High Courts
Wife's Belated Criminal Allegations Can't Outweigh Husband's Consistent Evidence Of Cruelty: Delhi High Court
The Delhi High Court has observed that a wife's belated criminal allegations cannot detract from or outweigh the husband's consistent evidence of sustained cruelty meted out to him.A division bench comprising Justice Anil Kshetarpal and Justice Renu Bhatnagar set aside a family court order dismissing the husband's petition for dissolution of marriage on the ground of cruelty by wife. It was...
GST Authorities Cannot Assume Jurisdiction For Passing Adverse Orders For Work Concluded Under VAT Regime: Allahabad High Court
The Allahabad High Court has held that GST Authorities cannot claim jurisdiction for levying tax, penalty, and interest on work that was concluded prior to the implementation of the GST Act. Notices were issued to the petitioner, a work contractor, for the Financial Year 2018-19 under the GST Act. The petitioner was unable to reply to the notices in time. Consequently, an ex-parte...
Bombay High Court Grants Fresh Relief To Nova Cream, Orders Rival To Cease Using Disputed Packaging
The Bombay High Court has pulled up RV Pharmaceuticals, manufacturers of Moon cosmetics, for allegedly violating injunctions that had stopped it from using packaging said to imitate the dark green and black trade dress of the Nova cosmetic brand, granting fresh ad-interim relief to ensure the company does not continue using the disputed packaging.Justice Arif S Doctor passed the order on...
Police Superintendent Not Liable For IO's Negligence In Not Filing Chargesheet/ Closure Report In Time: Madras High Court
The Madras High Court recently observed that the Superintendent of Police could not be held responsible for the negligence shown by investigating officers in not filing final reports or closure reports before the court on time. The bench of Justice N Sathish Kumar and Justice M Jothiraman held that though the Superintendent of Police had the responsibility to monitor the investigation,...
GST Department To Re-Inspect Changed Place Of Business Before GST Registration Cancellation: Delhi High Court
The Delhi High Court, in a matter concerning retrospective cancellation of registration despite having amended place of business, directed “The GST Department may re-inspect the new premises of the Petitioner and obtain a physical inspection report.” The Division Bench, comprising Justice Prathiba M. Singh and Justice Shail Jain stated that the officials of the GST Department...
CGST Act | Bombay High Court Stays GST Demand Order Over Delayed Service Of Showcause Notice
The Bombay High Court granted ad-interim relief to the assessee by staying the operation of a GST Demand Order The Bench of Justice B.P. Colabawalla & Amit S. Jamsandekar was hearing a writ preferred by the assessee seeking to quash the GST demand order challenging the Show Case Notice to be time barred per Section 73(2) and 73(10) of the Central Goods and Services Tax (CGST)...
'Identification In Court Highly Suspect': HP High Court Discharges Two Accused In 2006 Liquor Seizure Case
The Himachal Pradesh High Court has held that lapse in establishing the identity of the accused creates a serious discrepancy in criminal cases, especially in the absence of any independent witness to confirm such identification. Justice Rakesh Kainthla observed that:“It was specifically asserted in the rukka that the drivers of the vans ran away from the spot by taking advantage...
Delhi High Court Allows 'Nourish You' To Use Its Registered Name, Sets Aside Injunction
The Delhi High Court has recently overturned a Commercial Court order that had temporarily barred superfoods maker Nutrivative Foods Pvt. Ltd. from using its “Nourish You” mark, holding that the injunction violated the statutory protections granted to a registered trademark owner under the Trade Marks Act. A Division Bench of Justice C Hari Shankar and Justice Om Prakash Shukla, on...
HC Cannot Grant Interim Bail To Convicts Under Article 226 When Request For Premature Release Is Pending Before Govt: Madras High Court
The Madras High Court recently held that the high courts could not exercise their power under Article 226 of the Constitution to grant interim bail to a convict while their request for premature release was pending consideration before the appropriate government. The bench of Justice N Sathish Kumar and Justice M Jothiraman held that once the sentencing part is over, the convict is...
Amount Deposited Under Protest During Customs Probe Can Be Adjusted Towards Pre-Deposit In Appeal: Delhi High Court
The Delhi High Court has held that an amount deposited with the Customs under protest, during investigation by the Department, can be adjusted towards pre-deposit to be made when filing appeal against its order.For context, Section 129E of the Customs Act, 1962 requires deposit of 7.5% of the amounts which are in dispute, when filing an appeal before Commissioner (Appeals) or CESTAT.In the...
Highway Authority Can't Re-Evaluate Site Suitability After Granting Provisional Permission For Petrol Pump: Kerala High Court
The Kerala High Court has held that the Highway Administration cannot reconsider compliance with Guidelines issued by the Ministry of Road Transport and Highways (MoRTH) at the stage of final access permission, when a valid Provisional Permission for establishment of Petroleum Retail Outlet has been issued earlier under Section 28 of the Control of National Highways (Land and Traffic)...
Married Sister Can Be Dependent For Claiming Motor Accident Compensation: Karnataka High Court
The Karnataka High Court recently said that in Indian social context, it is not uncommon for daughters and sisters, even after marriage, to maintain a close relationship with their parental family. The earning member of the family often contributes towards their welfare and social needs, it added. "Therefore, their right to claim compensation cannot be denied merely on the ground of their...