News Updates
Newslaundry Moves Delhi High Court Against Single Judge's 'Prima Facie' Observation In Favour Of TV Today In Lawsuit
Newslaundry has moved the Delhi High Court against a single judge order which had given a prima facie finding in favour of TV Today Network, which owns news channels India Today and Aaj Tak, while dismissing the media group's interim application in its defamation and copyright infringement suit against the news portal.TV Today Network had filed a suit before a single judge against...
Taunting Polio-Stricken Husband's Disability, Snatching His Crutches, Pushing & Throwing Him Around Is The Most Inhumane Kind Of Cruelty: P&H HC
The Punjab and Haryana High Court, while disposing of an appeal filed by the husband, held that the act of the respondent-wife in taunting the husband's physical disability, snatching his crutches and manhandling and throwing him around, amounted to both physical and mental cruelty. The appeal was filed by the appellant-husband against the order passed by the Additional District...
'Cannot Claim Protection For Supplying False Information': Delhi High Court Rejects BSF Constable's Plea Against Dismissal For Non-Disclosure Of FIR
The Petitioner was a minor when the FIR was registered. The court said he cannot claim protection under JJ Act as on the second occasion he "had admittedly attained majority and was gainfully under the services of BSF. "
DGP Entertaining 'Mercy Petitions' Against Departmental Action Is Unconstitutional: Madras High Court
The Madras High Court recently observed that the power to entertain mercy petition of any convicted person under any law to which the executive power of the State extends is only available to the Governor of the State. Thus, the office of the Director General of Police (DGP) has no statutory power to entertain mercy petitions against orders passed in departmental action. Such an exercise of...
Karnataka State Commission For SC/ST Has No Adjudicatory Power In Service Matters: High Court
The Karnataka High Court has said that the State Scheduled Castes/ Scheduled Tribes Commission is not conferred with adjudicatory powers under the Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002 and it cannot direct regularisation of services. A single judge bench of Justice S.G. Pandit allowed the petition filed by the Executive...
Appropriate Security Arrangements Made To Ensure Subramanian Swamy's Safety: Centre to Delhi High Court
The union government on Thursday told the Delhi High Court that appropriate arrangements have been made for ensuring the safety and security of former Rajya Sabha MP Subramanian Swamy at his private residence in the national capital."Security agencies are satisfied that appropriate arrangements have been made for ensuring the safety and security of the petitioner herein considering the fact...
Suit Barred By Proviso To S.34 SRA Should Not Be Dismissed Without Opportunity To Amend Plaint & Seek Consequential Relief: MP High Court
The Madhya Pradesh High Court, Indore Bench recently held that a suit should not be dismissed immediately upon knowing that the same is barred by the proviso to Section 34 of the Specific Relief Act. Justice Pranay Verma further observed that the Plaintiff ought to be given an opportunity to amend the plaint and claim consequential relief- Thus, it has been the consistent view...
Punjab & Haryana High Court Denies Permanent Alimony Under Hindu Marriage Act To Wife Living In Adultery
The Punjab and Haryana High Court recently denied permanent alimony to a wife living in adultery, after a divorce decree was passed on the very ground of such adultery. The appellant-wife in the case filed an appeal challenging the judgment of the Family Court, Ambala, by which judgment, the Family Court had allowed the divorce petition filed by the respondent-husband under...
Punjab & Haryana High Court Dismisses Plea Filed Challenging CIC Order Denying PM CARES Fund Details
The Punjab and Haryana High Court recently dismissed a plea that was moved challenging an order of the Chief Information Commission denying information sought for regarding the PM CARES Fund details.The bench of Justice Mahabir Singh Sindhu noted that both the authorities, the office of CPIO and the CIC, are situated in New Delhi, and since they do not fall within the territorial jurisdiction...
"Protector Turned Perpetrator, Acted Like 'Cunning Cat'": Orissa HC Upholds Conviction Of Primary School Cook For Raping Hostel Inmates
The Orissa High Court has upheld the conviction and ensuing sentence of 12 years rigorous imprisonment imposed upon a 'cook-cum-attendant' of a Primary School in the district of Phulbani, who was accused of raping three inmates of the school hostel. While expressing shock and condemnation over such an unfortunate incident, a Single Bench of Justice Sangam Kumar Sahoo...
Existence Of Dependent Agent Permanent Establishment (DAPE) Is Of No Tax Consequence, If Agent Is Paid Arm's Length Remuneration: ITAT
The Mumbai bench of the Income Tax Appellate Tribunal (ITAT)has ruled that the business profits embedded in the reinsurance premium received by a non-resident reinsurance company, is not taxable in India if the company has no permanent establishment (PE) in India which is at its disposal.The bench of Pramod Kumar (Vice President) and Anikesh Banerjee (Judicial Member) held that unless it...
Mere Possession Of 'Jihadi Literature' Not An Offence Unless Material Shows Execution Of Philosophy To Commit Terrorist Acts: Delhi Court
Dealing with a case registered under Unlawful Activities (Prevention) Act, a Delhi Court has observed that mere possession of "jihadi literature" having a "particular religious philosophy" would not amount to an offence unless there is material to show execution of such philosophy to commit terrorist acts. "….to hold that mere possession of Jihadi literature having a particular...