News Updates
S.167(5) CrPC | Magistrate Can't Issue Automatic Order Without Anything Else To Stop Investigation Upon Expiry Of Six Months: Calcutta High Court
The Calcutta High Court on Thursday held that under Section 167(5) of CrPC, there cannot be an automatic order issued by a magistrate, without anything else, to stop further investigation on expiry of six months from the date of arrest.The single judge bench of Sugato Majumdar observed:“Section 167 (5) of CrPC unequivocally states that the Magistrate can stop investigation on contingency...
Bombay High Court Grants License To 83-Yr-Old Lawyer To Translate Mahatma Gandhi’s Devout Disciple Mira Ben’s Autobiography In Marathi
The Bombay High Court has granted an 83-year-old lawyer the license to translate and publish the autobiography of devout Gandhian - Madeleine Slade also known as Mira Behn in Marathi.Lawyer Anilkumar Karkhanis said he intended to publish the book titled "The Spirit's Pilgrimage" in Marathi, not for any commercial gain but in public interest. He has approached the court under section 32 of...
Delhi Court Asks Police To Probe If Rajasthan CM Ashok Gehlot Addressed Union Minister Gajendra Shekhawat As ‘Accused’ In Sanjeevani Scam
A Delhi Court on Friday directed the Delhi police to investigate if Union Minister Gajendra Singh Shekhawat was addressed as “an accused” in alleged Sanjeevani Scam by Rajasthan Chief Minister Ashok Gehlot.ACMM Harjeet Singh Jaspal of Rouse Avenue Courts directed that the Joint Commissioner of Delhi Police concerned shall investigate the matter either himself or through an officer not...
“Under Hindu Law Marriage Is Sanskar, Not Contract”, Pre-Condition For Marriage To Deprive Wife From Motherhood Can’t Be Effected: Chhattisgarh HC
The Chhattisgarh High Court has recently ruled that setting a pre-condition for marriage to deprive the wife from begetting child of her own cannot be enforced in law. The Division Bench of Justice Goutam Bhaduri and Justice N.K. Chandravanshi said,“To deprive a woman from motherhood as a pre-condition for marriage cannot be given a priority. The type of condition set forth by husband only...
'Is Bar Council Going On A Witch Hunt Against Its Advocates?': Bombay High Court Stays Proceedings Against Lawyer Geeta Shastri
The Bombay High Court on Monday was irked by the type of complaints being entertained by the Bar Council of Maharashtra and Goa lately and temporarily stayed one such complaint against former Additional Government Pleader Geeta Shastri. “Is the Bar Council on a witch hunt against its advocates? ...If there is someone we should be taking action against, it's him,” Justice Patel...
Husband Entitled To TDS Credit On Interest Earned From Amount Gifted To His Wife: ITAT
The Income Tax Appellate Tribunal's (ITAT), Pune Bench ruled that the husband is entitled to TDS credit on interest earned on the amount gifted to his wife.The two-member bench of R.S. Syal (Vice President) and S.S. Viswanethra Ravi (Judicial Member) has held that where the income on which tax has been deducted at source is assessable in the hands of someone other than the deductee, credit...
Exemption From Stamp Duty Granted Under Tamil Nadu Cooperative Societies Act Not Applicable To Multi-State Cooperative Societies: Madras High Court
The Madras High Court recently observed that the exemption from payment of stamp duty granted by the government under the Tamil Nadu Cooperative Societies Act is not applicable to societies registered under the Multi State Cooperative Societies Act 2002. Justice SM Subramaniam observed that Tamil Nadu Cooperative Societies Act is a State enactment whereas the Multi State...
Allegations Of Availment Of Fake Credit Cannot Be A Ground For Rejecting The Refund Applications Unless It Is Established: Delhi High Court
The Delhi High Court has held that allegations of availing of fake credit cannot be a ground for rejecting the refund applications unless it is established that the petitioner has not received the goods or paid for them.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the petitioner would be entitled to the refund of the ITC on goods that have been exported...
Doctrine Of Pleasure Subject To Rule Of Law: Kerala High Court Quashes Governor's Order Removing 15 Senate Members From Kerala University
The Kerala High Court on Friday quashed the order of Governor Arif Mohammed Khan, Chancellor of the University of Kerala, withdrawing the nomination of 15 members of the University Senate. A single bench of Justice Sathish Ninan held that the order of the Chancellor withdrawing the nominations of the members invoking the doctrine of pleasure was unsustainable in law and arbitrary:“it...
High Court Permits BJP MLA Vijender Gupta To Attend Delhi Assembly On Monday, Directs Him To Maintain Dignity Of House
The Delhi High Court on Friday permitted BJP MLA Vijender Gupta to attend the Delhi Legislative Assembly on Monday, the last day of the budget session till remainder of the session and directed him to maintain the dignity of the House. Justice Prathiba M Singh disposed of Gupta’s plea challenging the motion passed by Assembly suspending him from attending the sittings of the House for one...
Daughter-In-Law Being Told By Mother-In-Law That She Requires More Perfection In Household Work Not Cruelty: Andhra Pradesh High Court
"A married lady being told by her mother-in-law that she required more perfection in doing or attending household work can never be said to be cruelty or harassment," the Andhra Pradesh High Court has held.A bench comprising Justice Dr VRK Krupa Sagar was hearing the appeal of a mother-in-law and her son, aggrieved by conviction under Section 304B IPC (Dowry death) and sentence of...
Karnataka High Court Asks State To Put In Place Proper Methodology For Timely Disposal Of e-Khata Applications, Seeks Compliance Report
The Karnataka High Court has made it clear that whenever a manual khata (property document) is issued, e-khata is to be issued immediately on an application being made, otherwise, the very purpose of implementing the system of e-khata would be lost.A single judge bench of Justice Suraj Govindaraj directed the Principal Secretary, Rural Development and Panchayat Raj Department and the...