High Courts
Offence Purely Personal: Madras High Court Quashes POCSO Case Against Man Who Married 17 Year Old Girl
The Madras High Court has quashed a case against a man under the Protection of Children from Sexual Offences Act, for allegedly committing sexual assault on a minor girl. Justice N Sathish Kumar relied on the decisions of the Supreme Court, where the court had laid down guidelines that must be taken into consideration by the courts while quashing non-compoundable offences. As per...
Bank Cannot Unilaterally Withdraw Money From Joint Account To Recover Loan Owed By One Of The Holders: Orissa High Court
The Orissa High Court has recently ruled that a bank cannot unilaterally withdraw money from a joint account to recover a loan owed by only one of the account holders. The Court was dealing with a petition filed by Bharat Chandra Mallick, a retired railway employee, who challenged the State Bank of India's deduction of Rs 5 lakh from a joint account he held with his wife without prior notice....
Delhi High Court Allows Recording Of US Based Witness' Evidence Via Video Conferencing In Official Secrets Act Case
The Delhi High Court has allowed recording of evidence of a US based prosecution witness via video conferencing in an Official Secrets Act case concerning businessman Abhishek Verma.Justice Sanjeev Narula said that the apprehension of the Trial Court, that using video conferencing may result in leakage of classified material, can be taken care of through regulation and safeguards and...
Limitation Period Begins To Run On The Date 'Continuous Breach' Of Contract Ceases: Kerala High Court
The Kerala High Court has said that under Section 55 of the Limitation Act where a contract is breached and if the breach is continuous, the limitation period begins to run from the date the breach ceases. A division bench comprising Justice Sathish Ninan and Justice P Krishna Kumar, delivered the judgment in an appeal filed against a trial court order dismissing suit for damages for breach...
Mere Omission To Disclose Other Properties Doesn't Disentitle Landlord From Obtaining Tenant's Eviction For Bonafide Use: Delhi High Court
The Delhi High Court has observed that mere omission by a landlord to disclose other properties owned by him will not disentitle him from obtaining eviction of a tenant for bonafide use of the tenanted premises.“In any event, mere omission to disclose the existence of alternative accommodation in the pleadings cannot, by itself, be construed as a ground to disentitle the landlord from...
Calcutta High Court Quashes 15 FIRs Against BJP Leader Suvendu Adhikari, Lifts Bar On Fresh Cases
The Calcutta High Court recently quashed 15 FIRs lodged against BJP leader Suvendu Adhikari. The court also vacated an interim order which had barred the institution of fresh cases against Adhikari without the leave of the court. This decision comes only months before the West Bengal Legislative Assembly polls to be held in 2026.In these FIRs, the Court found that there were either no...
P&H High Court Upholds Punishment Of Armed Forces Officer Over Religiously Provocative Speech, Says It 'Betrayed Constitutional Values'
The Punjab and Haryana High Court has upheld the disciplinary punishment imposed on a Central Industrial Security Force (CISF) officer accused of delivering a religiously provocative speech at a public gathering, observing that such conduct betrays constitutional values and the disciplined character expected of members of the armed forces.Justice Sandeep Moudgil said, "members of a...
CGST Rules | GST Registration Can Be Restored After Expiry Of Revocation Period If Rule 22(4) Conditions Are Fulfilled: Gauhati High Court
The Gauhati High Court has held that GST Registration can be restored even after expiry of the revocation period if the assessee complies with Rule 22(4) CGST (Central Goods and Services Tax Rules), 2017 requirements. The Single Bench, consisting of Justice Sanjay Kumar Medhi, opined that if the assessee submits such an application and complies with all the requirements as provided...
Gujarat High Court Remands Tax Assessment Matter To State VAT Tribunal Citing Non-Consideration Of Grounds In Second Appeal
The Gujarat High Court remanded back a matter to the Gujarat Value Added Tax Tribunal on assessment of tax, after noting that the tribunal did not consider the grounds raised by the petitioner proprietor before passing orders. A division bench of Justice Bhargav Karia and Justice Pranav Trivedi noted that the tribunal did not deal with the grounds raised by the petitioner in its second appeal....
Renting/Leasing Residential Premises For Use As Residence Exempt From GST: Delhi High Court
The Delhi High Court has held that GST cannot be levied on renting/ leasing of residential premises for use as residence.Justice Sachin Datta clarified thus while dealing with a plea to quash an order passed by the Collector of Stamps directing the petitioner to pay allegedly deficient stamp duty on a lease deed executed with a private company, in respect of a residential property in...
Energy Minister Has No Authority To Suspend UHBVN Officer, Only Managing Director Is Authorised: P&H High Court
Observing that State's fanciful action erodes public faith, the Punjab & Haryana High Court observed that the Energy Minister of Haryana, while acting as Chairman of the District Grievance Committee (DGC), has no authority to direct the suspension of an officer of the Uttar Haryana Bijli Vitran Nigam Limited (UHBVN). The Court held that disciplinary action against a UHBVN employee can...
Juvenile Justice Act Overrides All Other Laws In Case Of Child In Conflict With Law: Allahabad High Court
The Allahabad High Court has held that the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) overrides all other laws in case of a child in conflict with law.Perusing various provisions of the JJ Act, the bench of Justice Salil Kumar Rai and Justice Sandeep Jain held,“A reading of the aforesaid provisions shows that the Act, 2015 has an overriding effect over any other...