High Courts
'Right Or Wrong, Court Order Must Be Obeyed': AP High Court Holds Transport Officials Guilty Of Contempt For Not Releasing Seized Vehicle
The Andhra Pradesh High Court has reiterated that rightness or wrongness of an order cannot be gone into in contempt proceedings. The court further held that if the impugned order is contrary to law, then the contemnor is at liberty to challenge the order by way of a review or appeal.“Rightness or wrongness of the order cannot be urged in contempt proceedings. Right or wrong the order has to...
Long-Pending GST Refund Appeals Hurt Businesses: Delhi High Court To Appellate Body
The Delhi High Court has observed that long pendency of GST appeals seeking tax refund can hurt financial front of businesses.A division bench of Justices Prathiba M. Singh and Shail Jain made the observation while dealing the plea of a foreign education consultancy company, whose appeals for tax refund have been pending since four long years.The High Court had recently held that...
Refund On Zero-Rated Supplies Cannot Be Denied Based On Deemed Export Circular: Gujarat High Court Sets Aside Recovery Orders
The Gujarat High Court has recently held that the Petitioners—100% EOUs exporting goods without payment of tax—were entitled to refund of unutilised ITC under Section 54(3) read with Rule 89(4), and that their exports did not fall within the category of “deemed exports.”The Court ruled that Circular No. 172/04/2022-GST and Rule 89(4A) were inapplicable, quashed the withdrawal and...
Apple Moves Delhi High Court Against CCI's 'Global Turnover' Penalty Rule; Claims Exposure To $38 Billion Penalty
Apple INC has moved the Delhi High Court challenging the amendment to the Competition Act, 2002, allowing the Competition Commission of India (CCI) to impose penalties based on a company's global turnover.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela will be hearing the matter on December 03. Apple has challenged the 2023 amendment to...
'External Rubbing' Does Not Constitute Penetrative Sexual Assault Under POCSO Act: Patna High Court
The Patna High Court has recently clarified that “external rubbing” does not fall within the statutory definition of penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012 (“POCSO”). The Court further held that in cases where medical evidence negates the possibility of penetration, a conviction cannot rest solely on the uncorroborated testimony of...
Convict's Refusal To File Appeal Through Legal Aid Must Be Obtained In Writing: Orissa High Court
In order to ensure that no deserving/indigent convicted-prisoner is deprived of availing free legal aid to file appeal against conviction, the Orissa High Court has given an important directive to the District Legal Services Authorities (DLSAs) across the State to obtain his/her (convict's) refusal to grant consent to file Jail Criminal Appeal (JCRLA) in writing.A Division Bench of Justice...
Right To Maintenance Under Muslim Women Protection Act Not Defeated By Wife's Remarriage During Trial: Kerala High Court
The Kerala High Court has held that the prolonged pendency of a petition filed under Section 3(1) of the Muslim Women (Protection of Rights on Divorce) Act, 1986 cannot deprive a woman of the benefits that accrued to her on the date of divorce, even if she remarried during the proceedings.Dr. Justice Kauser Edappagath delivered the judgment while dismissing a revision petition and an...
Gujarat High Court Issues Notice On State's Plea To Cancel Journalist Mahesh Langa's Anticipatory Bail In Cheating FIR
The Gujarat High Court on Thursday (November 27) issued notice to journalist Mahesh Langa, in State's plea seeking cancellation of anticipatory bail granted to him by trial court in a cheating case last year. Justice Utkarsh Thakorbhai Desai said, "Admit, issue notice". The State has challenged a November 25 order passed in 2024, which had granted the journalist bail in a cheating FIR...
Allowing Filing Of Additional Documents Without Reasonable Cause In Trial Defeats Speedy Disposal Of Commercial Suits: Telangana High Court
The Telangana High Court has reiterated that permitting a party to bring on record additional documents at the trial stage without a reasonable cause would defeat purpose of Commercial Courts Act 2015 which aims at speedy disposal of commercial suits. It further said that a court cannot permit documents to belatedly brought on the court's record on the sole ground that the documents have...
S.128A Customs Act | Six-Month Timeline To Decide Appeals Not Mandatory, But Must Apply Where Possible: Delhi High Court
The Delhi High Court has held that though Section 128A(4A) of the Customs Act, 1962 prescribes that appeals “shall” be decided within six months, the timeline is applicable only where it is possible to do so.Perusing the language in which the provision is couched, a division bench of Justices Prathiba M. Singh and Shail Jain observed,“...it uses the word 'shall'. However, the provision...
Kerala High Court Questions Catholic Congress' Locus To Appeal Against Haal Movie, Verdict Reserved
The Kerala High Court on Thursday (November 27) reserved its verdict in an appeal preferred by the Catholic Congress against a Single Judge's direction to CBFC to reconsider A-certification granted to 'Haal' film, without deleting some scenes depicting the Bishop.The Christian outfit argues that the film depicts the Bishop of Thamarassery as a supporter of inter-faith marriages, when his...
Trials Are Quest For Truth, Filing False Documents Is Fraud On Court: Rajasthan High Court Upholds Enquiry Into Sale Deed
Observing that every trial is meant to discover the truth and filing false documents amounts to fraud on the court, the Rajasthan High Court upheld an order directing enquiry into the genuineness of an allegedly forged sale deed.The court at the outset noted, “Truth is the foundation of justice…The entire judicial system has been created only to discover and establish the real...