All High Courts
MP HC Bins Plea Challenging Probe Into Illegal Toll Tax Collection By Gram Panchayat, Flags Ambiguity Over Types Of Vehicles In Statute
The Madhya Pradesh High Court has dismissed a writ petition filed by the Gram Panchayat Hargarh, challenging the Sub Divisional Officer's directive to investigate illegal toll tax collection. The Panchayat had sought to quash the letters dated April 13 and 21, 2023, which prompted the enquiry into tolls imposed by the Panchayat on vehicles entering the area.Justice Vishal Dhagat examined Entry...
Tossing Award File From One Table To Other By State Not Enough To Condone Delay ; Himachal Pradesh High Court
The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that the explanation for the delay in filing objections under Section 34(1) of the Arbitration and Conciliation Act, 1996 is insufficient to justify condoning the delay if it appears that the file was merely tossed from one table to the other by the State. Brief Facts: The objectors/applicants, State...
Madras High Court Sets Aside Order Passed Against A Dead Person
The Madras High Court sets aside an order passed by the Deputy State Tax Officer against a dead person. The Bench of Justice Krishnan Ramasamy observed that “the impugned order was passed by the Deputy State Tax Officer/respondent against a dead person, who was passed away on 21.11.2019. In such case, the impugned order is liable to be set aside.” Facts of...
Past Tax Claims Against Corporate Debtor Stands Extinguished Consequent To Approval Of Resolution Plan Under IBC: Bombay HC
Since upon the completion of Corporate Insolvency Resolution Process (CIRP), the Assessee has changed hands and commenced under a new ownership and management, the Bombay High Court held that tax proceedings pertain to period prior to the CIRP, and consequent to the approval of the resolution plan, the tax proceedings stand extinguished. The Division Bench of Justice G. S....
Contempt Proceedings Inappropriate For Resolving Complex Disputed Factual Issues: Delhi High Court
The Delhi High Court bench of Justice Dharmesh Sharma has held that the contempt proceedings are not the appropriate forum to resolve disputed factual issues such as conducting a detailed accounting analysis to determine the fairness or justification of accounting practices. Brief Facts: The matter pertained to contempt petitions which were filed under Section 12 of the Contempt...
Bombay HC Quashes Rape Case Against Goa's Popular Musician, Says Victim Was 'Sufficiently Mature' To Understand Consequences Of Relationship
The Bombay High Court while quashing a First Information of Report (FIR) lodged against a popular musician at Goa for allegedly raping a woman on the false promise of marriage, observed that the woman was 'sufficiently mature' to understand the consequences of such a 'consensual' relationship.A division bench of Justices Makarand Karnik and Valmiki Menezes noted that the complainant in the...
Right To Personal Liberty Under Article 21 Can't Be Deprived By Long Incarceration Even If 'Twin Test' Under PMLA Not Satisfied: Delhi HC
While granting bail to Aam Aadmi Party (AAP) volunteer Chanpreet Singh Rayat in a money laundering case linked to the scrapped excise policy, the Delhi High Court said that even if Section 45 PMLA twin test is not met, bail jurisprudence states that a person cannot deprived of his right to personal liberty under Article 21 of the Constitution when there is prospect of long incarceration...
Malayalam Cine Actor Baburaj Approaches High Court Seeking Anticipatory Bail In Rape Case
Malayalam movie actor Baburaj has moved an anticipatory bail application before the Kerala High Court in connection with a rape and sexual harassment case lodged against him at the Adimali police station in Idukki.The matter came before Justice C. S. Dias and the Court has sought instructions from the Government. The complainant has come forward with the allegation after publication of...
Party Ignores Section 21 Notice; Should Seek Court Intervention, Arbitrator Can't Unilaterally Summon Parties: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that if a party seeking arbitration faces a situation where the opposing party does not respond to a Section 21 notice or refuses to agree to arbitration, the only recourse is to approach the Court under Section 11(5) or Section 11(6) of the Arbitration and Conciliation Act, 1996, depending on the...
Actor Jayasoorya Moves Kerala High Court For Anticipatory Bail Amid Sexual Harassment Allegations
Prominent Malayalam film actor Jayasroorya has approached the Kerala High Court seeking anticipatory bail in connection with sexual abuse allegations made against him after publication of the Justice Hema Committee Report.Jayasroorya apprehends arrest under Section 354 A (sexual harassment and punishment for sexual harassment) and Section 354 D (stalking) of IPC. Crime was registered against...
Loan Taken Voluntarily By Spouse After Separation To Bring Down Net Salary Cannot Be Considered While Calculating Quantum Of Maintenance: MP HC
The Madhya Pradesh High Court at its Indore bench held that loan deductions, voluntarily undertaken by the respondent after the couple's separation cannot be grounds for not enhancing the monthly payment of maintenance under Section 125 CrPC.Justice G. S. Ahluwalia, in a matter regarding increasing the maintenance under Section 125 of CrPC, stated that “So far as the loan is concerned, it...
Tourist Buses Not Allowed To Pick Up And Drop Off Passengers Like A Stage Carriage: Kerala High Court
The Kerala High Court held that tourist buses operating as contract carriages have a prior contract between the passenger or a group of passengers and the operator and they cannot pick up and drop off passengers enroute their journey when those passengers are not included in its prior contract.Contract carriage vehicles operate for a hired/fixed amount under an express or implied contract...