High Courts
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...
Assessee Missed Hearing Due To Faulty VC Link & Hearing Email Sent At 3AM: Kerala High Court Quashes CIT(A) Order
The Kerala High Court has set aside an order passed by the Commissioner of Income Tax (Appeals) after finding that the assessee missed the hearing due to the non-functional video-conference link (VC link) and because the hearing link was emailed at an odd hour, i.e., at 3:13 a.m. CDT (Central Daylight Time) while he was in the U.S. Justice Ziyad Rahman A.A. stated that the assessee...
'Unconstitutional': MP High Court Strikes Down Rule Limiting PG Medical Seats To MBBS Graduates From Within State
The Madhya Pradesh High Court, on Wednesday (November 19), held that the amendment introduced in the MP Medical Education Admission Rules, 2018, which barred students who have completed their MBBS from institutions outside Madhya Pradesh from seeking admission to post-graduate medical courses in the private colleges in the State, was unconstitutional. The division bench of Chief Justice...
Vacancy Reserved For Disabled Persons Identified In 2019 But Advertised In 2023 Would Be Considered Backlog Vacancies: MP High Court
The Madhya Pradesh High Court has clarified that vacancies reserved for persons with disabilities, which had been identified as far back as 2019 but were advertised only in 2023, would be treated as backlog vacancies. The bench of Justice Ashish Shroti examined the provision of the M.P. Junior Service (Joint Qualifying) Examination Rules, 2013 and the Right of Persons with Disabilities Act,...
Income Tax Act | Alternative Remedy No Bar When Reassessment Notice Lacks Jurisdiction U/S 148/149: Sikkim High Court
The Sikkim High Court stated that when the reassessment notice itself is illegal, issued without jurisdiction, or beyond the time limit prescribed under the Income Tax Act, the Court can directly examine the validity of the notice under Article 226, even though an appeal under the Act is otherwise available.A Single Bench of the Sikkim High Court, comprising Justice Meenakshi Madan Rai,...
Offences Under Drugs & Cosmetics Act Punishable Up To Three Years Triable By Specially Empowered Magistrate: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that an offence punishable with imprisonment of up to three years under the Drugs and Cosmetics Act is triable by a Judicial Magistrate of the First Class specially empowered by the Government.The Court was hearing a petition challenging the maintainability of a complaint under Sections 18(a)(i) and 27(d) of the Act before the...
S. 319 CrPC | Suspect Not Summoned At Cognizance Stage Can't Be Summoned Later Based On Same Material: Delhi High Court
The Delhi High Court has made it clear that once cognizance of an offence has been taken and the accused placed in Column No.12 (suspect) of the chargesheet is not summoned, he cannot be summoned subsequently without there being any additional evidence on record.Justice Neena Bansal Krishna observed,“Section 319 Cr.P.C. empowers the Court to summon the Accused placed in Column...
District Medical Boards Under Surrogacy Regulations Need Not Insist On Physical Presence Of Intending Couple: Delhi High Court
The Delhi High Court has recently observed that the district medical boards under the Surrogacy Regulations, 2023, need not insist on physical presence of the intending couple. “There is also no rationale as to why the District Medical Board should not equip itself in conducting virtual hearings as is mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy...
Kerala High Court Seeks Action Taken Report Against Vlogging Inside Driver Cabins Of Moving Buses, Heavy Vehicles
The Kerala High Court recently underscored the rampant issue of contract carriages and other heavy good vehicles openly flouting the safety standards prescribed by the Central Government.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. on Wednesday (November 19) remarked that a lot of these vehicles are not adhering to the lighting installation requirements and...
J&K&L High Court Grants Bail In NDPS Case; Says Single-Tested Bottle Cannot Represent Entire Recovery Without Batch-Level Uniformity
The High Court of Jammu & Kashmir and Ladakh has held that when the seizure memo does not mention the batch number or composition of multiple recovered bottles of a pharmaceutical preparation, a single tested bottle cannot be presumed to represent the contents of all bottles.The Court observed that the prosecution must demonstrate uniformity across bottles before relying on...
“Trial Within Trial Not Permitted”: Calcutta High Court Says Co-Defendant Cannot Respond To Counter-Claim By Another Defendant
The Calcutta High Court has held that a co-defendant cannot file a written statement in response to a counter-claim raised by another defendant, ruling that the CPC does not permit such inter se litigation within a single suit.Justice Aniruddha Roy, dismissed an application by the first defendant, KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD (KELTRON), seeking leave to file a...
Amount Recovered In Civil Suit Can Be Adjusted Against Criminal Compensation In NI Act Cases: Delhi High Court
The Delhi High Court recently allowed the plea of a man, convicted for cheque dishonour, to set off the amount recovered from him in a civil suit relating to the same cheques, against the compensation to be paid in the criminal proceedings under Section 138 of the Negotiable Instruments Act 1881.Justice Manoj Kumar Ohri observed,“Since Section 357(5) CrPC allows the Court to adjust any...