High Courts
'Deposing Capacity' Of Child Witness Not Tested Before Taking Evidence: Patna HC Nixes Man's Conviction For Sexually Assaulting Minor Girl
While allowing an appeal against an order convicting a man for sexually assaulting a 5-year-old girl in 2019, the Patna High Court said that the evidence of the child who witnessed the alleged incident and supported the prosecution's case was not reliable as Trial Court had not tested the child's "capacity to depose" prior to his deposition. The high court further said that the prosecution...
Bombay High Court Asks Centre To File Affidavit On Whether It Has Taken Any Decision To Ban Plastic Flowers
The Bombay High Court has asked the Union of India to file an affidavit on whether it considered the recommendations made by the Central Pollution Control Board (CPCB) for the inclusion of plastic flowers in the list of banned single-use plastics.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Amit Borkar was hearing a petition filed by the Association of Natural...
Having Sexual Intercourse, Being Naked In Front Of Minor Amounts To Sexual Harassment U/S 11 Of POCSO Act: Kerala High Court
The Kerala High Court has stated that having sexual intercourse, after getting naked, in front of a minor child would amount to sexual harassment of a child defined under Section 11, and punishable under Section 12 of the POCSO Act.Justice A. Badharudeen stated that exhibiting any part of the body with the intention that it would be seen by a child would amount to sexual harassment. “To be...
Deduction U/S 80-IA Is Eligible For Industrial Undertakings Even If Infrastructural Development Is Performed With State's Nodal Agency: Calcutta HC
The Calcutta High Court recently confirmed the deduction u/s 80IA(4) to an Infrastructural development company, regarding development of a mechanised port handling system by entering into an agreement with a nodal agency recognised by the Andhra Government. The Division Bench comprising Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya observed that deduction u/s...
Calcutta High Court Calls For State's Report On Fatal Coal Mine Blast In Birbhum District
The Calcutta High Court vacation bench has called for a report from the state government on the blast at a coal mine in Birbhum district, leaving several coal miners dead, and injuring others.A division bench of Justices Tirthankar Ghosh and Uday Kumar directed the state to furnish a report on the explosives used in the blast, the progress of the investigation, as well as the forensic report,...
Karnataka HC Issues Guidelines To Trial Court For Release Of Property Like Mobile Phones, Laptops Seized During Criminal Case Investigation
The Karnataka High court has issued model guidelines to be followed by the trial courts while dealing with release of the seized properties either under Section 451 and 457 Cr.P.C., or under Section 497 of BNSS, till the State Government issues directions in this regard.A single judge bench of Justice V Srishananda in its order said, “State Government is required to frame necessary rules...
Karnataka High Court Seeks ASI's Response On Plea To Declare Allama Prabhu Swamy Temple As Protected Monument
The Karnataka High Court on Monday (October 14) sought the Archaeological Survey of India's stand in a public interest litigation (PIL) plea seeking directions for declaring the Allama Prabhu Swamy Temple situated at Hidkal dam backwaters in Belagavi district as a protected monument claiming that it is over 100 years old. The PIL petition, moved by law student Nikhil Patil, further seeks that...
Delhi High Court Allows Extension Of Arbitrator's Mandate Despite Post-Expiry Filing U/S 29A Of Arbitration Act
The Delhi High Court Bench of Justice Prateek Jalan has held that a petition filed under Section 29A of the Act is maintainable even if it is filed after the expiry of the arbitrator's mandate. Further, the court observed that this question is still pending before the Supreme Court due to a conflict of decisions of different High Courts, the view taken by Delhi High Court has...
Taxpayer Can't Be Denied ITC For Merely Filing GST Form Manually If Functionality Issues Are Attributable To Dept: Bombay High Court
Recently, an issue cropped up, where it was emphasized that technicalities created by the Department and not the taxpayer, should not be put forth by the department to defeat the statutory rights and entitlement of the taxpayers.The Bombay High Court ruled that concerned Revenue officials (Respondent) cannot deny the benefits of accrued ITC (input tax credit) to the assessee (Petitioner)...
HC Takes Suo Moto Cognizance Of Report On Proposed Cutting Of 1.19 Lakh Trees Near Kuno National Park, Reiterates Fundamental Right To Clean Environment
The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman at the Rajasthan High Court, on October 9, 2024, took suo moto cognizance of a report published by the daily newspapers Dainik Bhasker and Rajasthan Patrika reporting a proposal of cutting down 1.19 lakh trees near the Kuno National Park for establishing a pumped storage project the Baran district.Based on...
Personal Information Of Employees Like Service Records, Copies Of Promotion & Financial Benefits Can't Be Disclosed Under RTI Act: Delhi High Court
A single judge bench of the Delhi High Court comprising of Justice Sanjeev Narula, while deciding writ petition held that the personal information of employees like service records, copies of promotion & financial benefits can't be disclosed under the RTI Act. Background Facts On April 19, 2017, respondent No. 3 submitted an RTI application. It was sent to the Public...
S. 119(2)(b) Income Tax Act | Gujarat HC Directs Commissioner To Avoid Pedantic Approach, Condone One Year Delay In Filing Return
The Gujarat High Court recently allowed the petition preferred by a woman seeking to condone over one year delay in filing of her income tax return for an assessment year. A division bench of Justices Bhargav D. Karia and Mauna M. Bhatt also criticized the “pedantic approach” in deciding Petitioner's application under section 119(2)(b) of the Income Tax Act,...