All High Courts
Kerala High Court Temporarily Prohibits Elephant Transfers From Other States, Cites Large Number Of Deaths Due To Ill-Treatment In Captivity
The Kerala High Court has passed an interim order restraining the State Government and Chief Wildlife Warden from permitting the transfer of elephants from other states to Kerala.The Court passed the above order in a petition moved to restrain the transfer of elephants into the State under the Captive Elephant (Transfer & Transport) Rules, 2024. The Division Bench comprising...
“Assessee Entitled To Hearing If Pre-Deposit Is Made”: Gauhati High Court Grants Fresh Hearing
The Gauhati High Court while granting a fresh hearing to the assessee stated that the benefit of hearing has to be given to the assessee as the statutory deposit has already been made by the assessee. The Bench of Justice Arun Dev Choudhury observed that “This court though cannot find fault with the appellate authority in non-entertaining the appeal due to non-compliance of...
Garlic– Vegetable Or Spice In MP Krishi Upaj Mandi Law? High Court Upholds Order Reclassifying Garlic As Vegetable In Bye Laws
The Indore bench of the Madhya Pradesh High Court in a recent order discussed the classification of garlic–as a vegetable or as a spice–under the state's agricultural produce market law. The high court allowed a review plea filed by petitioner–Aaloo Pyaj Commission Agents which trades in garlic, and set aside an earlier order that curtailed the authority of the Managing Director of...
[False Promise To Marry] PIL In Kerala HC Says Section 69 BNS Regressive Towards Woman's Status, Discriminates Against LGBTQ Community
A lawyer has filed a Public Interest Litigation before the Kerala High Court challenging the constitutionality of Section 69 of Bhaaratiya Nyaya Sanhita (BNS), which criminalises sexual intercourse by employing deceitful means, like false promise to marry.The petitioner has challenged the provision on the grounds that it violates the right of equality, right to expression and right to...
Rising Occurrences Of Illegal Buildings Has Detrimental Impact On Public Infra, Safety: Bombay High Court
Observing that the 'rising occurrence' of illegally constructed buildings has a detrimental impact on public infrastructure, the Bombay High Court recently denied anticipatory bail to a developer booked for constructing an illegal building that collapsed in July this year, in Navi Mumbai, Single-judge Justice Rajesh Laddha noted that the applicant - Mahesh Kumbhar, has been facing allegations...
Suspicious Suppliers Being From Different States Is No Ground To Transfer Proceedings from State to Centre: Punjab & Haryana High Court
The Punjab and Haryana High Court stated that merely having information that suspicious suppliers are not located in the same state would not be ground to transfer proceedings from the state to the centre. The Bench consists of Justices Sanjeev Prakash Sharma and Sanjay Vashisth stated that “merely because the DGGI has information relating to similar fraudulent availment of ITC...
Only Police Can Do Preliminary Inquiry U/S 17A PC Act, Not Governor: State To Karnataka High Court In CM Siddaramaiah's Plea Against Sanction
While hearing Chief Minister Siddaramaiah's plea against the Governor's sanction to prosecute him, the state government on Monday (September 9) told the Karnataka High Court that the preliminary inquiry under Section 17A of Prevention of Corruption Act could have been conducted by the police only and not the Governor. A single judge bench of Justice M Nagaprasanna was hearing the CM's...
Date Of Complaint Relevant For Determining Limitation U/S 468 CrPC To Prosecute An Offence, Date Of Cognizance Immaterial: Karnataka HC
The Karnataka High Court has said that in a complaint where the offence is punishable with a maximum sentence of three years, the limitation for filing the complaint u/s 468 of the Criminal Procedure Code, is one year from the date of occurrence of the cause of action and any complaint filed beyond that period is not maintainable.A single judge bench of Justice M Nagaprasanna allowed the...
Mizoram Govt Not Taking Effective Steps To Improve Prison Conditions Despite Availability Of Funds: Gauhati High Court
The Gauhati High Court recently granted four weeks to the State of Mizoram to clarify its position regarding the scheduled start and completion of work for improving the conditions of prisons in the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed,“We expect that the State Government shall come with a concrete proposal...
Show Cause Notice Does Not Provide Any Clue Why Petitioner's GST Registration To Be Cancelled ; Delhi HC sets aside Show Cause Notice
The Delhi High Court held that the purpose of issuing a show cause notice is to enable a noticee to respond to the allegations based on which an adverse order is proposed. Hence, the High Court quashed the order as well as SCN observing that the SCN is not intelligible as it does not specify the reason for cancelling the petitioner's GST registration. The Division Bench of...
Gujarat High Court Weekly Round-Up: September 2 - September 8, 2024
Nominal Index [Citations: 2024 LiveLaw (Guj) 121-128]Dr.Rajeshkumar Somabhai Katara, Asst.Professor Microbiology Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 121Vishalkumar Kanubhai Patel Versus High Court Of Gujarat 2024 LiveLaw (Guj) 122Labhshankar Duryodhan Maheshwari Versus State Of Gujarat 2024 LiveLaw (Guj) 123Kalpesh Vaghabhai Chaudhary Versus State Of Gujarat & Anr....
Kerala High Court Declines To Quash Criminal Proceedings Against Man Booked For Uploading Allegedly Objectionable Video Against Nuns
The Kerala High Court declined to quash criminal proceedings initiated against a man booked for allegedly publishing a video stating that nuns are the concubines of priests and bishops on YouTube and Facebook.The prosecution alleged that the video was published on June 01, 2020, with the intent to hurt and insult the religious feelings of nuns. It is alleged that the petitioner...