All High Courts
Live Wire Accident: Jharkhand High Court Refuses To Enhance Compensation Based On Subsequent Govt Circulars/ Notifications
The Jharkhand High Court has refused to grant additional compensation to a man claiming that he lost 60% eyesight due to an accident from fall of a live wire in April 2018. It ruled that the accident had occurred before the Gazette notification issued by the Jharkhand State Electricity Regulatory Commission (JSERC) on December 21, 2018, rendering the claim for extra compensation...
[S.13B HMA] Inconvenience Of Parties To Appear Before Court Not Ground To Waive Off Cooling Period For Mutual Divorce: MP High Court
The Madhya Pradesh High Court has held that inconvenience of parties to appear before the Court cannot be a ground to waive off the six-month statutory cooling-off period prescribed under Section 13-B(2) of the Hindu Marriage Act, 1955 (HMA), before grant of divorce by mutual consent.The petitioner sought dissolution of his marriage through mutual consent and submitted that since both the...
Church Feud: Kerala High Court Directs Ernakulam And Palakkad District Collectors To Take Over Possession Of 6 Churches
The Kerala High Court has directed the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud. Justice V. G. Arun asked the Collectors to take possession as the police was unable to follow its earlier order to provide adequate protection so that the vicars and parishioners of the Orthodox faction can...
Detention Before Or During Trial Doesn't Violate Human Rights, Acquitted Person Not Entitled To Compensation: Jharkhand High Court
The Jharkhand High Court has dismissed a petition filed by an individual seeking compensation after being acquitted in a criminal case. The court held that an acquitted accused cannot claim compensation as a human rights remedy, as detention before or during a trial does not constitute a violation of human rights.Justice Sanjay Kumar Dwivedi observed,“The major human rights treaties do...
Madras High Court Orders CBCID Inquiry Into Allegations Of Harassment, Use Of Convicted Prisoners In Residence Of Jail Authorities
The Madras High Court has directed the Superintendent of Police, CBCID to register criminal cases against prison officials who have been accused of using convicted prisoners to do their household work and have been accused of harassing the prisoners inside the jail. The bench of Justice SM Subramaniam and Justice V Sivagnanam directed an investigation after going through a report of...
Gujarat High Court 'Postpones Proceedings' Against TOI, Indian Express After Supreme Court Stays HC Order Rejecting Public Apology
The Gujarat High Court on Thursday “postponed the proceedings” in respect of two newspapers–Indian Express and Times of India, concerning the issuance of a “public apology” by them for wrongly reporting court proceedings in an ongoing hearing of a batch of pleas moved by various linguistic and religious minority schools challenging amendments to the Gujarat Secondary and...
Ordinary Leave For Prisoners: Courts Shouldn't Entertain Premature Pleas, Must Allow Competent Authority To Exercise Power: Madras High Court
The Madras High Court has remarked against High Courts entertaining premature petitions for ordinary leave of prisoners. The court noted that the competent authorities must be allowed to take a decision by following due procedure as per the statutory time limit provided under the Act. “The practice of filing premature writ petitions need not be entertained by the High Court unless...
Forex Fluctuation Loss Directly Resulting From Trading Items Can't Be Considered As Non-Operating Loss: Delhi High Court
Finding that Assessee/ Petitioner had raised invoices on its AE (Ameriprise USA) based on cost-plus pricing methodology for the specified products & services provided by the Assessee, the Delhi High Court held that foreign exchange loss directly resulting from trading items could not be considered as a non-operating loss. The Division Bench comprising Justice Yashwant Varma...
Allahabad HC Orders FIR Against Man Accused Of Marrying 12 Y/O Girl, Hands Him Over To Police From Court Premises
In a significant order, the Allahabad High Court on Tuesday detained a man and handed over his custody to the police (directly from the court premises) after it was discovered that he had married a 12-year-old girl. Filing a protection plea, the man (accused-husband) had approached the court with the girl, falsely claiming she was 21 years old while seeking a directive...
Indian-Subsidiary Which Is Compensated At Arm's Length Can't Be Construed As Dependent Agent PE: Delhi High Court
Finding that subsidiary company (KIPL) is only undertaking marketing enterprise, whereas contracts are finalized and signed by the assessee (Principal company) outside India, the Delhi High Court held that KIPL cannot be said to be habitually securing and concluding order on behalf of assessee, and hence it is not Dependent Agent PE (DAPE) of Assessee. The Division Bench...
'Hurts Religious Sentiment': 'Metro Man' E Sreedharan Moves Kerala HC Against Proposed Alignment Of Thiruvanaya-Thavanur Bridge Across Bharathapuzha River
E Sreedharan, an Engineer, renownedly known as Metro Man has moved a public interest litigation at the Kerala High Court. He is challenging the failure of the state government and authorities to consider alternative and feasible options for realigning the Thiruvanaya-Thavanur Bridge across the Bharathapuzha River without affecting the Holy Trinity Temples to preserve religious...
No Notional Interest Can Be Levied On Delayed Receivables From AEs/ Non-AEs If Taxpayer Is Debt Free Company, Reiterates Delhi H[gh Court
Since the TPO has failed to answer the issue of international transactions bearing in mind Explanation (i)(c) of Section 92B, the Delhi High Court reiterated that no transfer pricing addition of arms' length interest is warranted on account of delayed receivables. Section 92B of the Income Tax Act lays down the method for computing the income arising from international transactions...