Serving Order On Chartered Accountant Doesn't Count As Service On Assessee: Bombay High Court

The Bombay High Court held that serving order on chartered accountant doesn't count as service on assessee. The issue before the bench was whether the copy of the order passed by the Tribunal when served upon the Chartered Accountant is sufficient service and whether it can be construed as 'copy received by the assesse/applicant'. Justices Bharati Dangre and Nivedita P. Mehta...

Madras High Court Stays Single Judge Order Directing Suspension Of DySP Over Failure To File Final Report

A Madras High Court division bench has stayed the operation of a single judge order asking the Director General of Police to suspend a Deputy Superintendent of Police for failing to file final report in a case. The bench of Justice MS Ramesh and Justice V Lakshminarayanan ordered interim stay in a Letter Patent Appeal filed by the DySP challenging the order passed by...

Convict Not Entitled To Emergency Leave For Giving Care To Pregnant Wife: Kerala High Court

The Kerala High Court has recently passed a judgment denying emergency leave to a life convict to give pregnancy care to his wife, who was two months pregnant. It opined that extraordinary powers under Article 226 of the Constitution cannot be exercised granting parole to those convicted of serious offences, forgetting about the interests of the victims. Justice P.V. Kunhikrishnan...

Cause Of Action Arises From Clear Refusal To Perform Contractual Obligations, Not Mere Non-Performance: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar held that when there is a clear refusal by one of the parties to perform the terms of a contract, the cause of action arises from the date of such refusal, and not from the date of initial non-performance, especially where negotiations continued, implying that the parties possibly wanted to extend the time for...

'Delay In Deciding Reference Cannot Be Grounds To Deny Relief': Bombay High Court Orders Reinstatement Of Workers Terminated In 1995

The Bombay High Court has held that delay in adjudication of an industrial reference cannot, by itself, be a ground to deny just relief to workmen whose services were illegally terminated. The Court observed that when the delay is not attributable to the workmen and the termination is found to be in violation of law, reinstatement is the appropriate remedy.A bench of Justice Milind N Jadhav...

7 Years On, Kerala Yet To Frame Rules For Periodic Inspection Of Clinical Establishments: High Court Expresses Concern

The Kerala High Court has expressed concern over the State Government's failure to frame rules for conducting periodic inspections of clinical establishments, including government hospitals, even seven years after enactment of the Clinical Establishments (Registration and Regulation) Act, 2018.The division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was hearing ...

Juvenile Over 16-Yrs Age Accused Of 'Heinous Offence' Also Entitled To Bail U/S 12 JJ Act: Patna High Court Reiterates

The Patna High Court granted bail to a juvenile accused of sexually assaulting a minor girl, observing that Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015 does not provide any classification on grant of bail and the provision applies to all children-in-conflict with law without any discrimination. It further observed that the even juveniles who are above...

S.156(3) CrPC | Omission To File Affidavit Along With Complaint A Fatal Procedural Defect: Orissa High Court

The Orissa High Court has reiterated that omission to file an affidavit supporting the contents of a complaint under Section 156(3) of the Criminal Procedure Code (CrPC) is a fatal procedural defect which goes to the root of the matter and renders the very initiation of criminal action based on such complaint a nullity.While setting aside the orders of two lower Courts, which denied to...

Depicting Hindu Gods Disrespectfully Can't Be Justified: Madras High Court Sets Aside Order Closing Case Over FB Post On Lord Krishna

The Madras High Court has recently remarked that the depiction of Hindu gods in a disrespectful manner could not be justified. The court added that depicting Gods in such a manner had the potential to spark enmity, religious outrage, and affect the communal harmony. Justice K Murali Shankar added that, considering the respect that was given to the religious symbols and deities,...

Allahabad High Court Fines Lucknow Development Authority ₹50K For Trespassing On Private Property

The Allahabad High Court imposed cost of Rs. 50,000 on Lucknow Development Authority (LDA) for trespassing on private property of a party and dispossessing him, without sanction of law.The high court thus directed the LDA to restore the "possession of the shop" to the petitioner "forthwith". Petitioner owned a shop in Sahara Bazar, Vibhuti Khand, Gomti Nagar, Lucknow which was leased to...

PIL Before Kerala High Court Seeks Peaceful Resolution Of Human-Wildlife Conflicts, Implementation Of CAG Recommendations

A public interest litigation (PIL) has been moved before the Kerala High Court by wildlife activist Angels Nair praying for peaceful resolution of wildlife conflicts in the State.The PIL also prays for the implementation of the recommendations dated 31.03.2022 made by the Comptroller and Auditor General (CAG) regarding preventive and mitigative measures in respect of Human Wildlife...

Madras High Court Orders Police Protection For Theatres Screening Vijay Deverakonda's 'Kingdom' Movie

Madras High Court has directed the Tamil Nadu Police to provide protection to movie-theatres screening the Vijay Devarakonda starrer “Kingdom”. The direction assumes significance amid backlash from Naam Tamilar Katchi (NTK) party chief Seeman, who took offence to the manner in which the Tamil Ellam issue is allegedly portrayed in the movie. Justice Bharatha Chakravarthy observed...