No Prosecution For Possessing Waqf Property Without Sanction From Waqf Board If Possession Was Before Insertion Of S.52A Waqf Act: Kerala HC

The Kerala High Court held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013. Section 52A of the Waqf Act provides rigorous imprisonment up to 2 years for alienation, purchasing or possession...

Arbitral Award Without Rationale For Damages Is Ex Facie Contrary To Settled Law, Can Be Set Aside: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has observed that any award of damages, on the touch stone of Section 73 of the Indian Contract Act, must be predicated on actual loss suffered. The court set aside the award for not disclosing the rationale for damages and, on this count, held that the award was ex facie contrary to settled law and in manifest disregard of...

Delhi High Court Orders Release Of Life Convict 26 Years After Incarceration, Calls For 'Deeper Consideration' In SRB Decisions

The Delhi High Court has ordered release of a murder convict serving life imprisonment 26 years after his incarceration by quashing the decision of Sentence Review Board (SRB) rejecting his plea for premature release by calling it arbitrary, irrational and illogical.Referring to various scholars, Justice Anish Dayal underscored that SRB procedures require “better compliance and...

'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Despite acquittal, the Screening Committee had cancelled the Petitioner's appointment to the Post of SI. The Bench held that the Screening Committee ought to...

Karnataka High Court Stays Criminal Proceedings Against Man Booked For Printing 'Vote For Narendra Modi' Message On His Wedding Invite

The Karnataka High Court on Monday (November 11) stayed all further criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'.A single judge bench of Justice M Nagaprasanna passed the interim order on a petition filed by one Shivaprasad. Issuing notice to...

Hotel Replacing Damaged Furniture, Carpets Is Current Expenditure Allowable U/S 37 Income Tax Act: Telangana HC

The Telangana High Court has held that the expenditure incurred by a hotel on replacement of damaged items is a current expenditure, allowable under Section 37 of the Income Tax Act, 1961. Section 37 of Income Tax Act states that any business expenditure, excluding capital expenditure and the individual's personal expenses, that is spent for the business's operations shall be...

[Tamil Nadu General Sales Tax] Assessee Liable For Tax On Proceeds From Sale Of Unredeemed Articles By Auctioneers: Madras High Court

The Madras High Court stated that assessee is liable to tax on consideration received from sale of unredeemed articles by auctioneers. The Division Bench of Justices Anita Sumanth and G. Arul Murugan observed that “the levy of penalty under Section 12(3)(a), in the case of non-filing of returns, is, automatic. Admittedly, the assessee has not filed the returns and hence, the basis...

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. A bench of Justice Salil Rai also opined that any decision by the employer denying appointment only because of such non-disclosure would also be contrary to the...

Amount Received In Advance For Services To Be Treated As Income Of Assessee, Chargeable Under Income Tax: Madras High Court

The Madras High Court ruled that any amount received in advance for services should be treated as the income of the assessee and is, therefore, subject to income tax. The Division Bench of Justices R. Suresh Kumar and C. Saravanan observed that “if “Accounting Standards” are properly applied by an assessee, the “accounting income” for the payment of income tax will...

Forfeiture Of Earnest Money Deposit Requires Proof Of Actual Loss: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has upheld the Arbitral Award wherein the Tribunal had ordered a refund of Earnest Money Deposit (EMD) as the petitioner had failed to prove any actual loss. The court, in light of Sections 73 and 74 of the Indian Contract Act, observed that forfeiture of the EMD requires proof of actual loss. Brief Facts: The dispute arose in...

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC

The Allahabad High Court recently observed that a review is permissible only when an error is apparent on the face of the record without requiring a long-drawn process of reasoning and reappraisal of the entire evidence to find the error, as doing so would amount to exercising appellate jurisdiction. Explaining the scope of Order 47 Rule 1 CPC, a bench of Justice Mahesh Chandra...

Calcutta High Court Declines To Hear Former RG Kar Principal Sandip Ghosh's Plea For Bail, Directs Him To Approach Trial Court

The Calcutta High Court has declined to hear a plea for bail moved by former principal of RG Kar Medical College and Hospital Sandip Ghosh, who has been arrested by the CBI in connection with alleged financial irregularities at the college, as well as the rape and murder of a trainee doctor on the college campus.A single bench of Justice Tirthankar Ghosh directed Ghosh to approach the trial...