In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

The Jaipur bench of the Rajasthan High Court ruled that in matters that affect supply of public services like electricity to the consumers in the State, ordinarily ex-parte interim order ought not to be granted, and even if it was granted, the application for vacating the stay is required to be considered expeditiously.The observation came in appeal filed against a June 25 interim order of...

Magistrate Granting Permission To Probe Non-Cognizable Offence Must Apply Mind, Not Write 'Lengthy Orders To Fill Up Pages': Karnataka HC

The Karnataka High Court has said that Magistrate courts, while passing an order on a request made by the police to investigate a non-cognizable offence, should not merely pass lengthy orders only to fill up the pages, without applying their mind.A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Krishnappa M T and another quashed the proceedings...

[Direct Tax Vivaad Se Vishwas Act] Review Plea Against SLP Constitutes "Disputed Tax" U/S 2(i)(j): Delhi High Court

The Delhi High Court has held that a review petition, against the orders passed in SLP by the Supreme Court, is “Disputed Tax” under Section 2(1)(j) of the Direct Tax Vivad Se Vishwas Act, 2020 and the review petitioner would be eligible to take benefit of “Vivad Se Vishwas Scheme”. Section 2(1)(j) defines disputed tax in relation to Appeal, Writ Petition or Special Leave...

Art. 311(2)(c) | Governor's Sanction To Delinquent's Dismissal Sans Inquiry Not Based On 'Subjective Satisfaction', Manipur HC Upheld Reinstatement

Recently, the Manipur High Court upheld the reinstatement of the Sub-Inspector of Police who was dismissed from the service because of his alleged links with the banned organization the People's Liberation Army/Revolutionary People's Front (PLA/RPF). Affirming the Single Bench decision, the bench led by Chief Justice Siddharth Mridul and comprising Justices Ahanthem Bimol Singh and...

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land

The Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a litigant who repeatedly approached the court challenging a land acquired for development of Gurugram's sector 57.Despite the fact that the High Court had granted liberty to the Petitioner to approach the appropriate authority in first round of litigation, the petitioner filed SLP for second directions and then...

[NDPS Act] Prima Facie Every Cell Of Magic Mushroom Contains Chemical, To Be Weighed Entirely To Ascertain Commercial Quantity: Madras HC

While hearing a bail plea under the NDPS Act, the Madras High Court recently noted that every cell of 'magic mushroom' contains psychotropic chemicals and hence the entire mushroom would have to be weighed to determine if the quantity confiscated is falling under commercial quantity. Justice Bharatha Chakravarthy thus while dismissing a bail plea prima facie differed from the stand taken...

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty

While considering a case under the Consolidation of Holdings Act, 1963, the Allahabad High Court has imposed a cost of Rs. 50,000 /- on a litigant for concealing material facts from the Court. In imposing exemplary costs, Justice Jaspreet Singh relied on a judgment of the Supreme Court in Bhagwan Singh Vs. State of U.P. and Others, where it recently laid down corrective measures for advocates...

'Mitti Cafe' Now At Gujarat High Court, Chief Justice Emphasizes On Institutional Commitment To Inclusivity And Empowerment At Inaugration

Gujarat High Court Chief Justice Sunita Agarwal on Monday (November 25) inaugurated 'Mitti Cafe' on the High Court premises.The Mitti Cafe, a unique project, aimed at fostering inclusivity by empowering individuals with physical or intellectual disabilities, is operated entirely by specially-abled staff, providing them with employment opportunities after specialized training in managing a...

Kerala High Court Weekly Round-Up: November 18 – November 24, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 727 – 747]Nimija v State of Kerala, 2024 LiveLaw (Ker) 727Case Title: TNS India Pvt. Ltd. and Another v State of Kerala, 2024 LiveLaw (Ker) 728Aji v State of Kerala, 2024 LiveLaw (Ker) 729Visakh v State of Kerala and Another, 2024 LiveLaw (Ker) 730X v State of Kerala, 2024 LiveLaw (Ker) 731K K Damodaran & Co. v Union of India, 2024 LiveLaw...

Plea In Madras High Court Seeks SIT/ED/CBI Probe Into Indictment Of Gautam Adani In US On Bribery Charges

A plea has been filed in the Madras High Court seeking directions to the Home Ministry to either set up a Special Investigation Team (SIT) or to direct the Enforcement Directorate (ED) or Central Bureau of Investigation (CBI) or any other appropriate investigation agency to investigate into the corruption charges levelled against Indian businessman Gautam Adani and his indictment by...

Grants For Daily Expenses Are Not Consideration For Services Rendered By Assessee, Not Liable To Tax: Kerala High Court

The Kerala High Court stated that financial grants provided to the assessee for covering daily operational expenses do not qualify as payment (consideration) for any services that the assessee might be providing and are not liable to tax. The Bench of Justice Gopinath P. observed that “The assessee has only received grants to meet its day-to-day expenses including...

Principle Of Res-Judicata Not Applicable To Reliefs Of Alimony, Stridhan Which Can Be Claimed At Any Subsequent Stage: Rajasthan High Court

Applying the Golden Rule for purposive interpretation of Section 25 of the Hindu Marriage Act, the Jodhpur bench of the Rajasthan High Court ruled that the Doctrine of Res Judicata is not applicable on the reliefs of permanent alimony and stridhan as provided in the provision. In doing so the court underlined that res judicata is not applicable since the reliefs sought under Section 25 could...