All High Courts
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...
[Trademarks Act] Infringement Proceedings Can't Be Quashed Due To 'Irregularity' Of Search & Seizure Without Registrar's Opinion: Karnataka HC
The Karnataka High Court has held that non-compliance with Subsection (4) of Section 115 of the Trade Mark Act, which mandates taking opinion of the Registrar of Trade Marks, before carrying out search and seizure is an irregularity for which the infringement proceedings cannot be quashed.A single judge bench of Justice Suraj Govindaraj held thus while dismissing a petition filed by Manjunatha...
Confession U/S 27 Evidence Act Not Reliable Until There Is Discovery To Corroborate Its Veracity: Rajasthan High Court
Rajasthan High Court ruled that any information gathered under Section 27 of the Indian Evidence Act, 1872 (“the Act”), is required to be corroborated and supported by recovering or discovering something in pursuance to that information which distinctly relates to the commission of the crime to verify the confession made by the accused to the police officer. Section 27 of the...
Family Booked For Cheating Depositors Found Involved In More Than 100 Other Cases: Kerala High Court Refuses Bail
The Kerala High Court has dismissed the bail applications moved by four members of the same family who were arrayed as accused for allegedly committing criminal breach of trust and offences under the Banning of Unregulated Deposit Schemes Act, 2019.Justice C S Dias observed that the petitioners were accused of being involved in more than 100 crimes registered across various police stations in...
Asking Name, Address Of Unknown Woman Inappropriate But Prima Facie Not Sexual Harassment: Gujarat High Court
The Gujarat High Court has observed that asking an unknown woman her name, address, and mobile number may be inappropriate but does not prima facie constitute sexual harassment under Section 354A of the Indian Penal Code (IPC).This observation was made by Justice Nirzar Desai in a case involving a man from Gandhinagar, Samir Roy, who was booked under Section 354A IPC for allegedly asking...
Issuing Slew Of Guidelines, Tripura HC Orders State To Frame SOP For Probe In Missing Person Cases, Ensure Police Adherence
The Tripura High Court has directed the state government to formulate and issue a Standard Operating Procedure (SOP) for handling cases of missing persons, including children, men, and women. A bench of Justice T. Amarnath Goud also underscored the importance of having a comprehensive SOP to guide the state police force in its investigations and responses to reports on...
[Cash For Jobs Scam] Calcutta High Court Directs Govt To Submit Details Of Teachers Appointed From 2015 TET Panel
The Calcutta High Court has directed the West Bengal Board of Primary Education (WBPPE) to submit the list of names of all those who were recruited from the 2015 Teacher's Eligibility Test (TET) panel.Notably, the 2014 and 2015 TET exams have been married in controversy due to the unravelling of the now infamous cash-for-jobs recruitment scam under which high-ranking government officials...
Identical Marks For Medicines Could Mislead Customers, Delhi High Court Restrains Rebanta Healthcare From Using Dr Reddys' Registered Trademark
The Delhi High Court single bench of Justice Mini Pushkarna held that using visually and phonetically identical marks for medicines could confuse the general public, especially when the products serve different medical purposes. A permanent injunction was granted against Rebanta Healthcare Pvt. Ltd. for using Dr Reddys Laboratories Ltd.'s trademark 'REBAHEAL'. Both Rebanta and Dr...