All High Courts
Allahabad High Court Imposes Rs. 2 Lakh Cost Each On Three For Making Incorrect Statements On Oath About "Very Senior Advocate"
The Allahabad High Court has imposed a cost of Rs. 2 lakh each on three petitioners who falsely stated on affidavit that their previous counsel refused to give a no objection certificate for engaging another counsel.The petitioners field an affidavit in Court stating that they are not satisfied with the work of their earlier counsel and they had approached him to obtain No Objection, but...
Gauhati High Court Tells Mizoram Govt To Set Up State Human Rights Commission In Two Months Or Face Contempt
The Gauhati High Court recently provided last opportunity of two months to the State of Mizoram to establish State Human Rights Commission.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed:“It is to be noticed that the sanction of posts is only on paper and till date, the State Human Rights Commission has not been constituted....
KYC Not Done By Purchasing Party Is Not A New Fact To Reopen Proceedings: Bombay High Court Declines Reassessment
The Bombay High Court quashes reopening notice issued under Section 148 of the Income Tax Act, 1961 while emphasizing that unauthorized transactions are made without requisite KYC of the purchasing party cannot be said to be a fresh fact which has come to light which was not previously disclosed which tends to expose the untruthfulness of the fact. The Division Bench of Justices...
High Court Appoints Advocate Commissioner To Inspect "Artificial Floods" In Assam District Due To Illegal Constructions Blocking Drains
The Gauhati High Court on Friday appointed Advocate Anjan Kalita as Commissioner for a fact finding enquiry into the allegation of creation of artificial floods in the Southern Kamrup district of Assam. The division bench of Justice Suman Shyam and Justice Mridul Kumar Kalita was hearing a PIL which alleges that a few industrialists and real estate dealers acting in collusion and with the...
Public Employment Attained By Submitting Forged Educational Certificate Is "Void Ab Initio": Allahabad High Court
The Allahabad High Court, while entertaining the writ petition of a retired teacher, has held that public employment secured by providing a forged educational certificate would be null and void to begin with, disentitling such an employee from post-retiral benefits.Justice Subhash Vidyarthi held,“….a person who secures an appointment by submitting a forged educational certificate, is...
Offence Of Cheating & Criminal Breach Of Trust Can't Stand Together: High Court Laments "Routine" FIRs By Rajasthan Police In Commercial Matters
The Rajasthan High Court has reiterated that Section 420 (cheating) and 405 (criminal breach of trust) of IPC (corresponding to Section 318 and 316 of Bharitya Nyaya Sanhita, 2023, respectively) are antithetical to each other and cannot not be invoked together against an accused person.The bench of Justice Arun Monga observed that under Section 405, the main element is entrustment of property...
Calcutta High Court Monthly Digest: August 2024
NOMINAL INDEXM/s Hooghly Building & Investment Co Ltd & anr v State Of WB & ors. Citation: 2024 LiveLaw (Cal) 180Nandalal Verma Vs. The State of West Bengal & Ors. Citation: 2024 LiveLaw (Cal) 181Visa International Ltd. v Visa International Service Association & Anr. Citation: 2024 LiveLaw (Cal) 182 Joyeeta Saha & Anr. -Vs- The State of West Bengal Citation: 2024...
Delhi High Court Orders BSES To Pay ₹10 Lakh Compensation To Wife Of Man Who Died Due To Electrocution In 2017
The Delhi High Court has ordered BSES Yamuna Private Limited to pay ex-gratia lump sum compensation of Rs. 10 lakh to wife of a man who died due to electrocution in 2017.Justice Purushaindra Kumar Kaurav was dealing with the woman's plea seeking compensation of Rs. 50 lakhs. Her husband was working as a Sub-Inspector since 1990 in Delhi Police (Traffic). In May 2017, he ran to find a shelter...
Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court
In a significant ruling, the Bombay High Court recently held that even the proceedings in an appeal seeking to register a First Information Report (FIR) under the stringent Scheduled Caste Scheduled Tribe (Prevention of Atrocities) Act (SC ST), will be needed to be "video-recorded."Single-judge Justice Sandeep Marne while hearing a plea filed by one Vijay Sapkale, who sought to register an...
236 Applications For Senior Designation Pending: Allahabad HC Observes While Dismissing Challenge To 2019 Senior Designations
While dismissing challenge to 2019 Senior Designations conferred by the Allahabad High Court on various advocates, the bench comprising of Justice Saumitra Dayal Singh and Justice Donadi Ramesh observed that 236 applications for senior designation are pending before the High Court which are to be processed.Observing that even though Supreme Court has held that Senior Designations should...
Presumption Of Undervaluation Can't Be Drawn Just Because Of Higher MRP Rate On Product: Punjab & Haryana HC
The Punjab and Hayana High Court stated that the presumption cannot be drawn that invoices are undervalued merely because MRP Rate mentioned on the product is higher. The Bench consists of Justices Sanjeev Prakash Sharma and Sanjay Vashisth observed that “it is also not a case of the State authorities that the invoices were different for the assessee in comparison to...
High Court Rules In Favour Of Delhi University Over Seat Matrix Dispute With St. Stephen's, Calls For 'Time Bound Solutions'
While deciding in favour of the Delhi University over the issue of seat matrix and allocation with St. Stephen's college, the Delhi High Court has called for “time bound solutions” to resolve such disputes in future. Justice Swarana Kanta Sharma directed that in future, the colleges who have any grievances regarding seat matrix to send their grievances to the concerned authorities of...