Bombay High Court Grants Bail To Man Booked For Impregnating 14-Yr-Old Fiancé, Says Their Marriage Was Fixed With 'Good Intent'

Observing that 'poverty is the biggest issue in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man booked for raping his minor fiancé on the ground that they were to soon marry since their families had decided to get them married.Single-judge Justice Sanjay Mehare noted that the present case was a 'genuine' one as it touched the 'societal structure' of...

Scrutiny Notice Was Issued In Amalgamating Company's Name Despite Dept Knowing Of Amalgamation: Calcutta HC Declines To Apply S.292B Of Income Tax Act

The Calcutta High Court has refused to apply Section 292B of the Income Tax Act, 1961 to a scrutiny notice issued in an amalgamating company's name, despite the Assessing Officer being aware about the company's amalgamation. Section 292-B provides that no notice or assessment or any proceedings can be deemed to be invalid merely for the reason of any mistake, defect or omission in...

Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court

The Kerala High Court held that the Magistrate Court does not lose its jurisdiction to try criminal cases merely because the State Government has notified Children's Courts for the speedy trial of offences against children. However, the Court stated that it is proper that the offences be tried by the Children's Court.The state government issued a notification in 2009 made under Section 25 of...

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law.Clarifying the mandate and obligation of the High Court as...

Factual Examination Of Dispute Regarding 'Addition' Of Unexplained Cash Credit U/S 68 Of IT Act Is Beyond Scope Of Appeal U/S 260A: Calcutta HC

The Calcutta High Court has held that it cannot indulge in factual examination of the material produced or not produced by an assessee-company to explain the share capital and premium received by it, in an appeal filed under Section 260A of the Income Tax Act. A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya thus refused to interfere with an...

Retention Allowance Forms Part Of Basic Wages For EPF Contributions: Bombay HC

Bombay High Court (Nagpur Bench): A Single Judge Bench of Justice Anil L. Pansare held that retention allowances paid to seasonal workers must be included in basic wages for PF contributions under the EPF Act, 1952. The court dismissed Maharashtra State Cooperative Cotton Growers' Marketing Federation Ltd.'s petition challenging provident fund contribution demands on retention...

Madhya Pradesh High Court Monthly Digest: October 2024

Citations: 2024 LiveLaw (MP) 228 to 2024 LiveLaw (MP) 281Nominal IndexRohan Naik And Others Versus The State Of Madhya Pradesh 2024 LiveLaw (MP) 228Smt. Sunita Jatav Versus The State Of Madhya Pradesh And Others 2024 LiveLaw (MP) 229Deepak Kumar Jain And Others Versus The State Of Madhya Pradesh And Others 2024 LiveLaw (MP) 230Juvenile X Vs The State Of Madhya Pradesh 2024 LiveLaw...

Lok Adalat Has Power To Pass Compromise Award, Cannot Adjudicate In Absence Of Settlement: Telangana High Court

While quashing an order of a Mandal Legal Services Committee (MLSC) after noting that it was not a compromise/settlement award but in the nature of an execution petition pertaining to a property dispute suit, Telangana High Court said that the committee had exceeded its jurisdiction. In doing so the high court reiterated that Lok Adalats, including the MLSC, are meant solely for conciliation...

Disqualified MLA Irfan Solanki Arson Case | Prosecution's Evidence Found Reliable In Trial: Allahabad HC Denies Stay On Conviction

Refusing to stay the conviction of Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson, the Allahabad High Court observed that the 'wider' opinion is that persons charged with crimes ought to be disqualified from contesting elections to public offices. The Court also observed that it has often been seen that a large number of persons...

Serious Irregularities: Kerala HC Quashes Order Directing Magistrate To Decide On Probe Into Rape Allegations Against Ponnani Police Officers

While hearing a case where a woman had alleged that she was raped by police officials in Ponnani with the police allegedly refusing to register an FIR, the Kerala High Court set aside the judgment of the Single Judge which had directed the Magistrate to pass order regarding investigation, after noting that it suffered from "serious procedural irregularity". Observing the failure on the part...

Bombay High Court Objects To Trial Court Quoting 'Mahabharata' To Hand Over Death Sentence To Parents, Son; Commutes Penalty To Life Term

The Bombay High Court at Nagpur on Wednesday (November 13) while commuting the death sentence of two men and a woman to life term, objected to the reasoning of the Trial Court, especially for quoting Mahabharata verses.The High Court was dealing with an appeal filed by a family (parents and son) convicted for killing four members of the maternal family over a land dispute.A division bench...

Service Of Notice Presumed Effective Upon Expected Delivery Time Unless Proven Otherwise: Patna High Court

The Patna High Court has affirmed that service of notice is presumed to be effective upon the letter's expected delivery time in the ordinary course of business, unless the addressee can prove otherwise.Justice Sunil Dutta Mishra, while presiding, reiterated, “Section 114 of the Evidence Act, 1872 enables the Court to presume that in the common course of natural events, the communication...