Wife's Repeated Absence From Matrimonial Home, Subsequent Institution Of Multiple Complaints Amounts To Cruelty: Delhi High Court

The Delhi High Court has ruled that a wife's repeated absence from the matrimonial home and subsequent institution of multiple complaints against the husband and his family members amounts to cruelty. A division bench comprising Justice Anil Kshetarpal and Justice Harish Vaidyanathan Shankar said that the persistent deprivation of conjugal companionship constitutes an extreme form of cruelty....

MP High Court Takes Suo Moto Cognizance Of Own Judge's "Damning & Disparaging" Remarks Against Sessions Judge

In a rare move, the Madhya Pradesh High Court has initiated suo motu proceedings over a it's own judge's "damning" order making "disparaging" remarks against a Trial Court judge, while hearing a corruption-related bail matter. The Single Bench, in its order of September 12, had called for an inquiry and disciplinary action against a Sessions Judge for allegedly dropping charges against...

Delhi High Court Denies Bail To Afghan National Found Smuggling Over 900 Grams Of Heroin Capsules Inside Body

The Delhi High Court has denied bail to an Afghan national, caught smuggling 905 grams Heroin into India, inside his stomach.Justice Neena Bansal Krishna found that the recovery was made after keeping the accused in hospital for several days, waiting for him to excrete as many as 113 capsules. The bench thus observed,“Here is a case where the Applicant was trying to import into India 905...

Income Tax Act | To Claim Deduction U/S 54F, Assessee Must Show Intention To Repay Borrowed Funds With Capital Gains: Kerala HC

The Kerala High Court stated that to claim the Section 54F deduction under the Income Tax Act, the assessee must satisfy the authorities that borrowed funds were used at their own risk with the intention to be repaid with capital gains. Section 54F of the Income Tax Act, 1961, allows a tax exemption on capital gains earned from selling a residential property, but only if certain...

'Lawyers Filing Plea Even Without Meeting Clients': Delhi High Court Flags Rise Of Fictitious Firms In GST Cases

The Delhi High Court has flagged the trend of lawyers filing GST cases on behalf of 'fictitious' firms, without even meeting the client, even for the purpose of attestation and notary.A division bench of Justices Prathiba M. Singh and Harish Vaidyanathan Shankar made the observation while dealing with a petition seeking review of the order cancelling Petitioner's GST registration...

Does Immunity U/S 14 Of South Asian University Act Bar Courts From Exercising Writ Jurisdiction Over It? Delhi HC To Examine

The Delhi High Court is set to examine the issue of whether the South Asian University (“SAU”), by virtue of section 14 of the SAU Act 2008, read with Section 3 and the schedule appended to the United Nations (Privileges and Immunities) Act, 1947 (“1947 Act”), is amenable to Writ jurisdiction of the High Court. The division bench of Chief Justice D.K. Upadhyaya and Justice Tushar...

Calling Daily Wagers' Service 'Casual' Is Morally Unjust, Shouldn't Be Left Stranded In Twilight Years: Punjab & Haryana High Court

In a strong observation on the treatment of contractual workers, the Punjab and Haryana High Court has stated that labeling the service of daily wagers as merely 'casual' is "morally unjust." The Court emphasized that individuals who devote their entire working lives to public service should not be left without security or support in their twilight years.The Court allowed plea of Daily wagers...

Scope Of Appeal Is Limited U/S 28KA Customs Act; Advance Ruling Binding Unless Arbitrary: Madras High Court

The Madras High Court has held that the scope of appeal is limited under Section 28KA of the Customs Act and an advance ruling is binding unless it is palpably arbitrary or irrational. Section 28KA of the Customs Act, 1962 provides that an appeal can be filed to the appellate authority against any ruling or order passed by the Authority within sixty days from the date of communication...

Identification Of Accused In Court Is Substantive Evidence, Mandatory Even If Witness Personally Knows Accused: Kerala High Court

The Kerala High Court has set aside the conviction of three men for criminal trespass and mischief by fire, noting that the trial court while recording the deposition of prosecution witnesses did not record that the witnesses had identified the men in court nor did the prosecutor pose questions to the witnesses for identification. It was alleged that the accused, in furtherance of their...

Private Schools Bound By Obligations Under RPwD Act, Must Provide 'Reasonable Accommodation' To Disabled Students: Delhi High Court

The Delhi High Court on Tuesday observed that private schools must take adequate measures to overcome the learning disabilities of children and provide “reasonable accommodation” to them under Section 16 of the Rights of Persons with Disabilities (RPwD) Act, 2016. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that “inclusive education” can...

Tax Exemption Cannot Be Claimed For Inter-State Purchases Without Segregating Local Purchases: Madras High Court

The Madras High Court has held that if the assessee has purchased goods both within the State and from other States, then to claim exemption for inter-State purchases, the purchases made within the State must be segregated from those made from others. Justices S.M. Subramaniam stated that when the facts are established in clear terms that the goods were found mingled during...

Socio-Economic & Educational Survey 'Voluntary', Citizens Can Refuse To Give Data: State Tells Karnataka High Court

The Karnataka High Court on Tuesday heard a challenge against the State's approval to conduct a survey of the social and educational status of citizens under the supervision of the Karnataka State Backward Classes Commission.In opposing the challenge as well as stay of the survey, Senior Advocate Abhishek Manu Singhvi, appearing for the State, submitted that the petitioners had...