News Updates
Accused Can't Seek Trial Court's Direction To Prosecuting Agency To Collect A Particular Piece Of Evidence: Allahabad High Court
The Allahabad High Court has observed that an accused cannot ask the trial Court for a direction to the prosecuting agency that a shred of particular evidence is collected which may be in his favor.The bench of Justice Dinesh Kumar Singh dismissed a petition moved by Former IPS Officer Amitabh Thakur, who had sought the preservation of the Call Detail Records (CDR) of the then Additional...
Person Answering Interrogatories Has To Be Truthful, Giving False Answers Can Be Visited With Perjury: Delhi High Court
The Delhi High Court has observed that it is incumbent upon a person answering the interrogatories to be truthful in the answers and if the person is eventually found to have given false answers, they can be visited with consequences like perjury, since the answer given in response to interrogatory can be used in evidence. "Under Order 11, Rule 22 CPC, the answer given in response to...
Assessee Entitled To Avail Cenvat Credit Of Service Tax Already Paid During Transitional Period: Madras High Court
The Madras High Court, consisting of Justice R. Ramdevan and Justice Mohammed Shaffiq, has held that the assessee is entitled to avail cenvat credit of the service tax already paid but the assessee was unable to claim due to a transitional provision that has come into effect from 01.07.2017.The respondent/assessee is engaged in the manufacture of GI Tower Parts, ERW Black and GI...
Narco Analysis: Rajasthan HC Directs Trial Court To Permit Man Booked For Dowry Death To Voluntarily Undergo Narco Test In Support Of His Defence
The Rajasthan High Court has recently directed the trial court to immediately permit a husband-petitioner, charged with causing dowry death of his wife, to voluntarily undergo Narco Analysis Test in support of his defence and thereby enter the same into evidence.Dr. Justice Pushpendra Singh Bhati observed, "Even if the Narco Analysis test may not have an absolute binding impact upon the...
ITAT Quashes Time Barred TDS Default Order Passed Against Google India
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the TDS default order passed against Google India on the grounds that it was time barred. The two-member bench of George George K. (Judicial Member) and Padmavathy S. (Accountant Member) has observed that for the years under consideration, the period of four years from the end of the financial year in...
[Medical Negligence] Obtaining Expert Opinion Necessary Before Setting Criminal Law Into Motion Against Medical Professionals: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Friday ruled that before prosecuting medical professionals for the offence of criminal negligence, a Criminal Court should obtain opinion of the medical expert and if from such opinion, a prima facie case of criminal negligence is made out against a medical professional, only then the machinery of criminal law should be set...
"Only Parliament Can Include A Caste In The SC List": Allahabad HC Quashes UP Govt Orders Notifying 17 OBCs As Scheduled Castes
In a significant order, the Allahabad High Court has quashed the orders of the Uttar Pradesh Government recognizing or acknowledging 17 Other Backward Classes sub-castes as Scheduled Castes. The Court said that this exercise could have been undertaken only by way of parliamentary law."The provisions of Article 341 of the Constitution do not leave any scope for including any Caste or Group to...
"It Appears Anybody Can Encroach On Any Part Of Land": Uttarakhand HC Directs Immediate Removal Of Encroachments Over River Beds Of Dehradun
The Uttarakhand High Court has expressed severe dismay over the continuous encroachments of river beds in Dehradun and tacit involvement and support of the authorities concerned. A Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe, while passing order for immediate removal of encroachments, observed, "We are dismayed to see the current state...
Orissa HC Directs Police To Escort Lawyer Who Was Allegedly Obstructed By Bar Members From Submitting Bail Bond Of Accused
The Orissa High Court, on Friday, directed the Superintendent of Police, Khurda to provide necessary security/escort to a lawyer who was allegedly obstructed by Bar members of Tangi from approaching the Magistrate for submitting the bail bonds of his clients. While expressing concern over the matter, a Division Bench of Justice S. Talapatra and Justice M.S....
S.147 NI Act | Post-Conviction Compounding Of Offences Is Permissible: Himachal Pradesh High Court
The Himachal Pradesh High Court recently observed that a Court, while exercising powers under Section 147 of the Negotiable Instruments Act, can proceed to compound the offences even after recording of conviction by the courts below.The observation came from Justice Sandeep Sharma in a case where the revision Petitioner, who was convicted under Section 138 of the NI Act by the Magistrate...
Delhi High Court Dismisses Ex-CFO's Plea Against PwC Ltd Seeking Action For Criminal Defamation
The Delhi High Court has observed that criminal liability cannot be fastened on the basis of a person holding a position in any company, with nothing more to specify the role played by such a person in the commission of a crime. Justice Asha Menon made the observation while dismissing a plea filed by a former Chief Finance Officer (CFO) of M/s Pricewaterhousecoopers Private Limited, who had...
Kerala High Court Refuses To Stay Proceedings In Assembly Ruckus Case
The Kerala High Court on Friday refused to stay the proceedings in the Kerala Legislative Assembly Ruckus Case. Justice Ziyad Rahman A.A., while refusing to stay the proceedings further rejected the prayer of the accused political leaders to exempt their personal appearance in trial court. The case involves ruckus which had happened in the Kerala Assembly in March 2015, while the CPI(M)...