Public Prosecutor Cannot Just Act As Per Instructions Of Govt, Must Apply Mind Before Withdrawing Case: Kerala High Court

The Kerala High Court held that the Public Prosecutor has to apply his mind independently on the material before him and decide whether to withdraw a case even if the Government has ordered for withdrawal. The Single Bench of Justice K. Babu observed that the Public Prosecutor should independently decide that such a case is fit for withdrawal even if there is a direction from the...

Rajasthan High Court Drops Grievous Hurt Charge In FIR Against Temple Security Guards After Complaint By Judicial Officer's Wife

While hearing a plea for quashing an FIR against two security personnel manning the 1300-year-old Eklingji temple, booked for alleged assault in a complaint filed by the wife of a judicial officer, the Jodhpur bench of the Rajasthan High Court went on to drop the offence of grievous hurt alleged against the two men from the FIR. In doing so, the court observed that the FIR was bereft of...

In Absence Of Prayer Can't Grant Relief For Classification, When Claim Is For Regularization: MP High Court In Industrial Dispute Case

While setting aside an industrial court's order, the Jabalpur bench of the Madhya High Court observed that in a claim for regularization, the Industrial Court should not have granted the relief for classification which had not been prayed for by the workman. In doing so the court, reiterated the "basic difference" between regularization and classification, referring to the Supreme...

Gujarat High Court Grants Bail To Alleged Nepali Citizen Booked For Forging Indian Passport By Using ID Of Another

The Gujarat High Court last week granted regular bail to a man–allegedly a Nepali citizen, who was booked for forging an Indian passport by using "forged ID proof and other documents" in the name of another individual. In doing so the high court reiterated the “bail is rule and jail is exception” principle and that prolonged pre-trial detention could equate to “pre-trial...

Plea In Kerala High Court Seeks Restrictions On Entry Of Non-Hindus To Temples Under Cochin Devaswom Board

A plea has been moved before the Kerala High Court seeking the Court to declare that persons belonging to other religious faiths are not allowed to enter the Temples or Temple compounds under the Cochin Devaswom Board.The Division Bench of Justice Anil K Narendran and Justice P G Ajithkumar has given time to the Cochin Devaswom Board to file their counter affidavit. The petition has been...

Kerala Advocate General Points To Executive Delay In Clearing Appointment Of Additional Judge To High Court

During the swearing in ceremony of five additional judges to the Kerala High Court on Wednesday (October 30), Advocate General K Gopala Krishna Kurup pointed out the executive delay in making the appointment of Justice Paramesara Panicker Krishna Kumar. Justice PP Krishna Kumar was among the five names sworn in as additional judges of the Kerala High Court on Wednesday, taking the strength of...

Teachers Of Private Engineering College Move Bombay High Court Against Poll Duties

Around 90 teachers of a city-based private engineering college have moved the Bombay High Court against their requisition by the Election Commission of India (ECI) for performing poll duties during and before the upcoming Maharashtra Legislative Assembly Elections.The petitioner teachers, have taken exception to various communications pertinently the one issued by the ECI on October 16,...

Renukaswamy Murder Case | Karnataka High Court Grants Interim Bail To Actor Darshan On Medical Grounds

The Karnataka High Court has granted interim bail to Kannada Actor Darshan Thoogudeep Srinivas, on medical grounds to undergo spine surgery. Darshan has been held in custody as an accused in the Renukaswamy murder case.A single judge bench of Justice S Vishwajith Shetty had reserved the order after hearing the parties. During the hearing, the court had suggested to the petitioner that a...

Tax Planning Is Permissible But Evasion Is Impermissible: Kerala HC On Husband Transferring Portion Of Residential Building To Wife To Evade Luxury Tax

The Kerala High Court has dismissed the petition moved by a husband who transferred a portion of his residential building to his wife's name to secure an exemption from payment of luxury tax under Section 5A of the Kerala Building Tax Act, 1975It is to be noted that as per Section 5A of the Kerala Building Tax Act, 1975, a luxury tax is charged on a residential building if its plinth...

Five New Additional Judges Sworn In, Kerala High Court To Function With 45 Judges For The First Time

Five new additional judges were sworn in at the Kerala High Court today.1. Shri Paramesara Panicker Krishna Kumar2. Shri Kodassery Veliyath Madom Jayakumar3. Shri Muralee Krishna Shankaramoole4. Shri Jobin Sebastian5. Shri Pandikkaran Varadaraja Iyer BalakrishnanYesterday, the notification was issued by the Central Government appointing them as Additional Judges. The oath was administered by...

HC Allows Formation Of Committee To Redress Grievances Of Protesting Doctors In Jaipur, Says Professionals Like Doctors & Lawyers Cannot Go On Strike

Rajasthan High Court has affirmed the suggestion given by the Secretary, Medical Education, on behalf of the State of Rajasthan to formulate an internal committee to address the grievances of around 7000 resident doctors (Jaipur Association of Resident Doctors- JARD) being on strike since October 19, 2024, impacting the medical services in the state.The bench of Justice Sameer Jain was hearing...

Kerala High Court Strikes Down Rule 96(10) of CGST Rules Retrospectively, Finds Them Ultra Vires To CGST Act

The Kerala High Court struck down Rule 96(10) of the Central Goods and Service Tax Rules holding that it was ultra vires to the Section 16 of the Integrated Goods and Service Tax Act and was manifestly arbitrary.Justice P. Gopinath noted that Section 16 has not imposed any restriction in availing refund of taxes paid on input goods and input services or claiming refund of IGST after payment...