All High Courts
Rajasthan HC Protects Private Land Owners From JDA's Demolition Drive Amid Court Vacation, Cites "7 Sub-Rights" Under Article 300-A
Rajasthan High Court has granted protection to the private land owners by preventing the Jaipur Development Authority (“JDA”) from demolishing their properties as a part of an encroachment removal drive till the time their matter is considered by a regular bench after vacation.Vacation bench of Justice Ashok Kumar Jain was hearing a petition in relation to an order passed by a division...
Lok Adalats Don't Have Adjudicatory Powers: Rajasthan High Court Sets Aside Award Permitting Withdrawal Of Criminal Prosecution
Rajasthan High Court has reiterated that Lok Adalats do not have adjudicatory powers and hence order of a Lok Adalat allowing withdrawal of a criminal prosecution cannot be sustined.The bench of Justice Anil Kumar Upman was hearing petition seeking quashing of an order of the National Lok Adalat that allowed the assistant public prosecutor to withdraw the criminal prosecution in a criminal...
Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High Court
Madhya Pradesh High Court has ruled that a married woman engaging in a continuous sexual relationship with another man cannot resort to the plea that her consent was obtained based on a false promise to marry.The single-judge bench of Justice Sanjay Dwivedi relied on several apex court judgments to iterate that consent cannot be regarded as one that has been obtained based on a misconception...
[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court
The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005.“Where in the application under Section 12, permissible amendment in view of subsequent...
"Members Of LGBTQ+ Community Vulnerable Within Jail": Bombay High Court Grants Bail To Man Accused Of Trafficking Child
The Bombay High Court recently granted bail to a man belonging to the LGBTQ+ community booked for trafficking a one year and seven months old child observing that members of the community are vulnerable within prison.Justice Manish Pitale allowed his bail application observing –“This Court is of the opinion that a person belonging to the LGBTQ+ community, who is also HIV positive, can be...
S.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint Petition
Rajasthan High Court has allowed a petition seeking amendment in a complaint under Section 138 of the NI Act and affidavit annexed to correct the typographical errors in relation to the dates of presentation and dishonour of cheque.The Court relied upon the Supreme Court case of S.R. Sukumar v Sunaad Raghuram, in which it was held that even if there is no specific provision in CrPC to amend...
Madras High Court Weekly Round-Up: June 24 to June 30, 2024
Citations: 2024 LiveLaw (Mad) 256 To 2024 LiveLaw (Mad) 265 NOMINAL INDEX Felix Jerald v State, 2024 LiveLaw (Mad) 256 Indian Institute of Technology v The Controller of Patents & Designs, 2024 LiveLaw (Mad) 257 Rahul Gandhi v State, 2024 LiveLaw (Mad) 258 Gokul Abhimanyu v Union of India and Another, 2024 LiveLaw (Mad) 259 B Anantha Lakshmi and Another v State of...
Kerala High Court Directs State To Stop All Construction For Eco-Tourism Activities On Kuruva Island
The Kerala High Court ordered to stop all construction activities for eco-tourism purposes in Kuruva island until further orders. The Court had earlier ordered for temporary closing of all eco-tourism centres in Wayand, which was after an elephant killed Vellachallil Paul, an eco-tourism employee in Kuruva island.The Court during the hearing on 26th June came to know that sanction has...
GST Regime At Nascent Stage; Bombay High Court Quashes Order Rejecting IGST Refund
The Bombay High Court has quashed the order rejecting Integrated Goods and Service Tax (IGST) on the grounds that the order was passed without any reason and without application of mind.The bench of Justice K.R. Shriram and Justice Jitendra Jain have observed that the CGST Commissioner does not have the power to condone the delay, but the writ court does. The bench further observed,...
Transportation Of Machinery From JNPT To Factory Doesn't Constitute Supply, GST Not Payable: Bombay High Court
The Bombay High Court has held that transportation of machinery from Jawaharlal Nehru Port Authority (JNPT) to the factory of the assessee does not constitute supply, and hence GST is not payable.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that the first limb of Section 129(1)(a), which provides for a penalty equal to one hundred percent of the tax payable, cannot...
Assessment Re-Opened By Dept. Based On 'Change Of Opinion'; Himachal Pradesh High Court Quashes Reassessment
The Himachal High Court quashed the reassessment order on the grounds that the assessment was re-opened by the department based on 'change of opinion'.The bench of Justice Tarlok Singh Chauhan and Justice Sushil Kukreja has observed that as per the record the objections were raised only by the Audit Party and, therefore, reasons have been recorded on borrowed satisfaction of the Audit Party...
BREAKING | WB Governor CV Ananda Bose Approaches Calcutta High Court Alleging Defamation By CM Mamata Banerjee
West Bengal Governor CV Ananda Bose has approached the Calcutta High Court with a suit of defamation against WB Chief Minister Mamata Banerjee.The plea comes in the aftermath of the Chief Minister allegedly making comments against the Governor stating that she had been informed by women that they did not feel safe visiting the Raj Bhavan due to recent allegations of sexual harassment against...