Purchase Of Goodwill And Continuing Same Business Must For Exemption Under Govt Notification Issued U/S 15(1) Of Bombay Rent Act: High Court

The Bombay High Court has observed that a Notification issued by the State Government on 24 September 1948, exercising its powers under the proviso to Section 15(1) of the Bombay Rent Act, 1947, permits a 'transfer of business' and not a 'transfer of tenancy' for certain commercial premises. Thus, the continuation of business must involve a purchase of goodwill so that the transfer is...

Kerala HC Frowns Upon 'Restrictive Interpretation' Of PPF Scheme By Combing Parent And Child's Account To Calculate Yearly Limit On Deposit

The Kerala High Court has observed that beneficial schemes like the Public Provident Fund (PPF) encourage adults or guardians to open accounts on behalf of minors. The Court thus stated that the PPF scheme cannot be restrictively interpreted and contributions from parents and children made into separate accounts should not be calculated collectively to determine the deposit limit. In this...

Bombay High Court Sets Aside Order Denying Furlough To Prisoner For Not Doing Carpentry Work In Prison

The Bombay High Court recently quashed and set aside an order passed by the Special Police Inspector General of Prisons (East Region) which refused to permit furlough leaves to a convict on the ground that the prisoner refused to do 'carpentry' work while in jail.A division bench of Justices Vinay Joshi and Vrushali Joshi, sitting at Nagpur, quashed the order passed by the Special...

Kerala High Court Calls For Case Diary In Plea Against Minister Saji Cherian, Booked For Allegedly Making Insulting Remarks Against Constitution

The Kerala High Court yesterday directed to produce the case diary regarding the investigation conducted into the allegations that Minister for Fisheries, Culture, and Youth Affairs Saji Cherian made insulting remarks against the Indian Constitution.The Court passed the above order in a plea moved by a lawyer seeking a re-investigation by the CBI. The plea alleges that the Minister committed...

Registration Of FIR U/S 154 CrPC After BNSS Came Into Force Not A Curable Defect: Karnataka High Court

The Karnataka High Court has held that from July 1, 2024 onwards when the Bharatiya Nagarik Suraksha Sanhita (BNSS) came into force, the police registering an FIR under the repealed Criminal Procedure Code, is incorrect.A single judge bench of Justice K Natarajan, sitting at Kalaburagi bench, allowed the petition filed by Arunkumar and quashed the FIR registered against him under Section...

Accused Can Refuse To Give Blood Sample After Court Orders DNA Profiling In Rape Case: Rajasthan High Court

The Rajasthan High Court has ruled that a judicial order permitting DNA profiling of an accused in a rape case does not by itself violate the constitutional protection against self-incrimination under Article 20(3), because even after passing of such an order by the court, the choice would lie with the accused to refuse giving his blood sample.Single-judge bench of Justice Arun...

Shirdi Sai Baba Sansthan Is A Religious And Charitable Trust; Its Anonymous Donations Cannot Be Taxed: Bombay High Court

The Bombay High Court on Tuesday (October 8) held that the Shree Sai Baba Sansthan Trust, Shirdi is certainly a religious and a charitable trust and thus the 'anonymous' donations to the tune of Rs 159.12 crores, it received in the hundi (cash collection box) during the assessment years 2015 to 2019, can be exempted from income tax.A division bench of Justices Girish Kulkarni and...

Prima Facie Abused Position Of Media Advisor To Ex-Punjab CM, High Court Refuses Pre-Arrest Bail To Bharat Inder Chahal Booked In Bribery Case

The Punjab & Haryana High Court refused to grant anticipatory bail to Bharat Inder Singh Chahal, Media Advisor to former Punjab Chief Minister, accused for taking hefty bribe during his tenure in 2017-2021, and booked under the Prevention of Corruption Act.Chahal was media advisor to the then Chief Minister of Punjab Capt. Amarinder Singh, during March 2017 till September 2021. It was...

Delhi High Court Issues Notice On Plea To Allow Sonam Wangchuk, Others From Ladakh To Hold Peaceful Protest At Jantar Mantar

The Delhi High Court on Wednesday sought response of the Delhi Police on a seeking permission to allow climate activist Sonam Wangchuk and his associates from Ladakh to hold peaceful protest at Jantar Mantar for raising environmental awareness and demanding Sixth Schedule status for Ladakh.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma also sought response of...

Marriage Prospects Of Girl Damaged Due To 100% Disability After Accident: Allahabad HC Enhances Compensation By Rs. 22 Lakh After 17 Yrs

Enhancing the compensation from Rs.1,08,875 to Rs.23,69,971, the Allahabad High Court while dealing with a 17-year-old plea observed that the 100% disability of the claimant/appellant–who was a minor at the time, had substantially damaged her marriage prospects subjecting her to frustration and depression.A single judge bench of Justice Vipin Chandra Dixit while awarding Rs. 3 lakhs...

Assessee's Failure To Respond To Draft Assessment Order In Timely Manner No Grounds For AO To Exceed Limitation U/S 144C(4) Of IT Act: Delhi HC

The Delhi High Court has made it clear that an assessee's failure to timely respond to the 'draft assessment order' issued under Section 144C of the Income Tax Act, 1961 does not give leeway to the Assessing Officer (AO) to exceed the limitation period for passing the final assessment order. Section 144C prescribes special procedure whereby an 'eligible assessee' is issued...

Bollywood Actor Shilpa Shetty, Husband Raj Kundra Move Bombay High Court Against Notice For Eviction From Residence, Farm House

Bollywood actor Shilpa Shetty and her businessman husband Raj Kundra, both have moved the Bombay High Court challenging the eviction notices issued to the couple after their residential premises in Mumbai's plush Juhu area and Farm House near Pawna Lake, were provisionally attached by the Enforcement Directorate (ED) in connection to an alleged crypto assets ponzi scheme case. A division bench...