High Courts
DDA Can't Prima Facie Levy GST On Conversion Of Property From Leasehold To Freehold: Delhi High Court
The Delhi High Court has prima facie observed that the Delhi Development Authority cannot levy GST on conversion of property from leasehold to freehold.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“Prime facie, it clearly appears that conversion is nothing but a part of the process of sale of the immovable property by the DDA to purchasers and GST would not be...
Union Opposes Trans Man's Plea To Preserve Eggs; Says ART Act Does Not Cover Transgender Persons
The Union Government has told the Kerala High Court that a trans man cannot seek the benefit of assisted reproductive technologies under the Assisted Reproductive Technology Regulation Act 2021, asserting that transgender persons are outside the statutory framework of the law. The stand was taken in a counter affidavit filed in response to a writ petition by a 28-year-old person, assigned...
Enforcement Directorate Approaches Kerala High Court After Magistrate Denies Access To Sabarimala Gold Theft FIR
The Directorate of Enforcement (ED) has approached the Kerala High Court challenging a Ranni Magistrate Court order that refused to issue certified copies of the FIR and First Information Statement (FIS) in the Sabarimala gold theft case.The petition invokes Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and argues that the refusal has obstructed the agency's statutory mandate...
Settlement With SEBI Doesn't Shield Accused From Criminal Liability For Serious Economic Offences: Bombay High Court
The Bombay High Court on Friday held that settlement of adjudication proceedings with the Securities and Exchange Board of India (SEBI) cannot absolve an accused from criminal liability in cases involving serious economic offences. The Court said that paying disgorgement or settlement fees under SEBI's consent mechanism cannot be a basis for quashing criminal proceedings launched by the CBI...
GST Act | Three-Month Limit U/S 73(2) For Department To Issue SCN Is Mandatory, 'Technical Glitch' No Excuse: Delhi High Court
The Delhi High Court has held that the time limit set out under 73(2) of the Goods and Services Tax Act for issuance of show cause notice in relation to alleged short payment of tax, etc. is mandatory in nature, and cannot be excused on account of technical glitches on GST portal.A division bench of Justices Prathiba M. Singh and Shail Jain thus quashed a SCN issued after the 3-month...
'Law Is Dynamic, Must Adapt To Societal Realities': Rajasthan High Court Quashes Rape Case After Victim's Marriage With Accused
The Rajasthan High Court has observed that law of any civilized society is not definite, and it must change according to the demands and circumstances of the society.“Law and transformation is a unique concept which highlights the changes in social problems and their solutions through legal…Law not only lays down the norms that are acceptable to a given society, but it also lays down...
Kerala High Court Asks DLSA To Conduct Independent Assessment Of Prison Where State Plans To Relocate Women Inmates
The Kerala High Court on Friday (November 14) gave an interim direction to the Secretary of the District Legal Services Authority (DLSA), Thiruvananthapuram to carry out an independent assessment of the facilities available at the Women's Central Prison, Poojappura (Thiruvananthapuram) and to submit a report with details of the inspection.Justice V.G. Arun was considering a plea preferred...
Delhi High Court Finds Husband, Son Held Guilty Of Setting Woman Ablaze; Quotes Devotional Song On Purity Of Mother-Son Relationship
The Delhi High Court on Friday upheld the conviction of a husband and a son for murdering a woman by setting her on fire, holding that her dying declarations were consistent, voluntary and free from suspicion. A division bench comprising Justice Subramonium Prasad and Justice Vimal Kumar Yadav said that the woman had no reason to name her grown up son or husband to falsely implicate them,...
Employee Must Be Reinstated After Acquittal If Termination Was Solely Based On Pending Criminal Case: Rajasthan High Court
The Rajasthan High Court held that if the very foundation of termination of an employee was pendency of a criminal case against him/her, and the criminal case resulted in acquittal of the employee by the competent criminal court, the basis of such terminated ceased to exist, and the employer shall reinstate the employee.The division bench of Dr. Justice Pushpendra Singh Bhati and Justice...
Bombay High Court Considers Businessman's "Luxury Lifestyle" Enhances Wife's Maintenance From ₹50K To ₹3.5 Lakh
The Bombay High Court recently enhanced a woman's monthly maintenance from Rs 50 thousand to Rs 3.50 lakhs after noting that her businessman husband from Pune along with his two sons, lived a lavished lifestyle while the divorced wife, who spent 16 years with him, now struggles to earn Rs 1 lakh a month and take care of herself and her daughter.A division bench of Justices Burgess Colabawalla...
Customs Act | Delhi High Court Allows BSNL To Belatedly Challenge ₹12.63 Crore Penalty For Misdeclaration Of Goods
The Delhi High Court has allowed BSNL (Bharat Sanchar Nigam Limited) to belatedly challenge the Rs. 12,63,01,812/- imposed upon it by the Customs Department for misdeclaration of imported goods.A division bench of Justices Prathiba M. Singh and Shail Jain noted that the public autonomous service provider showed no valid justification for the delay in approaching CESTAT however, “considering...
P&H High Court Raps Child Welfare Authorities For Mishandling Minor's Custody; Orders Protection & Seeks Detailed Report
The Punjab & Haryana High Court rapped Haryana's Child Welfare Officers for acting in “complete deviation from the objectives” of the Juvenile Justice (Care and Protection of Children) Act, 2015, their actions exposed a 17-year-old girl to potential danger despite her being declared a child in need of care and protection.The habeas corpus plea earlier that month after which she was...