High Courts
What Legal Protections Should Be Granted To 'Blacklisted' OCI Cardholders Allegedly Involved In Anti-National Activities? Delhi HC Answers
The Delhi High Court has explained the legal protections afforded to Overseas Citizens of India (OCI) cardholders against whom backlisting orders are issued in circumstances involving allegations of anti-national activities against them.Justice Sanjeev Narula observed that since provisions of both Citizenship Act and Foreigners Act apply to OCI cardholders, a harmonious construction is...
'Last Seen Theory' Not Independently Sufficient To Convict For Murder: Gauhati HC Acquits Man Allegedly Last Seen By Witnesses With Deceased
The Gauhati High Court on Tuesday (November 13) acquitted a man convicted of murder on the ground of "last seen theory", while holding that theory does not apply in the present case and is also not independently sufficient to sustain conviction.It also said that without there being other supporting materials of credence, extra-judicial confession also cannot be the basis of a...
Kerala High Court Lifts Stay On Lakshadweep Tourism Dept's 'Tent City' But Constructions Subject To Verdict In Property Dispute
The Kerala High Court has removed stay on further construction in connection with the development of Tent City in Thinnakkara and Bangaram islands of Lakshadweep. A Single-Bench Judge had earlier, while dealing with challenge to assignment of the concerned properties to the Tourism Department, stopped the construction by ordering to maintain status quo.The Division Bench of Justice Anil...
Probes Pending For Years: Allahabad HC Questions UP Police's Economic Offences Wing Over Slackness, Seeks DG's Affidavit
In a stern rebuke to the Uttar Pradesh Police's Economic Offences Wing (EOW), the Allahabad High Court last week expressed its concerns over the prolonged delay in investigating several cases being handled by the EOW. A bench of Justice Samit Gopal criticised the EOW for its apparent "slackness" in handling critical economic offences, as it noted that in matters being investigated by...
Culprit Behind Theft And Fire At Judicial Officer's House Not Brought To Books Yet, Punjab & Haryana High Court Orders Speedy Investigation
The Punjab and Haryana High Court has sought speedy investigation in a case pertaining to theft and fire at the residence of Judicial Magistrate posted in Ambala, which took place on October 04.Chief Justice Sheel Nagu and Justice Anil Kshetarpal was hearing a suo moto case initiated after the incident.The Court had earlier sought an extensive report from DGP, Haryana. In pursuance to the same,...
Station Master's Heated Exchange With Wife Sends Train To Maoist-Affected Region: Chhattisgarh High Court Grants Divorce For Cruelty
The Chhattisgarh High Court has recently granted divorce to a station master-husband against his wife on the ground of 'cruelty' as the latter not only raised severe allegations on the character of the former but also her casual approach towards her on-duty husband led a goods train to a prohibited maoist-affected region.Setting aside the order of the Family Court, which denied divorce to...
Deciding Case On Merit After Rejecting Plea As Non-Maintainable Is "Material Impropriety": Punjab & Haryana High Court
The Punjab & Haryana High Court has said that deciding the case on merit after rejecting the plea on maintainability is "gross material impropriety."The development came while hearing the petition challenging AFT's decision whereby it rejected the plea on maintainability. The High Court while holding that the plea was maintainable, remanded the case back to AFT for fresh decision...
Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that an order passed under Section 148A(d) of the Income Tax Act 1961 is not an appealable order, therefore, the only remedy with an aggrieved party is to invoke writ jurisdiction of the High Court. Proceedings under Section 148A are initiated when Income Tax officers suspect that a taxpayer may have concealed income during...
Hearing & Speech Impaired Woman Moves Kerala High Court Invoking S.7 Of Disabilities Act For Protection Against Abuse By Miscreant
A plea has been moved before the Kerala High Court by a differently abled woman seeking direction from the Court for police protection against the threat of abuse by relying upon Section 7 of the Rights Of Persons With Disabilities Act of 2016.Section 7 states that all measures have to be taken to provide protection to persons with disabilities and to prevent them from all forms of...
When Is Action For Imposition Of Penalty 'Initiated' U/S 271C Of Income Tax Act For Failure To Deduct Tax At Source: Delhi HC Explains
The Delhi High Court recently explained when an action for imposition of penalty under Section 271C of the Income Tax Act, 1961 can be said to have been “initiated”. Section 217 states that if any person fails to deduct the whole or any part of the tax at source (TDS), he shall be liable to pay a penalty equal to the amount of the tax which he failed to deduct as aforesaid. The...
Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy
The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge.A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order.On this occasion, when the appeal came...
Allahabad High Court Cautions Bar Members Against Actions That Could Tarnish Judges' Image In The Eyes Of Public
The Allahabad High Court recently observed that members of the Bar should be more responsible when their actions may malign or, to some extent, question a judge's image in the eyes of the public at large. The Court added that the advocates should not act in a manner which gives the public an occasion to say that HIGH COURT JUDGES ARE NOW DECIDING CASES WHICH THEY WERE PURSUING FOR...