News Updates
ITAT Allows Section 54F Deduction Though Capital Gain Scheme Account Was Not Opened
The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the deduction under section 54F though the capital gain scheme account was not opened.The two-member bench of V. Durga Rao (Judicial Member) and G. Manjunatha (Accountant Member) has observed that even though the assessee has not invested the sale proceeds in Capital Gain Account Scheme, but complied with the...
Witchcraft Double Murder: Orissa High Court Issues Notice To Life Convicts Proposing To Impose Higher Punishment
While upholding conviction of three persons for double murder on suspicion of witchcraft, the Orissa High Court has issued notice to them proposing to impose higher sentence than life imprisonment which was imposed by the Trial Court.Expressing doubt over adequacy of the sentence for such ghastly crime by means of beheading, the Division Bench of Justice Debabrata Dash and Justice...
Delhi High Court Asks Vivo To Pursue Remedies Before PMLA Appellate Tribunal In Plea Against Freezing Of Debt Accounts By ED
Hearing the plea moved by Vivo India against the order of Enforcement Directorate to debit freeze its bank accounts, the Delhi High Court has directed Chinese smartphone manufacturer to pursue its appellate remedies before the Appellate Authority under Prevention of Money Laundering Act, 2002. Justice Prathiba M Singh noted that Vivo India has preferred an appeal before the Appellate...
Mumbai Metro: Bombay High Court Dismisses Plea Against Line 4; Says No Legal Error In Alignment, Acquisition Proceedings
The Bombay High Court on Thursday rejected a challenge to alignment of Mumbai's Metro Line 4 observing that the petitioners attempted to stall and delay the project of public importance under the garb of enforcing their private rights.A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne stated that the petitioners raised baseless arguments and made MMRDA...
Standard Essential Patent Owners Can Pray For Interim And Final Injunctive Relief If Infringer Deemed To Be An ‘Unwilling Licensee’: Delhi High Court
Foreign Jurisprudence On ‘Standard Essential Patent’ Has To Be Adapted In Indian Realities As India’s Judge Population Ratio Extremely Poor And Expeditious Disposal Of Patent Suits Not Expected: Delhi HC
Registration Of Other Cases Can't Be Sole Ground To Refuse Bail: Punjab & Haryana High Court Grants Relief To Retd Army Personnel In Fraud Case
The Punjab and Haryana High Court recently granted bail to a retired army personnel, who had been imprisoned for nearly a year, holding that mere registration of other cases against the petitioner could not be taken as the sole material consideration for denying him bail.The court passed the above order in a petition filed under Section 439 of the CrPC, seeking grant of regular bail in an...
Well Owners Selling Water Through Tankers Must Obtain Licenses And Conform To Food Safety Act: Kerala High Court
The Kerala High Court recently issued general directions to the State to bring water drawn from wells that is being sold to the public as drinking water, under the purview of the Food Safety and Standards Act, 2006 and the Food Safety and Standards (Food Products Standards & Food Additives) Regulation 2011.A single bench of Justice Amit Rawal observed: “In order to prevent further...
Gujarat High Court Grants Bail To Alleged Ganja Cultivator Citing 'Intermediary Quantity' Contraband
The Gujarat High Court while allowing a criminal miscellaneous application, granted bail to an accused in a Ganja cultivation case, citing intermediary quantity and lack of criminal antecedents.The court passed the above order in an application seeking grant of regular bail after the charge-sheet was filed in connection with an offence registered under Sections 8(b), 8(c), 20(b), 20(a)(i)...
Investigation Into Non-Cognizable Offences Without Magistrate's Permission Can't Be Regularised By Subsequently Adding Cognizable Offences: J&K High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that once an FIR is registered for non-cognizable offences, the inclusion of a cognizable offence at a later stage of the investigation could not be used to circumvent the law.The observations were made by a bench of Justice Sanjay Dhar while hearing a plea in terms of which the petitioner had called into question an FIR ...
Order 23 CPC | Defendant Can Be Made Plaintiff Upon Partial Withdrawal Of Suit If No Conflict Of Interest With Original Plaintiff: Bombay High Court
The Bombay High Court recently held that when a plaintiff withdraws a suit partially, conversion of a defendant to a plaintiff is allowed, provided the defendant's interest against other defendants regarding the subject matter property is identical with the plaintiff's.Justice MM Sathaye set aside a Civil Court order allowing a defendant to be transposed as a plaintiff in a partition suit...
“Degree In Medicine” Should Be Understood Expansively: Madras High Court Permits Siddha And BDS Graduates To Apply For Food Safety Officer
The Madras High Court has recently held that a “Degree In Medicine” which has been specified as a qualification for appointment to the post of Food Safety Officer should be understood expansively. The court thus noted that the term “medicine” would include Siddha and BDS system of medicine also. Emphasizing the importance of the Siddha system of medicine, Justice GR Swaminathan...
Can Religious Education Be Imparted In Govt-Funded Madrasas, Does It Violate Articles 14, 25, 26, 29 & 30?: Allahabad HC Asks Centre, State Govt
The Allahabad High Court recently sought a response from the Central and State Governments as to whether religious education can be imparted in Government funded Madrasas and whether this could be in violation of Articles 14, 25, 26, 29, and 30 of the Constitution of India."The affidavits of the Central Government from the Secretary, Ministry of Minority Affairs, Government of India and...