High Courts
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...
Banks Can't Be Summoned As Accused For Defamation, Declaring Company 'Fraud' Not Defamatory: Delhi High Court
The Delhi High Court has held that banks cannot be summoned as an accused for defamation as they lack the state of mind or mens rea necessary to constitute the offence. Justice Neena Bansal Krishna said that the act of the banks in declaring a Company as fraud, in discharge of their banking activities and in good faith, does not constitute defamation. The Court was dealing with a batch of...
'Judge Expressing Strong Opinion In Hearing Doesn't Mean Prejudice': Madras High Court Judge Refuses To Recuse From Madras Race Club Case
Justice SM Subramaniam of the Madras High Court recently refused to recuse from a case initiated by the State of Tamil Nadu against the Madras Race Club. The Club had sought Justice Subramaniam's recusal citing his "adverse findings" in another case involving the Club.The judge said that if such requests were allowed, it would pave the way for forum shopping or bench hunting and would...
Constitutional Remedy Cannot Be Invoked By Litigant To Avoid Approaching Tribunal Under SARFAESI Act: Kerala High Court
The Kerala High Court has observed that a litigant cannot use the constitutional remedy of writ petitions as an alternative to avoid approaching the Tribunal under the SARFAESI Act, which would require the payment of fees.A Division Bench of the Kerala High Court comprising Justice Anil K. Narendran and Justice Muralee Krishna S was considering a writ petition challenging proceedings initiated...
Dismissal Of SLP Does Not Attract Doctrine Of Merger, Only Law Declared By SC Is Binding Under Article 141: J&K&L High Court
Clarifying the limits of the doctrine of merger, the Jammu and Kashmir and Ladakh High Court has held that even if an order dismissing a Special Leave Petition (SLP) is supported by reasons, the doctrine of merger would not be attracted. However, a bench of Justice Sanjeev Kumar also made it clear that the reasons stated by the Supreme Court while dismissing an SLP may attract Article 141 of...
Right Of Accused To Lead Defence Cannot Be Snatched Away Even If He Failed To Do So When Examined U/S 313 CrPC: HP High Court
The Himachal Pradesh High Court has held that an accused cannot be deprived of the right to lead defence evidence merely because he had earlier declined to do so when examined under Section 313 of the Code of Criminal Procedure.The Court remarked that the trial court cannot discuss the merits of a probable defence while deciding an application under Section 311 CrPC.Justice Virender...
PIL Filed In Delhi High Court Against CBFC Certification To 'The Taj Story'; Alleges Distortion Of Historical Facts, Communal Propaganda
A public interest litigation has been filed before the Delhi High Court against the certification given to “The Taj Story” film, slated to be released on October 31, citing fabrication of facts and propagation of a "communal propaganda.”The plea has been filed today by lawyer Shakeel Abbas. He has alleged that the movie's potential is to create a communal disturbance amongst...
Seizure Of ₹2 Crore, Gold Bar From Govt Officer's Home Can't Relate To Official Act; Sanction For Prosecution Not Needed: Rajasthan High Court
The Rajasthan High Court dismissed a public servant's plea booked in a corruption case who had challenged an order taking cognizance of offences under PMLA on the ground that no prior sanction was taken as per Section 218 BNSS.In doing so the court observed that there were over Rs 2 crore cash and a gold bar worth over Rs 60 Lakh seized from the petitioner's residence and the same cannot...
Kerala High Court Explains Concept Of 'Contradictions' Under Indian Evidence Act & Pre-Trap Verification In Corruption Cases
The Kerala High Court has recently clarified what constitutes a contradiction in law and under what circumstances an omission can be treated as a contradiction under the Evidence Act.Justice A Badharudeen was delivering a judgment in the corruption case of a former village office under the Prevention of Corruption Act, 1988.The case arose, when the appellant, a former Village Officer...
S.263 Income Tax Act Can Be Invoked When AO Fails To Address Core Issue In Assessment Order: Kerala High Court
The Kerala High Court held that Section 263 of the Income Tax Act, 1961, can be invoked where the Assessing Officer (AO) fails to address a core issue in the assessment order. The bench opined that the main issue does not appear to have been addressed by the assessing authority while issuing an order under Section 143(3) of the Act. Since the assessment order does not appear to...