All High Courts
Judge's Job Entails Long Work Hours, Call Of Duty Trumps Personal Exingencies: Justice P. Somarajan Bids Farewell To Kerala High Court
The High Court of Kerala held a full-bench reference on Friday on the occasion of the retirement of Justice P. Somarajan. Acting Chief Justice A. Muhamed Mustaque, Advocate General Shri. Gopalakrishna Kurup and Kerala High Advocate Association President Adv. Yeshwanth Shenoy remembered the service rendered by Justice Somarajan.Justice Somarajan stated that he had a record rate of disposal...
Reassessment Notice Not Complying Section 148 Pre-Conditions Is Beyond Jurisdictional: Bombay High Court
The Bombay High Court at Goa has held that the reassessment notice issued without complying with the pre-conditions mentioned in Section 148 of the Income Tax Act was beyond jurisdiction.The bench of Justice M. S. Karnik and Justice Valmiki Menezes has observed that the substantive rights of the original petitioner were governed by the provisions of the Portuguese Civil Code. The fact that...
TPO Lacks Jurisdiction To Question Commercial Expediency Or Genuineness Of Need: Delhi High Court
The Delhi High Court has held that the statutory authority conferred upon the Transfer Pricing Officer (TPO) can only extend to an examination of the appropriateness of the method adopted for the purposes of determining arm's length pricing (ALP) or evaluating the enlistment of comparables. However, the TPO would neither be justified nor could it be countenanced to have the jurisdiction...
Loans Extended By NOIDA Is Not Commercial Activity, Eligible For Section 10(46) Exemption: Delhi High Court
The Delhi High Court has held that the loans and advances extended by the New Okhla Industrial Development Authority (NOIDA) are not commercial activities and are eligible for exemption under Section 10(46) of the Income Tax Act.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the respondent department has erred in holding that the loans and...
Sensitise Police Officers To Register FIR Under Bhartiya Nyaya Sanhita, Not IPC: Karnataka High Court To State
The Karnataka High Court on Friday directed the State government to sensitise all the jurisdictional police stations to henceforth register crimes only under the Bharatiya Nyaya Sanhita and not under the now repealed Indian Penal Code.A single judge bench of Justice M Nagaprasanna gave the direction while hearing a petition questioning the registration of a crime registered on July 1...
Union Minister Suresh Gopi Approaches Kerala High Court Seeking Discharge In Luxury Cars Tax Evasion Case; Hearing On July 19
Union Minister and film actor Suresh Gopi has approached the Kerala High Court challenging the order of Special MP/MLA Court dismissing his discharge application in the infamous luxury cars tax evasion case.Single bench of Justice CS Dias has posted the matter for hearing on 19th July.The actor had bought two luxury cars from Audi dealers in Ernakulam in 2010 and 2016. It is alleged that...
Delhi Riots: High Court Reserves Order On Plea Seeking SIT Probe Into Death Of Man Forced To Sing 'Vande Mataram'
The Delhi High Court on Friday reserved judgment on a plea moved by mother of 23 year-old Faizan, who was forced to sing Vande Mataram during the 2020 North-East Delhi riots, seeking SIT probe into her son's death.Justice Anup Jairam Bhambhani reserved the verdict in the plea which was filed in 2020. The incident relates to a video that had gone viral on social media wherein Faizan was...
S.31 State Financial Corporation Act Only Provides Procedure For Enforcement Of Claims Against Debtor, Surety; No Decree Can Be Passed: Rajasthan HC
Rajasthan High Court has held that no independent execution petition is maintainable regarding a successful application under Section 31 of the State Financial Corporations Act 1951 (“the Act”) since the application under Section 31 cannot be termed as plaint in a suit in which a money decree could be passed by the court.Section 31 of the Act provides for special provisions for enforcement...
Interpretation Of 'Scale Of Rates' By Tariff Authority For Major Ports Is A Binding Decision: Bombay High Court
The Bombay High Court has held that the Tariff Authority for Major Ports (TAMP) is the authority to interpret the 'Scale of Rates' fixed by it for services, port dues and other charges under the Major Port Trust Act, 1963 (MPT Act) and that its interpretation is a 'decision' and binding on the parties involved.The Division Bench of Justices K. R. Shriram and Jitendra Jain were considering...
'Unable To Focus, Come With Specific Issues': Bombay High Court Inclined To Close Plea Related To Potholes In Mumbai
The Bombay High Court on Friday expressed that it was inclined to close the proceedings stemming out of a contempt of court petition highlighting the issue of potholes across Mumbai and neighbouring cities.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar expressed that the court and also the authorities were unable to focus on the main issue as there are...
POCSO Case: Karnataka High Court Exempts Former Chief Minister BS Yediyurappa From Personal Appearance Before Trial Court On July 15
The Karnataka High Court on Friday adjourned to July 26, hearing of a petition filed by former Chief Minister BY Yediyurappa seeking to quash a POCSO case registered against him. However, the court exempted Yediyurappa from personally remaining present before the trial court on Monday (July 15).A single judge bench of Justice Krishna S Dixit said “Request for adjournment is allowed. Ld judge...
Woman Moves Kerala High Court To Remove Her Morphed Videos From Internet
A woman from Kozhikode has approached the Kerala High Court seeking directions to remove her alleged morphed videos from the internet. Justice A. Badharudeen has issued notices to all intermediaries including Google, Meta and Yahoo on the petition seeking to make the video unavailable on search.The woman was a Panchayat Vice-President and alleges that some people, out of political rivalry, made...