High Courts
“Serious Issue”: Madras High Court Orders Probe After IO Says She Didn't Investigate Case, Her Signatures Were Forged
The Madras High Court recently ordered a de novo investigation into a case after the Investigation Officer informed the court that she had not investigated the case and her signature in the final report was forged. After the unusual turn of events, Justice Anand Venkatesh directed the CBCID to take over the investigation. The court added that the investigation should not be limited to...
Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justices Vibhu Bakhru and Tara Vitasta Ganju affirmed that Courts should not customarily interfere with Arbitral Awards that are well reasoned, and contain a plausible view.Judges, by nature, may incline towards using a corrective lens, however, under Section 34 of the Arbitration Act, this corrective lens is inappropriate especially under Section 37 of...
'Concealment Of Income' & 'Furnishing Inaccurate Income Particulars' Distinct Grounds For Penalty U/S 271(1)(c) Of IT Act, Can't Be Clubbed: Delhi HC
The Delhi High Court has made it clear that when the Revenue proposes to impose penalty on an assessee under Section 271(1)(c) of the Income Tax Act, 1961 for alleged 'concealment of particulars of income' or for 'furnishing inaccurate particulars of income'- it must specify which one of the two charges it seeks to press and the Revenue cannot be permitted to club both. A division bench...
Criminal Appeals Arising From Same Judgment Must Be Heard Together By Division Bench: Patna High Court
The Patna High Court recently ruled that when multiple criminal appeals arise from the same trial court judgment, one involving a sentence of more than ten years and another with a sentence of less than ten years, the appeal with the lesser sentence must also be heard by the Division Bench. “We answer the reference, thus, that in case some of the criminal appeals arising out of the same...
Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants
The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason.In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of Kerala Administrative Tribunal upholding his...
Worli Hit-n-Run Case: Bombay High Court Dismisses Plea Seeking Declaration That Arrest Was Illegal
In a setback for the accused in the infamous Worli Hit-n-Run Case, the Bombay High Court today dismissed the petitions filed by prime accused Mihir Shah and his driver Rajrishi Bindawat, both challenging their arrests on the basis that they weren't served with the "grounds of arrest" in written format, as mandated by the Supreme Court.A division bench of Justices Bharati Dangre and...
“Church Properties Being Swindled Against Tenets Of Bible” Madras High Court Orders CBI Probe Into Sale Of Church Land To Private Persons
The Madras High Court has directed the Central Bureau of Investigation to register a complaint and inquire into the sale of a church land to private persons. The land, which is originally a government land, was assigned to the church to be used for the welfare of destitute women and children. Justice KK Ramakrishnan noted that the Church of South India (CSI) had instead transferred...
Madhya Pradesh HC Permits First Round Of NEET-PG Counselling, Restricts Result Declaration Till Nov 28 Over 'Normalization Process' Issue
While ordering the State to carry out "first round of counselling" of NEET-PG counselling for MD/MS courses, the Jabalpur bench of the Madhya Pradesh High Court directed that the results shall not be declared till November 28.The direction came in a plea where the petitioners raised concerns over the non adoption of the 'normalization process' done for the second time which they said had...
Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court
The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. It was held the State Government cannot mechanically appoint him despite having criminal case pending against such employee.While dealing with a case where the Petitioner was booked under the Dowry Prohibition Act, 1961,...
Courts Must Be Vigilant To Prevent Procedural Errors That Can 'Undo' Legal Proceedings: J&K High Court
Highlighting the critical role of judicial diligence The Jammu and Kashmir and Ladakh High Court has emphasised that presiding officers of courts and tribunals must maintain unwavering vigilance in conducting legal proceedings.A bench of Justice Rahul Bharti underscored the grave consequences of procedural errors, which could potentially nullify years of legal efforts, stating, “.. there...
20 Yrs Sentence U/S 4(2) POCSO Act Can't Be Imposed When Accused Was Booked Only U/S 4: Gauhati High Court
The Gauhati High Court at Aizwal recently set aside the judgment and sentence order passed by a Trial Court under Section 4 of the POCSO Act, on the ground the charge was framed without specifying the charge to be under 4(1) or 4(2) of the POCSO Act and the Trial Court did not put any preliminary questions to the victim child, before recording her evidence.The division bench comprising...
'Apprehension' Of Criminal Force Caused By Accused's Gestures Sufficient To Constitute Assault: Jharkhand HC Upholds Conviction U/S 353 IPC
The Jharkhand High Court has ruled that the actual use of criminal force is not a condition precedent to attract the offence of assault defined under Section 351 of the IPC, which is punishable under Section 353 applicable. The Court held that the mere apprehension in the victim's mind about the potential use of criminal force, created by the accused's gestures, is sufficient to constitute...