News Updates
Tax Cases Weekly Round-Up: 16 October To 22 October, 2022
Supreme Court Valuation Of Shares For The Purpose Of Gift Tax Should Take Into Consideration Limitation And Restrictions: Supreme Court Case Title: Deputy Commissioner of Gift Tax Versus M/s BPL Limited Citation: 2022 LiveLaw (SC) 848 The Supreme Court has held that the valuation of shares for the purpose of gift tax must take into consideration the limitations...
Suggest Guidelines To Ensure Well-Being Of Children Who Are Released To Families By CWC Or Any Other Authority: High Court To DSLSA
In a matter related to the current status of 11 minors, who had been recovered from a brothel in Delhi in 2015 and released to their parents' custody, the Delhi High Court has directed the Delhi State Legal Services Authority (DSLSA) to suggest guidelines or safeguards that can be put in place in respect of such children, who are released by Child Welfare Committee (CWC) or by any other...
Rajasthan HC Directs Police Constable Who Slapped Defence Lawyer During His Cross-Examniation To Submit ₹25K With DLSA
The Rajasthan High Court recently directed a police constable, who slapped a defence lawyer during his cross-examination as a witness, to submit Rs. 25K with DLSA after accpeting his uncondititional apology tendered before the Court.With this, the bench Justice Vijay Bishnoi and Justice Farjand Ali disposed of the criminal contempt petition registered on the basis of a complaint filed by...
Law Student Allegedly Beaten Up In Police Custody: MP High Court Orders Probe By State Human Rights Commissions
The Madhya Pradesh High Court has ordered the State Human Rights Commission to probe the case of a law student who was allegedly beaten up in police custody after being lifted from his sister's house on the pretext that he was needed for some investigation in a murder case.Pirma facie finding it to be a case of human rights violation, the bench of Justice Vivek Agarwal asked the Commission...
S.138 NI Act | Production Of Original Power of Attorney Not Necessary At Time Of Taking Cognizance Of Complaint: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Friday ruled that the production of original Power of Attorney is not necessary at the time of taking cognizance of the complaint under Section 138 of Negotiable Instruments Act.The observations were made by Justice Sanjay Dhar while hearing a plea in which the petitioner had challenged a complaint filed by respondent bank against him for an...
Man Who Allegedly Raped, Impregnated Step-Daughter Acquitted | Meghalaya HC Reproves State For Failure To Challenge Order
The Meghalaya High Court recently reproved the state government for its failure to challenge the order and judgment of the trial court acquitting a man/accused who allegedly raped and impregnated his stepdaughter.The bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh also found fault with the state government's act of not conducting a DNA test to ascertain who may have been the...
Factors Like Nature Of Crime, Methodology Adopted Assume Significance In Denying Bail To A Juvenile: Allahabad High Court
The Allahabad High Court has observed that factors such as the nature of the crime, the methodology adopted, the manner of commission, and the evidence available assume ample significance in deciding to deny bail to a juvenile. The bench of Justice Jyotsna Sharma observed thus as it stressed that bail to a juvenile is not a must in all cases as it can be denied if, in the opinion of the...
Questions Of Faith Have No Bearing On Individual's Freedom To Choose A Life Partner: Delhi High Court
Observing that the freedom of choice in marriage is an intrinsic part of Article 21, the Delhi High Court has said that the questions of faith have no bearing on the freedom to choose a life partner. Justice Anoop Kumar Mendiratta said that in cases where couples are legally married out of their own free will and volition, the police is expected to act expeditiously and with sensitivity...
'Paraplegia Impacts Marital Life, Deprives Children Of Love': Bombay HC Grants Over ₹1 Crore Compensation To Road Accident Victim
Nit-picking and awarding meagre amounts of compensation to accident victims, unmindful of their deep mental and emotional scars, is an affront of the injured victim, the Bombay High Court has reiterated this while awarding compensation of more than Rs 1 crore to a claimant, who sustained multiple injuries in a road accident in 2004.A single judge bench of Justice Anuja Prabhudessai allowed...
Madras High Court Weekly Round-Up: October 17 to October 23, 2022
A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 434 To 2022 LiveLaw (Mad) 440 NOMINAL INDEX Vikas Rambal and others v. The State, 2022 LiveLaw (Mad) 434 P Rajendran v. The Assistant Director, Directorate of Enforcement, 2022 LiveLaw (Mad) 435 Mrs Karthika v. Superintendent of Police, 2022 LiveLaw...
Casually Written Judgement And Casually Appreciated Evidence Is A Casualty To Justice: Delhi High Court
Observing that appreciation of evidence is crucial to do justice, the Delhi High Court has said that a casually written judgment and casually appreciated evidence is a casualty to justice.Justice Swarana Kanta Sharma said that a judgment is the nectar explaining every aspect of the facts and circumstances in each case and as such, is a reason for reaching to a decision.The court made...
CESTAT Allows Refund Of Unutilised Cenvat credit of Education Cess For Payment Of Output Tax
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the refund of unutilised cenvat credit of education cess and secondary and higher education cess for payment of output tax.The bench of Anil Choudhary (Judicial Member) has relied on the order passed by the Tribunal in the case of Bharat Heavy Electricals Ltd. Vs. Commissioner, CGST and held an...