News Updates
Right To Choose Forum For Redressal Of Grievance Does Not Permit Choice Of Two Forums For Same Reliefs: J&K&L High Court Imposes 50K Cost
Coming down heavily on a petitioner for "forum hunting" and suppression of material facts, the Jammu and Kashmir and Ladakh High Court recently imposed a penalty of Rs. 50000 on him. The court ruled that a person may have a right to choose the forum for redressal of his grievance, but he/she cannot be permitted to choose two forums in respect of the same subject-matter for...
Odisha's POCSO Court Sentences Man To 20 Yrs Rigorous Imprisonment For Rape Of 10-Yr-Old; Orders ₹4 Lakh Compensation To Victim
A Special Court in Odisha under the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') has convicted a man and sentenced him to undergo rigorous imprisonment for twenty (20) years in a 2018 rape case which took place in the district of Keonjhar. While passing the order of conviction, Dr. Anil Kumar Dutta, ADJ-cum-Special Judge (POCSO) held, "…there is ample...
Delhi High Court Monthly Digest: October 2022 [Citations 926 - 1026]
Citations 2022 LiveLaw (Del) 926 TO 2022 LiveLaw (Del) 1026NOMINAL INDEXSatyendra Kumar Jain v. ED 2022 LiveLaw (Del) 926MICROMAX MEDIA PVT LTD v. M/S HEWLETT PACKARD INDIA SALES PVT LTD & ORS. 2022 LiveLaw (Del) 927PAWAN RELEY AND ANR. v. UNION OF INDIA AND ORS. and other connected matters 2022 LiveLaw (Del) 928PADMA DOONGA vs GOVT. OF NCT OF DELHI AND ORS 2022 LiveLaw (Del) 929ABC...
Merely Failing To Certify Victim's State Of Mind Doesn't Make Dying Declaration Unreliable: Orissa High Court
The Orissa High Court has held that failure on the part of the doctor to certify the 'state of mind' of deceased before recording her/his dying declaration will not make the same wholly unreliable, if the doctor is otherwise satisfied that the victim was in a fit state of mind to give the declaration. While dismissing the appeal, a Division Bench of Chief Justice Dr. S....
Abhijit Iyer Mitra Moves Delhi High Court Against 'Suspension' Of Twitter Account, Wants Handle Restored
Abhijit Iyer Mitra, who is a research fellow at the Institute of Peace and Conflict Studies, has approached the Delhi High Court seeking restoration of his Twitter account and action against the micro-blogging site for "suspending" his account "without following the procedure prescribed by law". Mitra's access to his Twitter account was blocked in July by the social media site in connection...
CBIC Issues Instructions on Pre-deposit payment method In Central Excise and Service Tax Cases
The Central Board of Indirect Taxes and Customs (CBIC) has issued instructions on pre-deposit payment methods in central excise and service tax cases.Some Commissioners (Appeals) rejected appeals for non-compliance with pre-deposit requirements mandated under Section 35F of the Central Excise Act, 1944 (CEA) and Section 83 of the Finance Act, 1994, read with Section 35F of the CEA. Payments...
Police Station Not a Prohibited Place Under Official Secrets Act: Bombay High Court Quashes FIR Against Man Booked For Shooting Video Inside PS
The Bombay High Court recently said that the definition of 'prohibited place' in the Official Secrets Act, 1923 is exhaustive but police station has not been included as one of the establishments or places under it. The court made the observation while quashing an FIR in July this year against a man, who was booked under Section 3 of the Act for recording a video inside a police station...
Characteristics Of "Consumables" Does Not Attach "Welding Electrodes", MODVAT Credit Can't Be Recovered: CESTAT
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that characteristics of "consumables" do not attach to "welding electrodes", and, therefore, the recovery of the Modified Value Added Tax (MODVAT) credit was incorrect.The bench of C.J. Mathew has observed that MODVAT credit is available on the procurement of goods that are 'inputs' with 'capital...
Babri Demolition Case: Allahabad High Court Reserves Judgment On Maintainability Of Appeal Against Acquittal Order
The Allahabad High Court today reserved its Judgment on the maintainability of a criminal appeal filed against the order of the Special CBI Court at Lucknow that acquitted all 32 persons (including prominent BJP leaders L K Advani, Murli Manohar Joshi, Uma Bharati, Kalyan Singh, etc) accused of hatching the criminal conspiracy behind the demolition of the Babri Masjid mosque on December...
Man Who Set Himself Ablaze In Madras HC Over Denial Of Tribal Certificate To Son Actually Belonged To SC Community: State Claims
Additional Advocate General J Ravindran on Monday told the Madras High Court that the man who set himself ablaze in the court premises over non issuance of community certificate to his son actually belonged to the Scheduled Caste (Hindu Kuravan) community and not the Scheduled Tribe community (as he had claimed in his application). The bench of Acting Chief Justice T Raja...
Delhi High Court Allows Depreciation Claim To Daikin For Goodwill On Exclusive Business Rights
The Delhi High Court while ruling in favour of the Daikin Shri Ram Aircon Pvt. Ltd. has held that the business rights acquired for valuable consideration constitute an intangible asset within the meaning of Section 32(1)(ii) of the Income Tax Act and depreciation is allowable.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the department has...
Gujarat High Court Quashes State's First FIR Filed Under 'Anti-Love Jihad' Law
The Gujarat High Court recently quashed the first FIR registered by the Gujarat Police under the state's 'anti-love jihad' law after the husband and wife settled the matter among themselves."...this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned FIR would be nothing but unnecessary harassment to the parties and trial thereon...