All High Courts
[O 14 R 2 CPC] Trial Court Can't Decide Question Of Limitation As Preliminary Issue If It Involves Mixed Question Of Facts & Law: Sikkim HC
The Sikkim High Court has held that examination of the issue of limitation by the Trial Court as a preliminary issue in an application under Order XIV Rule 2 of the Code of Civil Procedure, 1908 (CPC) is erroneous, if the issue of limitation contains a mixed question of facts and law. The Trial Court can examine preliminary issue only pertaining to issue of law, it held.Justice Bhaskar...
No Provisions Of Appeal Provided Against An Order Passed By State GST Officer Under IGST Act: Allahabad High Court Admits Writ Petition
The Allahabad High Court has admitted the writ petition stating that the IGST Act lacks provision for appeals provided against an order passed by the state GST Officer.The bench of Justice Saumitra Dayal Singh and Justice Anish Kumar Gupta while admitting the writ petition noted that order passed under the IGST Act, the appeal shall lie before the Central Tax Officer. However, Section 6(3) of...
Karnataka High Court Declines To Quash Case Against TOI Editorial Director Jaideep Bose For Allegedly Defamatory Article On Auction Of Artwork
The Karnataka High Court has refused to quash a defamation case registered against Jaideep Bose, Editorial Director of Bennett Coleman and Co Ltd, which publishes the newspaper Times of India.A single-judge bench of Justice N S Sanjay Gowda, however, quashed the proceedings initiated under Sections 499 and 500 of the Indian Penal Code against the company. The company, Bose and others...
Services Provided By IMG Utilized By BCCI Outside India, Income Not Liable To Be Taxed: Delhi High Court
The Delhi High Court has held that services provided by International Management Group (IMG) are utilized by the Board of Control for Cricket in India (BCCI) outside India, so the income determined as Fee for Technical Services (FTS) cannot be deemed to accrue in India and therefore cannot be taxed in India.The bench of Justice Yashwant Varma and Justice Purushaindra Kumar Kaurav observed...
Application By Woman Under Domestic Violence Act Can't Be Dismissed By Trial Court Without Issuing Notice, Carrying Out Inquiry: Karnataka HC
The Karnataka High Court has said that an application made by a woman under provisions of the Protection of Women from Domestic Violence Act, 2005, cannot be dismissed by the trial court without issuing notice to the respondents or carrying out an enquiry.A single judge bench of Justice M Nagaprasanna allowed the petition filed by a woman and set aside the order dated 18-03-2024, passed by...
Delhi High Court Refers To Bhartiya Nagrik Suraksha Sanhita For First Time While Dealing With Forgery In Trademark Dispute
The Delhi High Court has referred to Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) for the first time after it came into effect on July 01, while dealing with the issue of forgery and fabrication of documents by a party in a trademark infringement dispute.In a ruling passed on July 02, Justice Prathiba M Singh dealt with a suit wherein two newspaper advertisements relied upon by the plaintiff,...
Bombay HC Sets Aside Stay On 'Exceptional' Transfer Of Indian Express Employee, Says Prior Dispute With Employer No Reason To Presume Malafides
The Bombay High Court on Tuesday observed that merely a transfer of an employee being exceptional and there being previous litigation between employer and employee is not a ground for the Industrial Court to stay the transfer.Justice Sandeep Marne allowed a writ petition filed by Indian Express (P) Ltd. seeking to set aside Industrial Court's order of interim stay on the transfer and promotion...
[Kerala Registration Act] Rubber Trees Are Immovable Property, Agreement To Tap Rubber Is A Compulsorily Registrable Document: High Court
The Kerala High Court held that an agreement to tap rubber trees should be registered as per the Kerala Registration Act. The Court held that rubber trees are immovable properties and an agreement with the owner of the plantation to tap the rubber creates an interest in the immovable property. Therefore, the document is a compulsorily registrable one.The Court rejected the trial court's...
Kerala High Court Orders Police Protection For Principal And Staff Of Gurudeva College Allegedly Manhandled By SFI Activist
The Kerala High Court yesterday ordered the Police to offer protection to the principal, staff and students of Gurudeva College of Advanced Studies, Koyilandi. The police were asked to make sure that the law and order is maintained in the college. The protection order was granted as the college is set to re-open on 4th July.Justice Devan Ramachandran ordered:“The police will ensure...
GST Appeal Filed Online Is Within Time, Karnataka High Court Condones Delay In Physical Filing
The Karnataka High Court has condoned delay in the physical filing of the appeal as the appeal was filed via online mode within time.The bench of Justice S. Sunil Dutt Yadav observed that Rule 108(3) was amended to the extent that the date of appeal would be the date of issuance of acknowledgment, which was on June 3, 2022, and the change is in contradistinction to the earlier requirement,...
Telangana High Court Orders Action Against Off-Campus Centre Of Malla Reddy University For Being Established Without Prior Sanction Of State Govt, UGC
The Telangana High Court has passed interim direction to the State and the University Grants Commission (UGC) directing them to take action against the Malla Reddy University, Center of Excellence for Commerce and Design an off-campus centre of the Malla Reddy University, for having been established without the prior sanction from the State of Telangana and the University Grants...
Kerala High Court Acquits Death Row Convict After He Spends Over 10 Years In Jail, Grants Rs 5 Lakh Compensation
The Kerala High Court has acquitted one Gireesh Kumar and overturned the death sentence imposed on him by the Sessions Court, after he spent over 10 years in jail. He had been convicted on charges of trespassing with intent to commit robbery, rape, and the murder of a 57-year-old woman in Kollam in 2013.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M....