All High Courts
Failure To Comply Provision Of Sec 75(4) Of CGST Act 2017 Vitiates Entire Order: Calcutta High Court
The Calcutta High Court held that failure to comply with statutory provision which mandates consideration of explanation on the part of assessee before passing adverse order, vitiates such order. The High Court held so while considering that the petitioner was prevented from filing his response to the show cause notice, due to a reasonable cause. Referring to Section 75(4) of...
Kerala HC Calls For Forest Officials' Report On Measures To Ensure National Parks, Wildlife Sanctuaries And Tiger Reserves Are Plastic-Free
The Kerala High Court has sought a detailed report from the forest officials regarding the requirement to ban the use of plastic in forests, national parks, wildlife sanctuaries and tiger reserves in the State. The report should also contain measures which can be taken to ensure that these areas remain non-plastic zones to protect the flora and fauna.A Division Bench of Justice A....
Court Has Power To Grant Anti-Enforcement Injunction Against Proceedings In Foreign Court Which Threaten Arbitral Process Initiated In India: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held that when proceedings in a foreign court, or a decree issued by a foreign court, threaten the arbitral process that may be initiated in India, the court has the authority under Section 9 of the Arbitration Act to restrain the party from continuing with the foreign proceedings or enforcing the...
"Act-Only Insurance" Of Private Vehicle Only Covers Third-Party, Not Occupants: Rajasthan HC Sets Aside 'Recover & Pay' Order Against HDFC Ergo
Rajasthan High Court has affirmed that in the case of a private vehicle insured against the “Act only Policy”, the insurance company is not liable to compensate the occupants of the vehicle since they are not considered to be the “third parties” as required under the Motor Vehicles Act, 1988 (“Act”). The Court said:“The position of law as it stands at present is that in case of...
"Unscrupulous Litigant": Gujarat High Court Dismisses PIL Kept Pending Without Removing Defects For 4 Yrs, Imposes 50K Cost
While dismissing a public interest litigation petition (PIL) pertaining to “illegal mining”, the Gujarat High Court on Wednesday imposed a cost of Rs 50,000 on the petitioner for failing to pursue the matter seriously, after noting that the petition was kept pending in the court's registry without removal of defects for nearly four years. A division bench of Chief Justice Sunita Agarwal...
"No Direct Allegations Of Stone Pelting, Breaking Barricades": Jharkhand HC Quashes Proceedings Against BJP Leaders For 2023 Protests Against State Govt
The Jharkhand High Court has recently issued a ruling that quashes the criminal cases filed against 28 BJP leaders, including MP Nishikant Dubey, in connection with a protest organized against the Jharkhand government in April 2023. Justice Sanjay Kumar Dwidevi, who presided over the case, observed, “When there is a protest against police action or inaction, the possibility of violation...
Consumer Protection Regulations Must Be Interpreted To Align With Overarching Goal Of RTI Act: Delhi High Court
The Delhi High Court observed that the absence of explicit prohibition on third parties from accessing information related to proceedings under the Consumer Protection Regulations, 2005 as a gap in the regulatory framework and this the Regulations should be interpreted in line with the RTI Act's goal of enhancing transparency.It further observed that third parties must provide detailed...
Jharkhand High Court Quashes MP Nishikant Dubey's FIR Accusing Former Deoghar Deputy Commissioner Of "Sedition", Violating Offical Secrets Act
The Jharkhand High Court last week quashed an FIR against Manjunath Bhajantri, the former Deoghar deputy commissioner, which was filed by Godda MP Nishikant Dubey. The FIR, originally registered as a zero FIR in Delhi on August 31, 2022, accused Bhajantri of sedition and breaches of the Official Secrets Act, and was later transferred to the Kunda police station in Deoghar. The charges...
PIL In Kerala HC Seeks Criminal Proceedings Against Those Accused Of Sexual Offences Against Actresses Based On Justice Hema Committee Report
A public interest litigation has been filed before the Kerala High Court seeking a direction to the Director General of Police to initiate criminal proceedings against the offenders who committed sexual offences against women in the film industry based on the Justice Hema Committee Report.The Justice Hema Committee was constituted by the Government in 2017 and was tasked to study issues faced...
Madras High Court Permits Hindu Munnani To Hold Peaceful Demonstrations In Solidarity With Hindus In Bangladesh
The Madras High Court has allowed Hindu Munnani to conduct demonstrations in the state demanding the Central Government to take action against the genocide of Hindus in Bangladesh. Allowing a petition filed by the organization, Justice G Jayachandran said that when demonstrations could be held in the state to show solidarity with the Tamils in Sri Lanka, the same could be done for...
Courts May Not Look At Pay Package Of Parties Alone For Determining Alimony: Allahabad High Court
Recently, the Allahabad High Court has held that pay package alone must not be considered for determining the alimony to be awarded. Other circumstances like the duration of marriage, period of separation, remarriage of parties and further financial responsibilities must also be considered while determining the alimony amount.The bench comprising Justice Saumitra Dayal Singh and Justice...
Chhattisgarh HC Initiates Suo Moto PIL Over Non-Functioning Of Automated Vehicle Fitness Testing Centre At Bilaspur
The Chhattisgarh High Court has initiated a suo moto PIL concerning the malfunctioning of an Automated Vehicle Fitness Testing Centre in Bilaspur. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru took note of the news reports which stated that the facility had been non-operational for over a week due to a technical fault in a machine, severely disrupting the...