Karnataka High Court Weekly Round-Up: November 4 To November 10, 2024

Citations: 2024 LiveLaw (Kar) 455 To 2024 LiveLaw (Kar) 463Nominal Index:Siji Malayil & ANR And Union of India & ANR. 2024 LiveLaw (Kar) 455B. SATHYANARAYANACHAR AND State of Karnataka & Others. 2024 LiveLaw (Kar) 456Raja Yogi Nirmalnathji Maharaj AND KADRI JOGI (YOGISHWAR) MUTT & Others. 2024 LiveLaw (Kar) 457XXX AND STATE BY WOMEN POLICE STATION & ANR. 2024 LiveLaw...

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal

The Indore bench of the Madhya Pradesh High Court denied adding certain persons as a necessary parties to a suit pertaining to a property dispute, observing that despite having full knowledge of the execution of the sale deed during the trial before the lower court the petitioners-original plaintiffs, did not file the application for adding proposed transferees at that juncture.In doing so...

Karnataka HC Orders Formation Of Three-Member Committee To Inspect Allama Prabhu Swamy Temple In Plea To Declare It As Ancient Monument

The Karnataka High Court on Monday directed the State Chief Secretary to constitute a three member committee to inspect the site of Allama Prabhu Swamy Temple situated at Hidkal dam backwaters in Belagavi district and submit a report in respect of the temple and its structures be treated as Ancient monument to ensure its preservation.A division bench of Chief Justice N V Anjaria and Justice K...

Adult Sexual Predators Ought Not To Be Afforded Leeway By Micro Analysis Of Child Victim's Testimony: Sikkim High Court

The Sikkim High Court recently set aside the judgment of a Trial Court by which it acquitted a person charged with Sections 9(m) and 9(n) of POCSO Act and Section 354 of IPC on the ground that Trial Court was in error in acquitting the accused despite the unwavering evidence of the child victim on record and her evidence being wholly trustworthy.The single judge bench of Justice Meenakshi...

Need To Invoke Kerala Anti-Social Activities Act Must Be Assessed If Proceedings For Peace Keeping U/S 107 CrPC Already Initiated: High Court

The Kerala High Court has held that when proceedings under Section 107 of the CrPC have already been initiated against an individual, the competent authority must assess whether it was necessary to initiate proceedings under the Kerala Anti-Social Activities (Prevention) Act, 2007 as well to preventively detain or extern the individual.Section 107 of CrPC is initiated for taking security...

Bombay High Court Weekly Round-Up: November 04 - November 10, 2024

Citations 2024 LiveLaw (Bom) 573 to 2024 LiveLaw (Bom) 579Nominal Index:Ashwinkumar Sanap vs State of Maharashtra, 2024 LiveLaw (Bom) 573Puranlal Dhurve vs State of Maharashtra, 2024 LiveLaw (Bom) 574Mayur Ravindra Bhagat vs State of Maharashtra, 2024 LiveLaw (Bom) 575Maharashtra Rajya Bandhkam Kamgar Sanyukt Kriti Samiti vs State of Maharashtra, 2024 LiveLaw (Bom) 576Rakesh Lal Meena and...

"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. In doing so the court underscored that adjournments should not be granted just for the sake of adjournment...

Calcutta High Court Judges Committee Mulls Reducing Puja Vacation By One Week In 2025

A four-member committee of judges at the Calcutta High Court has proposed to reduce the court's puja vacations in 2025, by seven days, in order to address the huge backlog of cases existing at the High Court.According to reports, the committee comprising of Justices Harish Tandon, Soumen Sen, Joymalya Bagchi and Tapabrata Chakraborty, after meeting with the various lawyers' bodies, proposed...

[Income Tax] Assessing Authority Can't Reassess Prior Years Without Inquiry While Determining Relevant Year's Assessment: Kerala High Court

The Kerala High Court stated that while determining the assessment of relevant years assessing authority cannot determine the assessment for earlier years without enquiry. The Division Bench of Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “…….we fail to understand how the assessing authority, as well as the First Appellate Authority, while...

Condition Of Pre-Deposit U/S 148 Negotiable Instruments Act Can't Be Used To Jeopardise Convict's Right To Appeal: Rajasthan High Court

Rajasthan High Court has reiterated that Section 148 of the Negotiable Instruments Act should not be imposed in a situation where the condition of depositing 20% of the fine would amount to deprivation of the right of appeal of a person convicted under Section 138.Section 148, NI Act, provides that in an appeal by a convict of cheque dishonour, the Appellate court may order the appellant...

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court

The Division Bench of Kerala High Court comprising Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “the concern of the Assessing Authority, while passing a consequential order, has to be limited to those specific issues that have been remanded to it for consideration by the Commissioner………..” Section 263 of the Income Tax Act, 1961 empowers the...

Himachal Pradesh HC Upholds Levy Of GST On Mining Royalty Payable Under Mining Concession Granted By State

The Himachal Pradesh High Court has dismissed a writ petition challenging notifications issued by the Central government for levy of GST on Royalty paid by a Mineral Concession Holder for mining concession granted by the State. The Petitioner, a firm engaged in stone crushing, was issued notices and summons under Section 70 of Central Goods and Services Tax Act, demanding GST...