High Courts
'Jailed For 24 Years Sans Evidence': Allahabad High Court Acquits Man Convicted Solely Based On S. 313 CrPC Admission
The Allahabad High Court recently set aside the conviction of a man sentenced to life imprisonment for the offence of dacoity. In this case, the trial court, in 2002, rendered the verdict solely based on his admission in his statements recorded under Section 313 CrPC. Finding fault with the same, a bench of Justice JJ Munir and Justice Sanjiv Kumar ruled that a conviction cannot be...
Income Tax | Govt Grant/Subsidy Under Rehabilitation Scheme Is Capital Receipt, Not Taxable As Revenue: Madras High Court
The Madras High Court held that the grant-in-aid/subsidy received by the assessee under a government rehabilitation scheme is a capital receipt and is not taxable as revenue. Chief Justice Manindra Mohan Shrivastava and G. Arul Murugan examined whether the grant-in-aid/subsidy received by the assessee from the Government under the rehabilitation scheme should be treated as a...
MP High Court Directs Removal Of Stray Dogs From Prominent Tourist Places In Indore
The Madhya Pradesh High Court has directed the Indore Municipal Corporation to identify prominent tourist places in the city and conduct a drive for the removal of stray dogs as a 'top priority' in these places. The corporation was also directed to file an affidavit regarding the data of the sterilisation of stray dogs, which an affidavit of the senior officer of the Corporation...
'Pedantic Literalism': Kerala High Court Directs Tribunal Not To Insist On Separate Petitions For Exempting Court Fees & Legal Benefit Fund
The Kerala High Court recently directed a Motor Accidents Claims Tribunal to number a claim petition without insisting on separate petitions for exemption from payment of court fees and legal benefit fund (LBF).The plea before Justice Mohammed Nias C.P. was preferred by a person claiming around Rs. 15 lakhs for an injury sustained in a motor accident. He filed a claim petition before the...
“Resources Completely Wasted Away”: Delhi High Court Fines Customs For Delaying Release Of Seized Goods Despite Order
The Delhi High Court has criticised the Customs Department for wasting public resources by withholding seized goods despite an adjudication order already having directed its unconditional release, eventually leading to avoidable litigation.A Division Bench of Justices Prathiba M. Singh and Shail Jain observed,“The present is a case which shows how the resources of the Customs Department...
'Insurance Company Cannot Claim Non-Receipt Of Premium When It Was Negligent In Handling Cheque': Bombay High Court
The Bombay High Court held that an insurance company cannot avoid liability by pleading non-receipt of the insurance premium when the cheque towards the premium was received in time but was negligently handled by the insurer itself. The Court observed that where the insurer assumes risk after receiving the premium cheque and issues a renewed policy, it cannot subsequently repudiate the claim...
Sunglasses Not Covered Under 'Spectacles' Entry; Taxable As Residuary Goods At 12.5% VAT: Punjab & Haryana High Court
The Punjab and Haryana High Court held that the sunglasses are classified as a residuary item, as they did not fall under any specified Schedule, and therefore are exigible to VAT (Value Added Tax) at the rate of 12.50%. Justices Lisa Gill and Meenakshi I. Mehta stated that sunglasses are indeed a distinct commodity, which is not covered under Entry 110 of Schedule B of PVAT Act...
Delhi High Court Issues Notice On Plea Against Release Of Web Series 'UP 77' Based On Slain Gangster Vikas Dubey's Life
The Delhi High Court on Tuesday (December 23) issued notice on a plea against release of web series “UP 77” purportedly based on the life of gangster Vikas Dubey who was killed in a police encounter in July 2020. The series is slated to release on December 25 on Waves OTT platform. Justice Sachin Datta sought response of the Union Government, the OTT platform and maker of the web...
Bombay High Court Declines To Temporarily Injunct Use Of 'Saat Samundar Paar' In Upcoming Dharma Film
The Bombay High Court on Tuesday declined to grant ad‑interim relief to Trimurti Films Pvt. Ltd. in a copyright infringement suit concerning the use of the song “Saat Samundar Paar” in the upcoming Hindi film 'Tu Meri Main Tera Main Tera Tu Meri'. The court has refused to injunct the use of the song in the upcoming Dharma Products movie slated for a Christmas Release.A single judge Bench...
Delhi High Court Suspends Life Sentence Of Kuldeep Singh Sengar In Unnao Rape Case
The Delhi High Court on Tuesday (December 23) suspended the life sentence awarded to expelled BJP leader Kuldeep Singh Sengar, who was convicted and sentenced to life imprisonment by the trial court in the Unnao rape case.A division bench comprising of Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar while pronouncing the order said:"We are suspending the sentence. Personal...
Delhi High Court Upholds ₹9.73 Crore Duty On Import Of IPL Broadcast Equipment, Reduces Penalty For Misdeclaration
The Delhi High Court recently upheld the import duty imposed by the Customs, Central Excise & Service Tax Settlement Commission on a company authorised by BCCI to provide broadcast equipment and associated services for covering the Indian Premier League in 2012.A division bench of Justices Prathiba M. Singh and Shail Jain observed that under normal circumstances, this duty would have...
Allahabad High Court Quashes Forgery Case Against Shooter Vartika Singh Who Accused Smriti Irani Of Corruption
The Allahabad High Court (Lucknow Bench) last week quashed criminal proceedings against international shooter and President's Awardee Vartika Singh, who was facing charges of forgery and defamation after she alleged that she was asked Rs. 25 Lakh as a bribe in return for a berth in the National Commission for Women. A bench Justice Rajeev Singh observed that there was absolutely...