All High Courts
Agreement To Withdraw Prosecution In Rape Case Is Opposed To Public Policy: Kerala High Court Declines To Quash Proceedings
The Kerala High Court held that an agreement entered between the complainant and accused to withdraw prosecution in an offence of rape is void in the light of Section 23 of the Indian Contract Act.As per Section 23 of the Contract, if the court regards that the object of an agreement is opposed to public policy, the agreement is void. Here the Court held that the agreement will stifle...
Fair Trial Includes Fair Opportunity For Both Sides: Gauhati HC Sets Aside Trial Court Order Closing Evidence Of Party For Not 'Taking Steps'
The Gauhati High Court recently set aside the orders passed by a Civil Court by which it had closed the evidence of the plaintiff's side for not taking any steps, on the ground that a fair trial includes affording a fair opportunity to both the parties to prove their respective cases.The single-judge bench of Justice Robin Phukan observed:“It is well settled that right to fair trial is a...
No IGST Is Payable On Ocean Freight Under Reverse Charge Mechanism; Madras High Court Directs Refund
The Madras High Court has directed the department to refund the GST paid by the assessee on the ocean freight under the reverse charge mechanism.The bench of Justice Mohammed Shaffiq has relied on the decision of the Supreme Court in the case of Mohit Minerals Private Limited, in which it was held that no IGST is payable on ocean freight under the reverse charge mechanism for cost, insurance,...
RG Kar Hospital Rape-Murder: Plea In Calcutta High Court Flags State Govt's SIT Probe Into Ex-Principal, Calls It An "Eyewash"
The Calcutta High Court on Wednesday took up a matter on the incident of rape and murder of a resident doctor at RG Kar medical hospital in Kolkata. The incident was followed by widespread vandalism of the hospital which occurred on a night of protest against the incident on 14th August.Earlier, the High Court had transferred the probe into the rape and murder to the CBI. Subsequently, the...
Commercial Tax Officer Not Obligated To Physically Verify E-Way Bills: Madras High Court
The Madras High Court has quashed the suspension order of a commercial tax officer who issued refunds to fake exporters without verification.The bench of Justice N. Anand Venkatesh has observed that, as a quasi-judicial authority, if the petitioner has fulfilled all the requirements that are provided under the relevant Act and the circular, that by itself is sufficient compliance before...
Merely Inserting Wakf Board's Name In Revenue Records Of Land Will Not Lead To Conclusion That It Is Wakf Property: Karnataka High Court
The Karnataka High Court has said that on the mere deletion of the name of a private owner in revenue records by the Tahsildar and inserting the name of the Wakf board, without carrying out an inquiry for determination of title, the property cannot be said to be a wakf property.A single judge bench of Justice Suraj Govindaraj held thus while allowing a petition filed by one Chennamma and...
Courts Cannot Be Silent Spectators Or Loudspeakers To Echo Whatever Is Written In Chargesheet: Delhi High Court
The Delhi High Court has recently observed that Courts cannot be silent spectators or loudspeakers to echo whatever has been presented before them in the chargesheet.Justice Neena Bansal Krishna made the observation while discharging two brothers for the offence of attempt to murder. One of the brothers was also discharged of the offence of Section 27 of the Arms Act. The incident happened...
Competition Commission Of India Must Honour Outcome Of Mediation, Settlements Between Parties: Delhi High Court
The Delhi High Court has recently observed that the Competition Commission of India (CCI) must honour the outcomes of mediation and respect the settlements reached between the parties. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said regulatory authorities such as the CCI are no exception to mediation process and settlements.“By doing so, they not only...
Kerala Govt Land Assignment Act | Assignee Bound By Restrictions & Limitations Prescribed In 'Patta' Or Other Assignment Documents: High Court
The Kerala High Court held that the assignee of Government land is bound by restrictions, limitations and conditions prescribed in the patta or other documents of assignment as per the provisions of the Land Assignment Act and rules made thereunder. The petitioner obtained land from the government under the Kerala Government Land Assignment Act, 1960. She is aggrieved by the order of...
MV Act | Light Motor Vehicles License Sufficient For Driving Transport Vehicles Below 7500 Kgs, No Separate License Needed: Rajasthan High Court
The Rajasthan High Court has affirmed that a transport vehicle weighing less than 7500 Kgs does not need a separate driving license other than the one issued under Section 10(2) of the Motor Vehicles Act, 1988 (“the Act”) for driving a Light Motor Vehicle (“LMV”).“That there is no requirement to obtain a separate endorsement to drive transport vehicle, and if a driver is holding...
Allahabad High Court Denies Bail To Man Accused Of Committing Unnatural Sex With Cows
The Allahabad High Court last week denied bail to a man accused of committing unnatural acts with cows. Accused-Harikishan was arrested in June 2023 after an FIR was lodged against him under Section 377 IPC, alleging that he had been seen committing unnatural acts with the cows. He moved the instant second bail plea before the High Court, wherein his counsel argued that...
Power Of Attorney Holder Who Is Also Manager Of A Trust Is Its Trustee, Can Lead Evidence On Its Behalf: Rajasthan High Court
The Rajasthan High Court has recently observed that a power of attorney holder of a trust who is also its manager holds the capacity of a trustee and so can depose as well as lead evidence on behalf of the trust.A single judge bench of Justice Rekha Borana made the observation while hearing a plea moved by the petitioner trust–Shri Ramniwas Dham Trust, through its Power of Attorney...