Prohibiting Villagers From Using Public Road Violates Fundamental Rights: Meghalaya HC On Village Durbar Resolution

The High Court of Meghalaya recently observed that a resolution prohibiting two senior citizens from using a village road for transportation of their produce violated their fundamental rights and is manifestly illegal, discriminatory and at the same time punitive in nature.The resolution was passed against the two men by Marwir Village Dorbar after they refused to give No Objection...

Transfer Of Non-Self Generated Goodwill At Book Value; No Tax Can Be Levied Despite Withdrawal Of Tax Exemption: ITAT

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that, where a goodwill is acquired by incurring cost and it is transferred at book value, no tax can be levied on transfer of the goodwill despite withdrawal of exemption on capital gains tax on conversion of a sole proprietary concern into a company, for violation of the conditions provided in Section 47(xiv)(b) of...

Kerala High Court Grants Bail To Headload Worker Who Shared Indecent Facebook Posts Against Prophet Muhammad

The Kerala High Court on Monday granted bail to a headload worker booked under Section 153 A of Indian Penal Code and Section 120(o) of the Kerala Police Act for sharing indecent and scandalous Facebook posts on Muhammed Nabi.Justice Viju Abraham, while allowing the bail application, directed the petitioner to execute a bond of Rs.50,000/- with two solvent sureties and to appear before...

Legal Drafting: Delhi HC Asks Lawyers To Confine To Facts In Bail Pleas, Skip Adding Judgment Extracts

Noting that lawyers add elaborative judgment extracts while drafting bail pleas, the Delhi High Court has requested counsels to adhere to "basic principles of pleading" and mention only facts, legal provisions and grounds on which bail is sought.Justice Talwant Singh observed that there is no need for the drafting counsels to attach copies of the judgements along with pleadings as it results...

Gujarat Hooch Tragedy: High Court Grants Anticipatory Bail To Amos MD, 3 Directors

The Gujarat High Court has granted anticipatory bail to four Directors and an employee of the Amos Corporation which is embroiled in the Hooch Tragedy of July 2022. 600 litres of methyl alcohol was allegedly stolen from the company by one of its authorized personnel Jayesh Khavadiya and was eventually supplied to bootleggers. The spurious country made liquor had claimed 46 lives and...

Category For Premature Release More Beneficial To Convict Will Apply If Case Falls Under Two Different Categories Within Same Guidelines: Bombay HC

The Bombay High Court recently held that number of persons who committed the murder is irrelevant in cases related to trade union activities while categorizing the case for the purpose of premature release of life convicts."What is relevant is murder should have been committed as a result of trade union activities and therefore, whether murder has been committed by more than one person/group...

Orissa High Court Weekly Round Up: September 12 To September 18, 2022

Nominal Index:Dara Singh @ Rabindra Ku. Pal & Ors. v. State of Odisha, 2022 LiveLaw (Ori) 135Anugraha Narayan Pattnaik v. State of Odisha & Ors., 2022 LiveLaw (Ori) 136Harekrushna Naik & Ors. v. State of Orissa, 2022 LiveLaw (Ori) 137Siddhachit Roy v. Rabindra Kumar Mallick, 2022 LiveLaw (Ori) 138Abhiram Chatria v. State of Odisha & Ors., 2022 LiveLaw (Ori) 139 Judgments...

[Anti-CAA Protests] Trial Pending In Over 50% Cases, Probe Incomplete in Most FIRs: Delhi Police To HC

More than two years after violence broke out in the national capital in connection with the anti-CAA protests, Delhi Police has said that out of the total 541 FIRs registered against those who damaged public and private properties, only eight have been decided in the courts and trial is pending in 51 percent of the cases.The police has submitted the list of cases along with a...

Police Law & Order Wing Pivotal To Protect Citizens' Fundamental Rights; Can't Depute Dishonest Personnel: Madras High Court

While dealing with a petition seeking conversion of some Police Officers from Armed Reserve to Law and Order, the Madras High Court observed that suitability and eligibility, etc had to be assessed by the concerned departments and High Courts could not interfere in such matters. Interference was only possible when there was an irregularity in appointments. Justice SM Subramaniam...

'Forced Labour Prevalent Even After 75 Years Of Independence': J&K&L High Court On Class-IV Employee's Rs 500 Annual Wage

The Jammu and Kashmir and Ladakh High Court has ruled that the payment of wages at the rate of Rs. 500 per year since 1998 to a government school employee is clearly a form of Forced Labour, which is strictly prohibited under Article 23 of the Constitution of India."This Court being a custodian of the fundamental rights cannot shut its eyes to the injustice carried out against the petitioner...

Delhi High Court Permits Huawei CEO Xiongwei Li To Travel Abroad Subject To Depositing FDR Of Rs. 5 Crores

Upholding a Trial Court order by which look out circular (LOC) issued against Xiongwei Li, CEO of Huawei Telecommunications (India) Company Private Limited was quashed, the Delhi High Court on Tuesday permitted him to travel abroad subject to depositing of an FDR of Rs. 5 crores.Justice Anu Malhotra added that the condition so imposed will be forfeited on account of Xiongwei Li's non-joining...

Bombay High Court Grants Bail To Bollywood Actor Armaan Kohli In Drug Case

The Bombay High Court on Tuesday granted bail to Bollywood actor Armaan Kohli in an illicit drug traffic case.Justice Nitin W. Sambre directed that Kohli be released on a bond of Rs. 1 lakh with sureties.Kohli was arrested by the Narcotics Control Bureau after 1.2 grams (small quantity) of contraband cocaine was allegedly recovered from his house. Seven persons in total have been arrested in...