High Courts
"Motorcycles Not Meant To Be Used As Passenger Vehicles”: Karnataka Govt Tells High Court On Bike-Taxi Ban
The Karnataka High Court on Thursday heard appeals filed by Rapido, Uber and Ola against a single-judge order that had barred bike-taxi operations in the State until guidelines were framed under the Motor Vehicles Act, 1988. Appearing for the State, Advocate General Shashi Kiran Shetty told the division bench that “motorcycle cannot be a transport vehicle”, insisting that the...
Kerala High Court Seeks Bar Council's Stand On Lawyers' Plea Alleging It Charged 'Excess' Fees For Enrolment
The Kerala High Court on Friday (November 14) sought the State Bar Council's stand while considering a plea preferred by seven lawyers challenging 'excess' fees charged by the body to conduct their enrolments.Justice V.G. Arun today gave time to the standing counsel to take instructions from the Bar Council of Kerala (BCK) regarding the same.In the plea, the petitioners, who are members of...
DRC-03 Payments Made During GST Search Not Voluntary; Refund Cannot Be Rejected Through Deficiency Memos: Karnataka High Court
The Karnataka High Court holds that payments made by assessee through Form GST DRC-03 at the time of search or pursuant to an investigation cannot be treated as 'voluntary payments' when amount was not determined through any formal assessment or adjudication. A Bench comprising of Justice M. Nagaprasanna, quashed deficiency memos issued by the Deputy Commissioner of Central Tax...
Claims Under 'Roshni Act' Void Ab-Initio, Any Vesting Of Ownership Rights Extinguished From Inception: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that the Jammu and Kashmir State Lands (Vesting of Ownership to Occupants) Act, 2001 (“Roshni Act”) having been declared unconstitutional, contrary to law, and void ab initio cannot form the basis of any legal right, title, or claim. The Court ruled that all actions, applications, and entitlements sought under the Roshni Act stand...
Kerala High Court Asks CBFC To Reconsider Haal Movie Certification Issue, Filmmakers Decide To Delete Beef Biryani Scene, Few Dialogues
The Kerala High Court on Friday (November 14) asked the makers of Shane Nigam starrer 'Haal' to re-approach the Central Board of Film Certification.Justice V.G. Arun allowed the plea and quashed the CBFC's decision. The Court observed:"In the case at hand it is clear that, instead of judging the film as would be done by an ordinary prudent person, the Board's focus was on whether the film...
Income Tax Act | Interest On Loan Advanced To Company Not Deductible Against Salary Income: Karnataka High Court
The Karnataka High Court has held that a loan raised by mortgaging property and advancing to a company does not constitute business expenditure, and the interest is not deductible against salary income. The bench opined that unless expenditure is incurred in the course of the business or professional service, the assessee is not entitled to a deduction, merely due to it being incurred...
Delhi High Court Seeks Centre's Reply To Ashok Swain's Plea Against 'Continuous Restraint' On Entering India Despite OCI Card Restoration
Academician and writer Ashok Swain on Friday moved the Delhi High Court against the alleged continuous restraint imposed upon him from entering India, despite a judicial order quashing Central Government's directive cancelling his OCI card. Justice Sachin Datta today issued notice on the plea and sought response of Union Government through Ministries of Home Affairs and External Affairs,...
Kerala High Court Directs Centre To Decide Amal Neerad Productions' Plea To Submit 'Bougainvillea' For National Film Awards
The Kerala High Court has directed the Secretary, Ministry of Information and Broadcasting, to consider a representation made by Amal Neerad Productions LLP, the production house of the Malayalam movie Bougainvillea, that was allegedly unable to complete its online application for 72nd National Film Awards, 2024,due to a technical glitch on the official submission portal.Justice V G Arun,...
Kerala High Court Refuses To Defer SIR, Says State May Approach Supreme Court
The Kerala High Court today refused to defer the Special Intensive Revision (SIR) of electoral rolls in the State, ahead of elections to Local Self Government Institutions.Justice V G Arun said similar matters are already pending before the Supreme Court and hence, judicial discipline demands the High Court to refrain from hearing the matter."Judicial discipline and comity also require this...
'Absence Of Arbitration Clause In Agreement Does Not Render Dispute Non-Arbitrable': Bombay High Court
The Bombay High Court has held that the absence of an independent arbitration clause in a supplemental agreement, when the principal agreement contains an arbitration clause, does not render the dispute non-arbitrable. The Court ruled that a supplemental agreement, merely ancillary to the principal agreement, which seeks to record that the consideration under the Development Agreement...
Trial Courts In UP Are At Liberty To Write Judgments Either In Hindi Or English, But Not A Mix Of Both: Allahabad High Court
In a significant directive, the Allahabad High Court has said that while trial courts in Uttar Pradesh are at liberty to write their judgments either in Hindi or in English, they cannot write judgments that are partially in English and partially in Hindi. Terming an acquittal judgment by a Sessions Court in Agra a 'classic example' of this impermissible practice, the Bench directed...
No Technical Flaw If GST Orders Lack Visible Signatures; Digital Key Authentication Sufficient: Delhi High Court
The Central Goods and Services Tax Department recently explained to the Delhi High Court the process its officers follow when uploading any show cause notice or order on the GST portal. The explanation was tendered in response to a plea filed before the Court, challenging the legality of a demand order on the ground that the impugned SCN and the impugned order were not duly signed...