High Courts
'Is Pendency Of Plea Before SC A Reason To Not Hold Elections To State Bar Council?' Karnataka High Court Seeks Clarification From BCI, KSBC
The Karnataka High Court on Thursday (August 14) sought a clarification from Bar Council of India (BCI) and Karnataka State Bar Council (KSBC) on whether the proceedings pending with the Apex court regarding issuance of certificate of practice to advocates is a reason to not hold elections to KSBC. Justice B M Shyam Prasad said, “The question that needs to be answered for this...
Consideration Paid To Foreign Company For Use Of Computer Software Not 'Royalty', No TDS Liability: Delhi High Court
The Delhi High Court has reiterated that consideration paid by an Indian entity to a foreign company for the resale/ use of their computer software is not 'royalty'.A division bench of Justices V. Kameswar Rao and Vinod Kumar thus held that the Indian entity is not liable to deduct TDS in such cases.The bench in this regard relied on Engineering Analysis Centre of Excellence Pvt. Ltd. v....
'Right To Motorable Road Is Constitutional Right', Says Kerala High Court As It Awaits Road Safety Audit Report
“The right to a motorable road, without any doubt, is now a constitutional right, because the right to travel is within the compass of the fundamental right,” the Kerala High Court orally observed today.Justice Devan Ramachandran made the remark while dealing with a case concerning “spate of accidents” in the State owing to poor road maintenance and rampant traffic violations.The...
Continuing Physical Relations On Promise To Marry Despite Family's Caste-Objections Shows Dishonesty, Constitutes Rape: Delhi High Court
The Delhi High Court has observed that continuing physical relations with a woman knowing that the marriage is impossible, based on a false promise to marry from the inception, would constitute the offence of rape.“The accused's conduct of continuing physical relations over an extended period while knowing fully well that marriage was not possible in his family on account of...
Rape Victim's Refusal To Undergo Medical Exam Doesn't Affect Prosecution Case At Stage Of Framing Charges: Delhi High Court
The Delhi High Court has made it clear that where a rape survivor has given detailed accounts of the alleged sexual assaults by the accused, here mere refusal to undergo internal medical examination doesn't materially affect prosecution case at the stage of framing charges.Justice Swarana Kanta Sharma observed,“...even a conviction can rest solely on the testimony of the prosecutrix if it...
Permanent Lok Adalats Have No Jurisdiction On Matters Relating To Imposition Or Rate Of Tax: Rajasthan High Court
The Rajasthan High Court held that merely because the transport vehicle for carriage of passengers was mentioned in the definition u/s 22A(b) of the Legal Services Authority Act, 1987 (“Act”), Permanent Lok Adalat (“PLA”) had no jurisdiction to entertain an application regarding imposition of tax or the rate of imposition of tax in a particular matter.The division bench of Justice...
Choice To Marry Across Lines Of Faith Is Individual's Autonomy, Immune From External Veto: Delhi High Court
The Delhi High Court has observed that the choice to marry across lines of faith is the autonomy of the individual and is immune from external veto. “The choice to marry, especially across lines of faith, may test the resilience of social norms and familial expectations, yet in law, it remains a matter of personal liberty and individual autonomy, immune from any external veto,”...
Kerala High Court Dismisses Pleas Challenging Proposal Of Temporary Toll Plaza In Kasargod On NH-66 Stretch
The Kerala High Court on Wednesday (August 13) dismissed three writ petitions challenging the setting up of a temporary toll plaza in Arikady in Kasargod district in the Thalappady-Cherkkala stretch of NH-66.The petitioners challenged the proposed temporary toll as violative of Rule 8(2) of the National Highways Fee (Determination of Rates and Collection) Rules, 2008 for being less than 60km...
Company Can Be Blacklisted From Future Tenders If Employee Files Forged Documents In Bid: Delhi High Court
The Delhi High Court has held that a company can be blacklisted from future tenders if its employee, authorised to submit the bid forges the documents submitted, irrespective of the company management's knowledge regarding such forgery.Justice Jyoti Singh thus upheld the suspension of an IT company by the New Delhi Municipal Council (NDMC), on finding that the Turnover Certificate submitted...
'Locality' Under Education Act Not District, State Entitled To Treat Different Localities In A District Independently: Telangana High Court
The Telangana High Court has held that district cannot be treated as a locality under Section 20(3) of the Telangana Education Act mandating permission needed by educational institutions for establishment, noting that lawmakers did not use the word 'District' and had instead used the word 'locality'.The court thus said that while locality is not defined, however generally the state is entitled...
Defaulter Can't Escape Liability Citing Term End: Rajasthan HC Upholds Inquiry Against Official Initiated After Village Became Municipality
The Rajasthan High Court quashed the suspension of the Chairperson of a Municipal Board accused of misconduct, however it continued an inquiry initiated against her under Rajasthan Municipalities Act 2009 instituted after the concerned area was converted from a gram panchayat to a municipality. The court observed that inquiry initiated under either provisions of the Panchyati Raj Act or...
Labour Engaged Through Contractor For Maintenance, Repair Of Factory Premises Qualify As 'Employee' Under ESI Act: Karnataka High Court
The Karnataka High Court has held that labourers engaged through contractors for construction and repair works within a factory premises are treated as 'employees' within the meaning of Section 2(9) of the Employees State Insurance (ESI) Act.Justice Ramchandra D Huddar added that in such a case, contribution under the Act will have to be paid by the company employing them. The...