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...

[MCOCA] If State Cites Seriousness Of Offence To Oppose Bail, It Must Avoid Delays In Critical Processes Like Appointing Prosecutor: Delhi HC

While dismissing an accused's plea in a MCOCA case, the Delhi High Court has observed that the State must avoid delays in “critical processes” such as appointment of an SPP where it cites seriousness and gravity of alleged offence to oppose a plea. “Thus, if the State‟s contention is that the case is of a serious and grave nature, requiring the Court to adopt a cautious and...

Madhya Pradesh High Court Recalls Order Granting Bail To Murder Accused Due To Typographical Error

The Madhya Pradesh High Court recently recalled its order granting bail to a murder accused after discovering a typographical error that had resulted in the bail application being allowed instead of being dismissed. The case pertained to a crime registered under BNS Sections 103(1) (murder), 115(2)(Voluntarily causing hurt), 351(3)(Criminal intimidation) and 3(5) (common intention). According...

Meghalaya High Court Directs State To Monitor & Prevent Alleged Illegal Limestone Mining By Cement Company

The Meghalaya High Court recently directed the State Government to keep a vigil to ensure that Amrit Cement Industries Limited does not indulge in illegal mining of limestone. The division bench comprising the Chief Justice I. P. Mukerji and Justice W. Diengdoh was hearing a PIL raising the allegation of alleged illegal mining of limestone by Amrit Cement Industries Limited (respondent No. 9)...

UAPA: Delhi High Court Grants Bail To One, Denies Bail To Other In J&K Terror Funding Case

The Delhi High Court has granted bail to one Syed Ahmad Shakeel and has denied bail to one Shahid Yusuf in relation to an alleged case of terror funding and secessionist activities in Jammu and Kashmir.A division bench comprising Justice Navin Chawla and Justice Shalinder Kaur observed that Shakeel had already suffered prolonged incarceration of around 6 years and 11 months, without any...

Devise Policy For Rehabilitating 'Silicosis' Affected Workers, Compensation To Kin Of Deceased: Gujarat High Court To State

The Gujarat High Court has directed the State government to devise a policy for overseeing rehabilitation of workers affected with Silicosis and to grant adequate compensation to the kin of those who died due to the disease, in view of the Supreme Court's directions. The court was hearing a plea regarding non compliance of directions contained in the Supreme Court's April 11, 2017 order on...