High Courts
Derogatory Social Media Posts Against Complainant, Judge Or Police Can Be Considered To Deny Anticipatory Bail: Delhi High Court
The Delhi High Court has observed that an accused can be denied anticipatory bail if he has been posting complainant's photographs on social media using inappropriate language as well as making posts against the judge or investigating agency.Justice Neena Bansal Krishna denied anticipatory bail to a man, a law student, noting that he had been using obscene and derogatory language against...
Income Tax Commissioner's Order For Reopening Assessment U/S 151 Income Tax Act Can Be In Words "Yes, I Am Convinced": Delhi High Court
The Delhi High Court has held that the Income Tax Commissioner's order granting sanction under Section 151 of the Income Tax Act 1961 for reopening assessment after four years of the relevant Assessment Year (AY) can be in the words— “Yes, I am convinced”.Section 151(1) of the Act categorically provides that no notice for reassessment shall be issued under Section 148 by the...
JJ Act | Child Alleged To Be In Conflict With Law Can't Be Lodged In Jail Even During Inquiry To Determine His Age: Allahabad High Court
The Allahabad High Court has held that under the Juvenile Justice Act 2015 a person accused who claims to be child at time of commission of offence, cannot be sent to jail or police lockup even during an inquiry regarding determination of his age either by a Court or the Juvenile Justice BoardIn doing so the court held that a child in conflict with law or alleged to be in conflict with law...
Court Appointed Committees Can't Perform Judicial Functions On Claims Over School Fee Hike, Payment Of Teachers' Salaries: Delhi High Court
The Delhi High Court has ruled that the Committees appointed by the Court on zonal and central level to decide on fee hike and payment of teachers of unaided private schools in the national capital cannot perform judicial functions. A division bench comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav observed that the committees set-up by the Court are different from...
Karnataka High Court Calls For SIT's Objections On Plea By Prajwal Revanna Seeking Bail, Suspension Of Sentence In Rape Case
The Karnataka High Court on Tuesday directed the Special Investigation Team (SIT) to file its objections on the application filed by convict Prajwal Revanna seeking to suspend the sentence of life imprisonment imposed on him and release him on bail. The application is filed in appeal by Revanna, challenging his conviction in the first rape case registered against him at the Holenarasipura...
Prosecution Must Prove Victim Was Below 16 Years For Rape Conviction In Cases Prior To 2013 Amendment: Delhi High Court
The Delhi High Court has ruled that the prosecution must prove that the minor rape victim was below the age of 16 years, for securing conviction of the accused in cases commencing prior to Criminal Law (Amendment) Act, 2013.While acquitting a man convicted for allegedly raping an 11 year old girl in 2005, Justice Swarana Kanta Sharma said:“It is important to remember that the alleged...
IPC Provisions On Use Of False Weights & Measures Do Not Apply To Offences Punishable Under Legal Metrology Act: Allahabad High Court
The Allahabad High Court has held that an accused cannot be prosecuted under Sections 265 (Fraudulent use of false weight and measure) and 266 (being in possession of false weight and measure) of Indian Penal Code for offences covered by the Legal Metrology Act, 2009.Referring to Section 51 of the Legal Metrology Act and the judgment of the Apex Court in State of Uttar Pradesh v. Aman...
Allahabad High Court Orders Action Against Officials Over Delay In Minor Rape Survivor's Compensation; Directs ₹2 Lakh Additional Relief
The Allahabad High Court on Monday slammed the state officials for their 'reprehensible inaction' and 'laissez-faire attitude' in denying compensation to a minor rape victim, compelling her to approach the Court for relief. A Bench of Justice Shekhar B Saraf and Justice Prashant Kumar observed that the very purpose of the State's compensation scheme [Uttar Pradesh Rani Lakshmi...
Customs Authorities Lack Jurisdiction To Issue Directions Under GST Law: Madras High Court
The Madras High Court recently held that Customs authorities have no jurisdiction to issue directions under the Goods and Services Tax (GST) law. The Court struck down a February 2021 public notice issued by the Chennai Customs that sought to regulate the GST treatment on auctioned cargo.A single bench of Justice N Anand Venkatesh ruled that such powers lie exclusively with authorities...
Entire RTE Act Applicable To Private Unaided Schools, Affiliating Board's Guidelines Can't Be Given Precedence: Allahabad High Court
The Allahabad High Court has held that all provisions of the Right of Children to Free and Compulsory Education Act, 2009 are applicable to private unaided schools and the guidelines of affiliating Board including those pertaining to attendance, are not above the Act.Referring to the judgment of the Supreme Court in Society for Unaided Private Schools of Rajasthan vs. Union of India and...
Criminal Prosecution Can't Continue After Exoneration In Departmental And Vigilance Inquiry: Delhi High Court
The Delhi High Court has held that criminal prosecution cannot continue when the departmental proceedings as well as the Vigilance inquiry have found no merit in the allegations against an individual.Justice Neena Bansal Krishna allowed the petitions filed by one Gurbachan Singh Matta challenging an FIR registered by the CBI (Bank Securities & Fraud Cell) and framing of corruption...
Legal Heirs Have Right To Seek Impleadment In Pending Appeals Under FEMA: Delhi High Court
The Delhi High Court has observed that legal heirs have right to seek Impleadment after the appellant's death in pending appeals under the Foreign Exchange Regulation Act, 1973, and the Foreign Exchange Management Act, 1999. “…the right to seek impleadment of legal heirs in such circumstances is not one that arises dehors the statute; rather, it is one that is expressly recognised...