High Courts
TDS Deposited In Wrong PAN By Employer: Gauhati HC Denies Interest U/S 244A Of IT Act, Says It Applies Only When Refund Is Delayed By Dept
The Gauhati High Court has made it clear that interest on refund under Section 244A of the Income Tax Act, 1961 applies only to those cases where refund is delayed by the Income Tax Department. Justice Devashis Baruah thus declined interest to a construction contractor, whose TDS was deposited in the wrong PAN number by the Defence Ministry's Border Roads Organisation. The bench...
Over Speed & High Speed Are Relative Terms, Driving At High Speed By Itself Doesn't Mean Accused Was Rash Or Negligent: Kerala High Court
The Kerala High Court upheld the conviction imposed upon an accused under Section 304 Part II of the IPC for causing the death of a motor bike rider by driving his car on the wrong side of the road after consuming alcohol beyond the permissible limit.Section 304 defines culpable homicide not amounting to murder. A person is convicted under Section 304 Part II of the IPC when he does an act...
Father Legally Bound To Maintain Daughters, Provide 'Excellent Education' Even If They Live With Mother After Divorce: Karnataka High Court
While dismissing a man's plea challenging an order to maintain his daughters including a minor, the Karnataka High Court underscored that the father is "legally bound to maintain the daughters" and provide them with an "excellent education"even if they are living separately with his ex-wife.A single judge bench of Justice Ashok S Kinagi held thus while dismissing a petition filed by one B...
Kerala High Court Calls For Long-Term Action Plan To Prevent Child Marriage Prevalent In Certain Communities Of Wayanad
The Kerala High Court has directed the District Legal Services Authority (DLSA), Wayanad to chalk out a long-term plan to increase awareness about negative aspects of child marriage and dissuading people from it. The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu passed this order in a Suo Motu proceedings initiated by the Court in 2016 on a report by the DLSA Chairman...
1984 Anti-Sikh Riots: Congress Leader Jagdish Tytler Moves Delhi High Court To Stay Trial In Murder Case
Congress leader Jagdish Tytler on Monday (November 11) approached the Delhi High Court seeking stay on the trial court proceedings against him in a case relation to the killing of three individuals during the 1984 anti-Sikh riots.Tytler has sought stay on trial court proceedings till the pendency of his petition before High Court challenging the framing of murder charges against him. A...
GST | Assessee Entitled To Fresh Notice If Initial Notice U/S 73 Was Missed Due To Being Uploaded Under 'Additional Notices' Tab: Allahabad HC
The Allahabad High Court has held that an assessee is entitled to fresh notices demanding unpaid tax or short tax under Section 73 of the Goods and Service Tax Act, 2017, if the initial notices were not duly communicated to the assessee. A division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar relied on Ola Fleet Technologies Pvt. Ltd. v. State of UP (2024)...
ANI Defamation Suit: Delhi HC Closes Wikipedia's Appeal Following Consent Order, Allows It To Serve Summons To Users Who 'Edited' ANI Page
The Delhi High Court on Monday (November 11) closed an appeal filed by Wikimedia Foundation, which hosts Wikipedia platform, against a single judge bench's order directing it to disclose subscriber details of three individuals who edited Asian News International (ANI) Wikipedia page.This was after both the parties entered into a consent order and resolved the matter.A division bench...
Bombay High Court Grants Bail To Jet Airways Founder Naresh Goyal On Medical Grounds
The Bombay High Court has made Jet Airways founder Naresh Goyal's interim bail absolute in relation to a money laundering case.A single-judge bench of Justice Nijamoodin Jamadar, who had earlier granted interim bail to Goyal made it absolute. On 6 May, the Court granted Goyal interim bail for two months citing his health. On 31 July, the Court extended the interim bail by two months. Goyal...
State Election Commission Cannot Cancel Pending Election, Any Irregularity Can Be Decided Only By Tribunal: Punjab & Haryana High Court
The Punjab & Haryana High Court has said the State Election Commission cannot cancel pending elections and any irregularities alleged during the progress of the election process can be adjudicated only by the Tribunal.The observation was made while quashing the order passed by Punjab Election Commission to cancel Panchayat Election for village Chak Haraj of Punjab's Ferozepur...
NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court
The Madras High Court recently held that the High Court was not empowered to condone the delay in filing an appeal under the National Investigating Agency Act 2008 beyond the permissible limit. As per Section 21 of the Act, an appeal has to be made within 30 days of the date of the order or judgment. The Section allows the High Courts to entertain an appeal even after expiry of 30 days...
DUSU Elections: Delhi High Court Allows Counting Of Votes On Or Before Nov 26 Provided All Defacement Is Cleaned Up By Candidates
The Delhi High Court on Monday directed the Delhi University to undertake the process of counting of votes for Delhi University Students' Union (DUSU) elections on or before November 26, provided all the sites which were defaced by the contesting candidates are cleaned up and repainted within a week.A division bench comprising of Chief Justice Manmohan and Justice Tushar Rao Gedela said that...
High Court Issues Notice On Plea Seeking CBI Probe Into Death Of Protestor Allegedly Shot By Haryana Police During Farmers' Protest
The Punjab and Haryana High Court last week sought the stand of the Haryana and Punjab Governments in a plea seeking a CBI probe into the death of a protestor who was allegedly shot by Haryana Police during Farmers' Protest at the Khanauri border.The deceased Shubhkaran Singh lost his life on February 21 while protesting, inter-alia, for the demand of a law guaranteeing Minimum Support...