High Courts
Wife Not Reporting About Missing Of Husband & Staying With Paramour Not Criminal Conspiracy U/S 120-B IPC: Orissa High Court
The Orissa High Court on Thursday held that a wife not reporting the police about missing status of husband, not trying to trace him out and living passively with another man will not amount to criminal conspiracy.While acquitting the appellant-wife of the charge of criminal conspiracy, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash observed –“…it is...
'Clogging Over-Burdened Docket Of Court': Punjab & Haryana HC On Plea To Recall Order Allowing Centre To Act Against IIM Rohtak Director
The Punjab and Haryana High Court has dubbed as "frivolous" the application to recall its order paving way for Central government to take action against IIM Rohtak's Director Dheeraj Sharma for allegedly concealing that he is not qualified for the post.The High Court had lifted a bar on the Union Government to take action against Sharma, accused of concealing that he did not have a...
Laser Printing On Mineral Water Bottle Legible: Kerala HC Quashes Case Against Kinley Booked For Illegible Packaging Details
Quashing a case against Hindustan Coca Cola Company under the Legal Metrology (Packaged Commodities) Rules concerning alleged illegible declaration about the packaging details of mineral water sold at a movie theatre, the Kerala High Court observed that it could not be said that the details in the form of laser printing were illegible or not prominent. After perusing through the seized...
Sites Intended To Function As Bus Or Taxi Stands Must Be Officially Notified By Govt After Consulting Local Authorities: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reiterated that any site intended to function as a bus or taxi stand must be officially notified by the government or an authorized officer, who is required to consult local authorities beforehand.A Division bench of Justices Sanjeev Kumar and Rajesh Sekhri underscored that if the proposed stand falls within the jurisdiction of a local body, such...
J&K CSR | Absence From Duty Regardless Of Duration Does Not Mean Automatic Job Termination, Right To Hearing Is Essential: High Court
The High Court of Jammu and Kashmir and Ladakh has underscored the right to a hearing for employees who are absent from duty, ruling that absence, irrespective of duration, does not automatically end employment.A bench of Justices Sanjeev Kumar and Rajesh Sekhri cited Regulation 113 of J&K Civil Service Regulation (CSR) and observed, “Absence from duty, howsoever long, cannot result...
Refund Rejection Order Passed Without Hearing Opportunity Violates Rule 92(3) Of CGST Rules, Principles Of Natural Justice: Bombay High Court
The Bombay High Court stated that refund rejection order passed without hearing opportunity violates rule 92(3) of CGST Rules, 2017 and principles of natural justice. The Bench of Justices M. S. Sonak and Jitendra Jain observed that “……in any event, proviso to Rule 92(3) of the CGST Rules, 2017, contemplates reasonable opportunity to be heard, implying that such hearing should...
Transport Rules Places Onus On Transporter To Pay For Excise Escort When Moving Alcohol Through The State: Gujarat High Court
The Gujarat High Court recently observed that the state transport rules places the onus not on the consignor or consingnee but on the transporter to apply for and pay fee for an excise escort when moving alcohol through the State.Notably Rule 10 Gujarat Through Transport Rules requires that an excise escort be arranged by the transporter and that they submit an application with the relevant...
Single Transaction Of Assignment Of Debt Not 'Commercial Dispute': Bombay HC Imposes Cost Of ₹5 Lakh On Plea For Return Of Plaint In Summary Suit
The Bombay High Court has observed that a dispute arising out of a singular transaction of assignment of debt cannot be considered a 'commercial dispute' under Section 2(1)(c) of the Commercial Courts Act, 2015.Varanium Cloud Ltd (applicant/defendant) filed an interim application for return of plaint on the ground that the suit was incorrectly instituted by Rolta Private Ltd (plaintiff) as...
Karnataka High Court Grants Bail To 99 Convicts In Marakumbi Atrocity Case, Admits Their Appeal Against Conviction
The Karnataka High Court on Wednesday granted bail to 99 convicts in a decade old case of atrocity against members of the Scheduled Caste community at Marakumbi village.A division bench of Justice Sreenivas Harish Kumar and Justice T G Shivashankare Gowda sitting at Dharwad also admitted their appeals challenging the conviction. It also suspended the sentence imposed upon them. The court...
Tendering Apology As A Matter Of Course To Escape Consequences Of Hate Speech Cannot Be Entertained: Madras High Court
While dismissing the anticipatory bail petition filed by South Indian actress Kasthuri for allegedly making controversial remarks against the Telugu community in Tamil Nadu, the Madras High Court observed that the courts could not entertain apology tendered as a matter of course after making derogatory and scurrilous statements bordering hate speech."A strong message must be sent by the...
Initiation Of Prosecution U/S 51 Of Black Money Act Not Dependent On Completion Of Assessment Proceedings U/S 10 For Tax Evasion: Delhi HC
The Delhi High Court has held that initiation of prosecution under Section 51 of the Black Money (Undisclosed Foreign Income and Assets and Imposition of Tax) Act, 2015 is not dependent on completion of assessment proceedings initiated against an accused under Section 10 to determine tax evasion. The Black Money Act, 2015 is designed to address "undisclosed assets located outside...
Delhi High Court Rejects Inderpal Gaba's Challenge To NIA Arrest & Remand Over Protest At Indian High Commission In London
The Delhi High Court has rejected the plea to Inder Pal Singh Gaba, allegedly involved in the protest at the High Commission of India, London, United Kingdom, challenging his arrest by the National Investigation Agency (NIA) and seeking his release from custody.Gaba was charged under Section 13 of UAPA (punishment for unlawful activities), Section 3(1) of the Prevention of Damage to...