All High Courts
Bombay High Court Permits Woman Diagnosed With Cancer To Terminate 25-Weeks Pregnancy, Says She Has 'Reproductive Freedom'
The Bombay High Court on Wednesday allowed a married woman to terminate her over 25-weeks pregnancy so as to allow her to avail treatment against cancer.A division bench of Justices Ajay Gadkari and Neela Gokhale noted that the woman was diagnosed with pancreatic cancer, while she was pregnant. The judges noted that the medical report did not mention any risk to the life of the woman if she...
Transfer Of Depreciable Capital Assets Attracts Capital Gains Tax: Kerala High Court
The Kerala High Court has held that the transfer of the depreciable capital assets attracted capital gains tax under Section 45(4) of the Income Tax Act, in the absence of distribution of any capital asset among the partners following a dissolution of the appellant firm.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M., while upholding the order of the tribunal that...
Calcutta High Court Denies Bail To Chinese Man Who Allegedly Attempted To Enter India With Fake Nepali Passport, Travel Documents
The Calcutta High Court Circuit Bench at Jalpaiguri has denied bail to a Chinese national who attempted to enter India using a fake Nepali passport and travel documents, posing as a Nepali citizen. A single bench of Justice Subhenu Samanta upheld the order of the trial court and stated: Magistrate had taken cognizance of the offence on the basis of the charge sheet submitted by the police...
Bombay High Court Seeks Response From Centre, State On Plea To Ban Plastic Flowers
The Bombay High Court on Friday ordered the Maharashtra and the Central governments to file their affidavits in response to a writ petition seeking to ban the use of plastic or artificial flowers meant for decoration and other purposes.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was hearing a petition filed by Association of Natural Flower Growers,...
Allahabad HC Raises Concern Over Misuse Of POCSO Act Against Teenagers Involved In Consensual Romantic Relations
The Allahabad High Court on Wednesday raised concerns over the misuse of the Protection of Children from Sexual Offences (POCSO) Act, 2012, particularly in consensual romantic relationships between teenagers. A bench of Justice Krishan Pahal added that while dealing with such cases, the challenge lies in distinguishing between genuine cases of exploitation and those...
ITSC Empowered To Make Income Tax Addition: Delhi High Court
The Delhi High Court has held that the Income Tax Settlement Commission (ITSC) does not lack jurisdiction to make an addition, which has also been duly recorded in the terms of settlement.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav has observed that the objective of the settlement provisions is to strike a balance between the voluntary disclosure of income by...
MSMED Act Prevail Over Arbitration Act, Seller Can Approach Facilitation Council Even In Presence Of Arbitration Act: Telangana High Court
The Telangana High Court bench of Justice B. Vijaysen Reddy held that the provisions of the MSMED Act, 2006 will prevail over the Arbitration and Conciliation Act, 1996. The bench held that even if parties have an arbitration agreement, if the seller falls under the purview of the MSMED, it has the right to seek resolution through the designated authority for...
S.27 Evidence Act | Discovery Not Vitiated Merely If Material 'Openly Accessible', Unless It Is Visible To 'Bare Eyes' Of People: Orissa High Court
The Orissa High Court has reiterated that the statement of an accused leading to discovery of an object/material is not vitiated if the same is 'openly accessible', rather it can said to be tainted when it is visible to the 'bare eyes' of the people passing through the area.Clarifying the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash...
POCSO Offence Could Not Have Been Committed Without Interposition Of Alleged Abettor Not Enough, 'Intention' Of Abettor Must Be Shown: Kerala HC
The Kerala High Court has held that aiding committed with the 'intention' of facilitating the offence would attract an offence of abetment punishable under the POCSO Act.Section 16 of the POCSO Act defines abetment and the punishment is provided under Section 17. Justice P.G. Ajithkumar found that the petitioner aided the minor victim in availing a flat on rent in the presence of the accused...
Bombay High Court Extends Jet Airways Founder Naresh Goyal's Temporary Bail In Rs 538 Crores Money Laundering Case By Four Weeks
The Bombay High Court has extended by four weeks the temporary bail granted to Jet Airways founder Naresh Goyal in a money laundering case arising out of alleged loan default of Rs. 538 Crores given to Jet Airways by Canara Bank.Justice NJ Jamadar passed the order today after Goyal submitted an affidavit stating that his doctor has suggested him to undergo a Laparoscopic Fundoplication...
Arbitrator Involved In Another Dispute Between Same Parties Is Not Automatically Disqualified: Karnataka High Court
The Karnataka High Court bench of Justice R. Devdas has held that prior involvement as an arbitrator in a dispute or multiple appointments by one of the parties or its affiliate does not automatically disqualify an individual from serving as an arbitrator in subsequent cases. The crucial factor lies in the arbitrator's ability to demonstrate independence and impartiality in...
Kerala High Court Directs Registry To Ensure That Victims/ De-Facto Complainants Are Impleaded In Proceedings Related To Offences Under SC/ ST Act
The Kerala High Court directed the registry to ensure that the victims/de-facto complainants are made a party in proceedings in cases involving offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Justice K Babu the Registry to follow its earlier directions in this regard. The Court made this observation as it was dealing with an appeal where the...