High Courts
Kerala High Court Issues Notice On KTU Vice-Chancellor's Plea Seeking Direction To Resolve Administrative Stalemate
The Kerala High Court on Tuesday (August 12) issued notice on a plea by APJ Abdul Kalam Technological University's (KTU) Vice-Chancellor Dr. K. Sivaprasad seeking court's interference to resolve alleged administrative stalemate.The matter was listed before a different bench, after recusal of Justice N. Nagaresh on Monday (August 11). When the matter came up for consideration, the...
Gross Misconduct Of Police: Punjab & Haryana High Court Flags Negligent Approach Of Lower-Rank Officers In Collecting Medical Reports
The Punjab and Haryana High Court strongly criticised the gross misconduct and negligent attitude of lower-rank police officers in handling criminal investigations.The development occurred during the hearing of a pre-arrest bail plea filed by a man accused of injuring a pregnant woman. The Court noted that although the incident occurred on June 16, the Investigation Officer moved an...
Court Cannot Direct Police To Ascertain Actual On-Ground Situation In Application For Police Assistance: HP High Court
The Himachal Pradesh High Court has held that a court, while deciding an application for police assistance, can only grant or refuse such assistance for implementing its order and cannot direct police officers to ascertain the actual situation on the spot.Justice Ajay Mohan Goel remarked that: “….by no stretch of imagination in such an application, the Court can direct an Officer or...
Complainant's Privacy Concern Can't Come In Accused's Way To Preserve Call Records Claimed To Be Exculpatory Evidence: Delhi High Court
The Delhi High Court on Tuesday ruled that the privacy concern of a complainant cannot come in the way of an accused seeking preservation of Call Detail Records which is claimed to be exculpatory evidence.“Preservation of exculpatory evidence is of the utmost sanctity for purposes of ensuring a fair trial guaranteed under Article 21 of the Constitution of India; and a narrow construction...
Delhi High Court Imposes ₹50K Cost On Trader Who Missed Personal Hearing After Failing To Check GST Portal
The Delhi High Court recently refused to interfere with a GST demand raised against a trader, who failed to either appear for personal hearing or even file a reply.Though the trader sought to contend that reply could not be filed as he is not a frequent visitor to the GST portal, a division bench of Justices Prathiba M. Singh and Renu Bhatnagar said,“It is a matter of practice of the...
Writ Petition Not Maintainable Against Officer's ITC Finding Made Within Jurisdiction: Calcutta High Court
The Calcutta High Court stated that writ not maintainable against officer's ITC finding made within jurisdiction. Justice Raja Basu Chowdhury stated that “Though, violation of principles of natural justice, and a challenge on jurisdictional issue can be maintained, such issue must, relate to an exercise of jurisdiction by an authority which it does not have, and not merely an...
Merely Possessing Aadhar Card, PAN Card, Voter ID Card Not Proof Of Being Indian Citizen : Bombay High Court
In a significant order, the Bombay High Court while denying bail to an alleged Bangladeshi national, held that merely having documents such as Aadhar Card, PAN Card or a Voter ID Card, does not make someone a citizen of India and in fact the concerned person must place on record the verification of these documents. A Single-judge denied bail to the Petitioner, who was booked by the Thane...
Punjab & Haryana High Court Declines To Grant Interim Stay On Former SAD Member Ranjit Singh Gill's Arrest
The Punjab & Haryana High Court today refused to grant interim relief of stay on arrest to former Shiromani Akali Dal (SAD) member Ranjit Singh Gill.It was alleged that Gill has been maliciously targeted by the Punjab Vigilance Bureau, solely on account of his political affiliation, immediately after he joined Bharatiya Janata Party (B.J.P.) on August 01. The Vigilance Bureau was...
Written Agreement Not Essential For Divorce By 'Mubaraat', Mutual Verbal Consent Of Muslim Couple Sufficient: Gujarat High Court
The Gujarat High Court has ruled that under Muslim law, when a couple mutually decides to dissolve their marriage i.e. Mubaraat, they are at liberty to do so through mutual verbal consent without drawing up a written agreement. For context, under Muslim law process of Mubaraat refers to divorce/dissolution of marriage through mutual consent between the husband and wife. The court was hearing...
Husband Merely Saying He Is 'Ready' To Keep Wife With Him, Not Valid Maintenance Offer Under Second Proviso To S.125(3) CrPC: MP High Court
The Madhya Pradesh High Court said that husband challenging the maintenance granted to his wife by family court on the ground he is 'ready and willing to keep' her with him, does not constitute a valid offer.The husband had claimed that because he ready and willing to keep the respondent wife with him, she is not entitled to the maintenance amount.The husband had moved a revision plea before...
Income Tax Act | Criminal Complaint For Tax Evasion Filed During Pendency Of Reassessment Proceedings Not Premature: Delhi High Court
The Delhi High Court recently dismissed a plea for quashing a criminal complaint lodged under Income Tax Act 1961 for alleged tax evasion, moved on the ground that reassessment action was pending and hence the complaint was premature.The bench of Justice Neena Bansal Krishna cited P. Jayappan vs. S.K. Perumal, First Income Tax Officer [1984] where it was held that pendency of...
'How Can We Compel State?' High Court Rejects PIL Questioning Karnataka Govt's Decision To Stall National Education Policy
The Karnataka High Court on Tuesday (August 12) dismissed a PIL challenging Congress-led State government's 2023 decision to stall implementation of the Centre's National Education Policy 2020.A division bench of Chief Justice Vibhu Bakhru and Justice Ramchandra D Huddar observed that it cannot intervene in matters of policy unless the Petitioner establishes violation of any...