All High Courts
"Tried To Flee From Police, Conscious Possession": Karnataka HC Upholds Conviction Of Man Found With Counterfeit Currency In 2010
The Karnataka High Court has upheld the conviction handed down to a man 14 years after the accused committed the offence of being in possession of counterfeit currency.A single judge bench of Justice Ramachandra D Huddar convicted T N Kumara, dismissed the appeal filed by him challenging the conviction under Section 489B and C of the Indian Penal Code in the year 2013. The court said...
Himachal Pradesh HC Rejects Challenge To Maintainability Of Abhishek Manu Singhvi's Plea Against Rajya Sabha Poll Defeat
On Monday, the Himachal Pradesh High Court UPHELD the maintainability of Congress' Rajya Sabha MP and Senior Advocate Dr. Abhishek Manu Singhvi's election plea challenging his defeat in the Rajya Sabha polls of February 2024. A bench of Justice Jyotsna Rewal Dua DISMISSED an application moved by BJP Rajya Sabha MP Harsh Mahajan to reject the election petition filed by Dr...
Second Provisional Attachment Notice Lacking Fresh Reasons Is Arbitrary: Allahabad High Court
The Allahabad High Court stated that issuing a second provisional attachment notice without providing new or fresh reasons is considered arbitrary. The Division Bench of Justices Shekhar B. Saraf and Manjive Shukla observed that “the department cannot be allowed simpliciter to issue a second notice, and thereafter, third and fourth and continue with the provisional attachment for...
In Absence Of Specific Reasons, GST Registration Can't Be Cancelled With Retrospective Effect : Delhi High Court
Finding that the Show Cause Notice (SCN) did not mention any particulars, which would provide any clue to the taxpayer/ petitioner as to the reasons for cancellation of its GST registration, the Delhi High Court quashed the SCN as well as the order, by which the GST Commissioner had cancelled the GST registration of petitioner with retrospective effect. The Division Bench of...
By Participating In Selection Process, Candidates Do Not Get Indefeasible Right To Get Appointment, Delhi High Court Reiterates
The Delhi High Court has dismissed a Writ Petition which challenged a judgement of the Central Administrative Tribunal. The Petitioner had sought seniority from the year 2007 despite being appointed in the year 2009, contending that he was entitled for appointment in the year 2007 itself.The Division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that the petitioner...
Income Tax Refund Can't Be Denied To Taxpayer For Discrepancy In Form 26AS Filed: Delhi High Court
While observing that tax was duly deducted by the Land Acquisition Collector but was not disclosed for some reasons and hence the credit was not reflected in Form 26AS, the Delhi High Court held that the assessee/ petitioner cannot be penalized for the mere reason that the Form 26AS suffered from a discrepancy. Therefore, condoning the delay u/s 119 of the Income tax Act, the High...
Karnataka HC Orders Departmental Inquiry Against Policemen For Filing False Chargesheet Under NDPS Act Against Students, Affecting Their Careers
The Karnataka High Court has directed initiation of Disciplinary proceedings/departmental inquiry against three policemen for having filed a false charge sheet against two persons claiming they consumed Ganja, even when the FSL report clearly opined no presence of any form of contraband in their body.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Hanumantha...
Family Court Cannot Grant Divorce Based On Earlier Consent When It Is Later Withdrawn During Divorce Proceedings: Allahabad High Court
The Allahabad High Court has held that the Family Court cannot grant divorce based only on earlier consent given at the time of filing the divorce petition if the consent was withdrawn at a later stage in the divorce proceedings.Parties were married in 2006. After the appellant disserted her husband, he instituted the divorce proceedings on grounds of infertility attributable to...
Allahabad High Court Seeks UP Govt's Reply Over Demolition Of A House 'Without Following Procedure Of Law'
Last week, the Allahabad High Court sought the State Government's response over the demolition of a house in the State's Azamgarh district 'without following the procedure of law'. A bench of Justice Prakash Padia directed the standing counsel appearing to file an affidavit of 'some senior officer' of the Revenue Department explaining under what circumstances, without following...
Detention Under Customs Act – Authority Must Specify Nature Of Infraction/ Violation, For Tentative Denial Of Preferential Duty Treatment: Delhi HC
The Delhi High Court held that the Proper officer under Customs Act cannot detain the goods or stall the process of importation, without forming a requisite opinion regarding any forgery in import. The High Court clarified that the proper officer does not have any unfettered power to initiate a verification process, and it is incumbent upon him to form a requisite opinion in support...
Rampant Use Of 'Cool Lip' Tobacco Products By School Kids: Madras High Court Suo Motu Impleads Ministry Of Health And Family Welfare
The Madras High Court has impleaded the Ministry of Health and Family Welfare, the Secretary to Government, School Education Department and the Commissioner of Food Safety and Drug Administration in Tamil Nadu in a plea dealing with rampant use of cool lip tobacco products amongst school kids in the State. Justice Bharatha Chakravarthy was hearing a bail petition filed by a man who...
Rajasthan HC Consolidates 259 FIRs Against Sanjivani Group Chairman, Says Process Became Punishment Due To Violation Of Right To Speedy Trial
Rajasthan High Court invoked its inherent powers under Section 482, CrPC, to consolidate 259 FIRs filed against the chairperson of Sanjivani Credit Cooperative Society (“Petitioner”) into different bunches based on the geographical locations of these FIRs and observed that in light of these many cases, the Petitioner was being shunted from one place to another without having any...