Untorn Clothes Of Alleged Victim Denotes Consent: Punjab & Haryana HC Acquits Man In Rape Case

The Punjab & Haryana High Court acquitted a man in rape case observing discrepancy in the prosecutrix's testimony and that the alleged sexual intercourse was consensual as the clothes of the prosecutrix were not torn at the crime site.The Court said, "The existence of untorn clothes of the prosecutrix, at the crime site, also is magnificatory that, as such, the prosecutrix was a...

Jammu & Kashmir And Ladakh High Court Quarterly Digest: October To December 2024

Nominal Index:Hallmark v. Jammu & Kashmir GST Department & Anr 2024 LiveLaw (JKL) 272Sabahat Sanna Vs Dr Shabir Ahmad 2024 LiveLaw (JKL) 273Sudhir Power Limited v. Union Territory of Jammu and Kashmir & Ors 2024 LiveLaw (JKL) 274Pawan Kumar Vs UT Of J&K 2024 LiveLaw (JKL) 275Syed Tassadque Hussain Vs Union Of India 2024 LiveLaw (JKL) 276Oriental Insurance Company Vs M/S...

Charitable Society Looking After Socio-Economic And Welfare Matters Of Ex-Servicemen, Their Families Can Levy Service Tax: Kerala HC

The Kerala High Court stated that services by charitable society who look after socio-economic and welfare matters of ex-serviceman and their families is liable to service tax. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “for an association like the assessee, the embarking on a transaction that is designed to earn income for its members,...

Bombay High Court Weekly Round-Up: December 23 - December 29, 2024

Citations: 2024 LiveLaw (Bom) 650 to 2024 LiveLaw (Bom) 654Nominal Index: Zahid Khamisa vs. State of Maharashtra & Anr, 2024 LiveLaw (Bom) 650Imperial Consultants and Securities vs. Deputy CIT, 2024 LiveLaw (Bom) 651Shri Saibaba Sansthan Trust (Shirdi) vs. Union of India, 2024 LiveLaw (Bom) 652Nav Chetna Charitable Trust vs, CIT (Exemption), 2024 LiveLaw (Bom) 653Chandrabhan Atulkar v....

A School's Farm Land Won't Be Leased Without Reasoned Decision By Its Committee Presided By Village/Municipal Council Head: Allahabad HC

While disposing of a public interest litigation pertaining to illegal leasing of land belonging to schools, the Allahabad High Court has directed that school's farm land cannot be leased out without a reasoned decision by the Committee of the concerned school. The Committee to be constituted must include Gram Pradhan or Nagar Palika Adhyaksha as President and a person nominated by...

'Mridanga Vision' Proprietor Moves Kerala HC Seeking Anticipatory Bail Over Accident At Event Which Injured MLA Uma Thomas

Nigoshkumar M., the sole proprietor of 'Mridanga Vision' has moved the Kerala High Court seeking anticipatory bail over the accident caused to Thrikkakara MLA Uma Thomas.Reportedly, the MLA fell from the 15-foot VIP gallery erected at the Jawaharlal Nehru Stadium for the event 'Mridanga Naadam'. The program was organized by Mridanga Vision with an intention to set a Guinness World Record and...

In Revision Jurisdiction While Considering Discharge Plea Court Has To Only See If IO Collected Sufficient Material Or Not: Karnataka HC

The Karnataka High Court has said that scope of revision is very limited against the discharge application and the Court has to consider only the material on record collected by the Investigating Officer whether sufficient or not.Justice H P Sandesh held thus while dismissing the petition filed by Dr Mohankumar M. Referring to judgments of the Supreme Court It said, “The Court cannot conduct...

Karnataka High Court Weekly Digest: December 23 - December 29, 2024

Citation 2024 LiveLaw (Kar) 526 to 2024 LiveLaw (Kar) 531Nominal Index:M Manjula & Others AND Deputy Commissioner & Others. 2024 LiveLaw (Kar) 526Union Bank of India & ANR AND V Harsih D Kamath & ANR. 2024 LiveLaw (Kar) 527G Swamy AND B Devendrappa. 2024 LiveLaw (Kar) 528Ms X AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 529Chandra @Chandrashekhara Bhat AND State...

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. 9 lacs would not be just and fair. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in excess of five...

Phrase "Where It Is Possible To Do" U/S 73(4B) Of Finance Act Doesn't Make Timeline To Determine Service Tax Dues 'Suggestive': Delhi HC

The Delhi High Court has held that the usage of expression "where it is possible to do so" doesn't make the timeline stipulated under Section 73(4B) of the Finance Act, 1994 to determine service tax dues 'suggestive' in nature. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma observed, “...Section 73(4B) was framed and introduced in...

Public Spirited Person Undergoing Sterilisation Can't Be Deprived Of Advance Increments Under Scheme For Family Planning: Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court held that if a public spirited person (whether he is a government servant or not) unselfishly gets himself/herself sterilised for family planning, such person cannot be later deprived of any benefit under a government scheme for advance increments to government servants opting for family planning.In doing so, the court clarified that such person...

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35(2)(a), an award can be set aside only if the petitioner establishes that the parties were under some incapacity or...