News Updates
"Happened In A Spur Of The Moment, No Intention To Kill": Tripura High Court Reduces Sentence For Attempt To Murder
The Tripura High Court recently reduced the sentence of a person convicted for the offence of attempt to murder punishable under Section 307 IPC on the ground that the incident happened in the spur of the moment and that the convict had no intention to kill the victim. The judgment was passed by a division bench of Justice Amarnath Goud and Justice Arindam Lodh: "Having considered...
Oral Dying Declaration Which Is Reliable & Not Controverted By Defence Is Admissible In Evidence: Gujarat High Court
In a significant decision, the Gujarat High Court has made it clear that a dying declaration cannot be said to be inadmissible merely because it was given orally. A single bench of Dr. Justice Ashokkumar Joshi observed that an "oral dying declaration" given by the deceased, which is not controverted by the defence in cross-examination, is admissible in evidence.Holding thus, the High...
No Approval Granted For K-Rail, All Steps Towards Land Acquisition Premature: Railway Board Informs Kerala High Court
In a statement filed on Monday, the Railway Board has informed the Kerala High Court that all steps taken in pursuance of land acquisition for K-Rail Silverline are premature since no approval has been granted for the project so far. Through the statement moved the ASG S. Manu, the Railway Board reiterated that it has neither approved nor concurred with the SIA and that the survey conducted...
AO To Workout Pro Rata Deduction In Regard To Eligible Residential Units: Bombay High Court
The Bombay High Court has upheld the order of the ITAT directing the Assessing Officer to work out the pro rata deduction under Section 80IB(10) of the Income Tax Act, 1961.The division bench of Justice Dhiraj Singh Thakur and Justice Abhay Ahuja has observed that Section 80IB(10) nowhere even remotely aims to deny the benefit of deduction in regard to a residential unit,...
Cash Sales Accepted By VAT Dept. Not Sufficient To Hold It To Be Genuine: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that the cash sales accepted by the VAT department are not sufficient to hold that the cash sales were genuine. The division bench of Justice Sabina and Justice Satyen Vaidya has held that the Assessing Officer was liable to independently look into the cash sales to come to a conclusion as to whether the said sales were genuine or not....
Advocate General For Punjab Anmol Rattan Sidhu Resigns Citing Personal Reasons
Punjab's Advocate General Anmol Ratan Singh Sidhu has tendered his resignation. In a letter written to the Chief Minister of Punjab, Bhagwant Singh Mann, Mr. Sidhu cited personal reasons behind the decision to resign from the post.Sidhu was appointed the AG for Punjab in March this year. Sidhu has been Punjab And Haryana High Court Bar Association's president at least 5 times and he has...
Una Flogging Case 2016: Gujarat HC Grants Bail To 4 Accused, Orders State To Make Appropriate Arrangements For Conclusion Of Trial
The Gujarat High Court yesterday granted regular bail to four key accused in the July 2016 Una Dalig Flogging case. This is the first time in the last six years that the court has granted bail to the accused in the case.The court observed that the accused have already served nearly six years of imprisonment, and there has been little progress in the trial of the case. The accused were allegedly...
Freedom Of Speech & Expression Does Not Permit A Person To Question The Status Of A Part Of The Country Or Its People: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently held that the freedom of speech and expression cannot be stretched to such a limit as to allow an individual to call Kashmir an occupancy of the military or to say that the people of Kashmir are being held as slaves. A bench comprising Justice Sanjay Dhar observed: "In my opinion, the freedom of speech and expression...
Tripura SC/ST Reservation Rules | Enquiry For Verifying Caste Certificate Not Absolutely Barred In View Of Favourable Report By SDM: High Court
The Tripura High Court recently dismissed the plea of a person claiming to belong to scheduled caste, seeking quashing the summons issued by Member-Secretary, State Level Scrutiny Committee (SLSC) calling upon the petitioner to appear before the Committee for verification. The decision came from Justice T. Amarnath Goud who held that merely because the Petitioner had a favourable...
S.6 SRA | Limitation Period For Instituting Suit For Recovery Of Possession Is 6 Months: Punjab & Haryana High Court
The Punjab and Haryana High Court has recently held that period of limitation for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act, 1963 is six months. The period of limitation prescribed for instituting a suit for recovery of possession under Section 6 of the Specific Relief Act is six months. The bench comprising Justice Manjari Nehru Kaul...
Lakhimpur Kheri Violence: Allahabad High Court Denies Bail To Ashish Mishra
The Allahabad High Court today rejected the bail plea of the Union Minister's Son, Ashish Mishra, who is a prime accused in the Lakhimpur Kheri Violence case. The Court said that if he is granted bail there are chances that he may influence the witnesses.Mishra is facing a case of Murder for an incident that took place on October 3, 2021, when four protesting farmers were killed after they...
Food Adulteration Act | Statutory Procedure For Drawing Samples Is Mandatory: Gujarat High Court Refuses To Reverse Acquittal
The Gujarat High Court has upheld the order of acquittal in a matter involving offences under Sections 2(ia)(a)(f)(m) and Section 7(1)(5) and Section 16(1) of the Prevention of Food Adulteration Act, 1954. The Bench comprising Dr Justice Ashokkumar Joshi found that the Sanitary Inspector while collecting the sample of soji had failed to seal the product in a wooden box and had not made...