating of 42.898 million UAE dirhams.Rahman, the owner of Hexsa Oil and Gas Services, is accused of absconding from Dubai after taking a loan from the Invest Bank, Sharjah and diverting the money for his...