High Courts
Only Officers Of Integrity Should Serve At Sabarimala: Kerala High Court Flags Pending Crime, Departmental Action Against Recent Appointee
The Kerala High Court recently highlighted the need to appoint officers of integrity and good service record for duty in the control rooms at Sannidhanam in Sabarimala.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar flagged the crime and departmental proceedings pending against the recently appointed Police Controller, Sri. Krishnakumar R.The...
Order Dismissing Plea For Want Of Prosecution Not Directly Appealable; Correct Remedy Is To Seek Restoration Under CPC: MP High Court
The Madhya Pradesh High Court has reiterated that an order dismissing an application for want of prosecution is not directly appealable and that the correct remedy would be to seek restoration of the application under Order IX Rule 4 read with Section 151 of CPC. For context, Order IX Rule 4 empowers a plaintiff, whose suit has been dismissed for default, to either file a fresh suit or apply...
Rowdy Sheet Not Sustainable Where Alleged Crimes Don't Disturb Public Peace & Tranquility: AP High Court
The Andhra Pradesh High Court has reiterated that a rowdy sheet cannot be opened mechanically and the Police has to examine, with due care, whether the crime registered against an accused comes within the purview of disturbing peace and tranquility.A Single Judge Bench of Dr. Justice Vankata Jyothirmai Pratapa explained,“…rowdy sheet cannot be opened mechanically and not in a casual...
Sports Ministry Can't Act As 'Rubber Stamp' To Grant NSF Recognition To Any Entity Handpicked By International Federation: Delhi High Court
The Delhi High Court has observed that the Union Sports Ministry cannot act as a mere “rubber stamp” to grant recognition of National Sports Federation (NSF) to any entity or body “handpicked” by an International Federation. “Clearly, recognition of an NSF cannot be at the dictates/whims/directives of any International Federation. The MYAS is not expected to act as a mere 'rubber...
Customs Brokers Creating Fake Firms Jeopardise Real Exporters: Delhi High Court Forfeits ₹2 Lakh Over Alleged Duty Drawback Fraud
The Delhi High Court has ordered forfeiture of ₹2,00,000/- out of the ₹5 lakh security deposit made by a Customs Broker at the time of obtaining license, citing allegations of duty drawback fraud against it.A division bench of Justices Prathiba M. Singh and Shail Jain were dealing with an appeal preferred by the Commissioner of Customs against a CESTAT order, restoring the...
DigiPub Moves Karnataka High Court Against Rejection Of X Corp's Challenge To Centre's Content Blocking Powers Through Sahyog Portal
DigiPub News India Foundation and journalist Abhinandan Sekhri have approached the Karnataka High Court in appeal, challenging a single judge order which rejected US-based microblogging platform X Corp's (formerly Twitter) challenge to Centre's content blocking power through Sahyog Portal.DigiPub is a representative collective of digital media news and states that its members rely on...
Kerala High Court Decries Simultaneous Bail Pleas Before Different Courts, Mandates Undertaking In All Future Bail Applications
The Kerala High Court has deprecated the practice of filing simultaneous bail applications before different courts and directed that all future bail petitions must include a mandatory undertaking confirming that no other bail plea is pending before any District court.Justice A. Badharudeen issued the directions while considering the bail application of the Superintendent at Kochi Corporation...
Affidavit Of Cost Accountant In Personal Hearing Cannot Be Ignored When Facts Are Admitted By State Tax Officer: Kerala High Court
The Kerala High Court has held that an affidavit by professionals, such as a cost accountant, given during a personal hearing, cannot be ignored, especially when a state tax officer admits facts referred therein. Justice Ziyad Rahman A.A. stated that when a professional swears an affidavit before this Court, highlighting the matters that transpired during the course of the hearing,...
Delhi High Court Upholds Magisterial Inquiry Into Canada Govt's Extradition Request For Man In Hit And Run Case
The Delhi High Court has dismissed a petition filed by an Indian national challenging the Union government's decision to initiate a magisterial inquiry into Canada Government's request seeking his extradition for an alleged hit-and-run case that caused a pedestrian's death.Justice Sanjeev Narula said that no infirmity was shown by Pawan Malik in the satisfaction recorded by the Union Ministry...
Monthly Income Of Deceased Rightly Assessed In Motor Accident Cases When Salary Certificate Is Unchallenged: HP High Court
The Himachal Pradesh High Court has held that the monthly income of a deceased is deemed to be rightly assessed when the salary certificate is proved and it is not challenged during cross-examination.Justice Jiya Lal Bhardwaj remarked that: “The Court found that the Tribunal correctly assessed the deceased's monthly income as ₹25,000, noting that the salary certificate was proved and...
KVAT Act | Permission For Compounding Tax Cannot Be Cancelled For Suppression; Only Suppressed Turnover Can Be Taxed: Kerala High Court
The Kerala High Court has held that under the KVAT Act (Kerala Value Added Tax Act, 2003), the assessing authority cannot cancel permission to pay tax at compounding rates for suppression in the same year it was opted, and only the suppressed turnover can be taxed at normal rates. Justice M.A. Abdul Hakhim opined that cancellation proceedings are still pending, and the cancellation...
'No Further Demolition Required': Allahabad High Court Records UP Govt's Assurance On Fatehpur's Noori Jama Masjid
The Allahabad High Court on Monday disposed of a writ petition filed by the Fatehpur-Noori Jama Masjid Managing Committee after the Uttar Pradesh government gave a categorical undertaking that no further demolition of the religious structure is required. A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta, however, granted the petitioner liberty to apply for demarcation...