High Courts
Scope Of Appeal Is Limited U/S 28KA Customs Act; Advance Ruling Binding Unless Arbitrary: Madras High Court
The Madras High Court has held that the scope of appeal is limited under Section 28KA of the Customs Act and an advance ruling is binding unless it is palpably arbitrary or irrational. Section 28KA of the Customs Act, 1962 provides that an appeal can be filed to the appellate authority against any ruling or order passed by the Authority within sixty days from the date of communication...
Identification Of Accused In Court Is Substantive Evidence, Mandatory Even If Witness Personally Knows Accused: Kerala High Court
The Kerala High Court has set aside the conviction of three men for criminal trespass and mischief by fire, noting that the trial court while recording the deposition of prosecution witnesses did not record that the witnesses had identified the men in court nor did the prosecutor pose questions to the witnesses for identification. It was alleged that the accused, in furtherance of their...
Private Schools Bound By Obligations Under RPwD Act, Must Provide 'Reasonable Accommodation' To Disabled Students: Delhi High Court
The Delhi High Court on Tuesday observed that private schools must take adequate measures to overcome the learning disabilities of children and provide “reasonable accommodation” to them under Section 16 of the Rights of Persons with Disabilities (RPwD) Act, 2016. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that “inclusive education” can...
Tax Exemption Cannot Be Claimed For Inter-State Purchases Without Segregating Local Purchases: Madras High Court
The Madras High Court has held that if the assessee has purchased goods both within the State and from other States, then to claim exemption for inter-State purchases, the purchases made within the State must be segregated from those made from others. Justices S.M. Subramaniam stated that when the facts are established in clear terms that the goods were found mingled during...
Socio-Economic & Educational Survey 'Voluntary', Citizens Can Refuse To Give Data: State Tells Karnataka High Court
The Karnataka High Court on Tuesday heard a challenge against the State's approval to conduct a survey of the social and educational status of citizens under the supervision of the Karnataka State Backward Classes Commission.In opposing the challenge as well as stay of the survey, Senior Advocate Abhishek Manu Singhvi, appearing for the State, submitted that the petitioners had...
Family Pension Of Deceased Employee Can Be Shared Equally Between First & Second Wife On Basis Of Voluntary Compromise: HP HC
A Division bench of the Himachal Pradesh High Court comprising Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that family pension of a deceased employee can be equally shared between the first and second wife through a voluntary and free-will compromise. Background Facts Late Sohan Lal retired as an Assistant Sub-Inspector from the Police Department. He passed away...
Dispute Between Passenger & Airline Over Refund Of Flight Ticket Not 'Commercial Dispute': Delhi High Court
The Delhi High Court has held that an agreement containing a provision for providing mere services on payment of certain charges cannot, in every case, be termed to be an agreement, dispute in respect of which can be said to be a commercial dispute.“To constitute a dispute to be a commercial dispute arising out of an agreement which contains a provision of services, the agreement or...
High Time Adjudicators Discard 'Heavens Would Not Fall' Approach, Deferment Of Each Day Matters: Delhi High Court
The Delhi High Court has observed that it is high time the adjudicators shift paradigm and discard the “heavens would not fall” approach, underscoring that each day's deferment, unless unavoidable, matters.Justice Girish Kathpalia was dealing with a plea filed by Parsvnath Developers Limited, a Corporate Debtor, challenging an order passed by the National Company Law Tribunal (NCLT)...
Foreign Arbitral Awards To Be Enforced Under Indian Law, Interpretation Of 'Public Policy' U/S 48(2)(b) A&C Act Is Limited: Delhi HC
The Delhi High Court observed that to enforce a New York Convention Award, an application u/s 47 of the A&C Act, 1996 has to be filed. Thereafter, the onus shifts on the party opposing the enforcement to make out a ground enlisted in Section 48 of the A&C Act. The bench observed "The settled legal position with respect to foreign awards is that, except strictly in terms of...
NEET-PG: Telangana High Court Directs Central Govt Authorities To Consider OCI Card Holder's Plea For Admission Under NRI Quota
The Telangana High Court has directed Central government authorities to consider the application of a medical aspirant possessing an Overseas Citizen of India (OCI) card seeking admission for NEET-PG course claiming eligibility under NRI quota. The order was passed by the division bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohidduin in a writ petition filed by a student,...
S. 250(1) BNSS | POCSO Accused Can File Discharge Application Within 60 Days Of Receiving Police Papers: Orissa HC Issues Directions
Filling a legislative gap concerning interplay of the Bharatiya Nagarik Suraksha Sanhita ('BNSS') and the Protection of Children from Sexual Offences Act ('POCSO Act') regarding limitation period for filing a 'discharge application', the Orissa High Court has held that an accused under the latter enactment can prefer an application seeking discharge under Section 250(1) of the BNSS within...
Testator Executing Will In Favour Of Persons Taking Care Of His Household Is Not Unnatural: Himachal Pradesh High Court
The Himachal Pradesh High Court held that the execution of a will in favour of family members who had been caring for the testator and his household could not be termed unnatural.Justice Satyen Vaidya remarked that: “… the execution of Will by Anokhi Ram in favour of persons, who were taking care of the entire family and in whom he had reasons to establish trust cannot be said to...