High Courts
Service Of Notice On Adult Member Of Noticee Is Valid U/S 153 Of Customs Act, 1962: Kerala High Court
The Kerala High Court stated that service of notice on the adult member of noticee is valid under Section 153 Of Customs Act, 1962. Section 153 of the Customs Act, 1962, outlines the modes of service for notices, orders, summons, and other communications under the Act and its rules. Justice Ziyad Rahman A.A. stated that “the contentions that the assessee was denied a...
Can't Reject Claim Of Infringement Merely Because Defendant Could Seek Removal Of Plaintiff's Trademark Due To 'Non-Use': Delhi High Court
The Delhi High Court has made it clear that a registered trademark owner's claim against infringement cannot be rejected merely on the ground that the defendant could have sought removal of the mark from the trademark's register under Section 47 of the Trademarks Act, 1999 on grounds of 'non-use'.Section 47 deals with the right of one person to apply to the Registrar of Trade Marks to have...
'Amnesty From Penalty Under Stamp Act Does Not Create Right Of Registration Of Instrument Beyond Limitation Period': Bombay High Court
The Bombay High Court has held that payment of stamp duty under the Maharashtra Stamp Duty Amnesty Scheme, 2023, cannot override the statutory time limits prescribed under the Registration Act, 1908, for presentation of documents. It dismissed a petition challenging the refusal to register a 1987 Development-cum-Sale Agreement despite payment of stamp duty under the Amnesty Scheme.Justice...
Customs Cannot Rely On S.122A To Deny Personal Hearing Mandatory U/S 28(8) Of Customs Act: Kerala High Court
The Kerala High Court stated that customs cannot rely on Sec. 122A to deny personal hearing mandatory under Section 28(8) of the Customs Act. Justice Ziyad Rahman A.A. after analysing Section 28(8) of the Customs Act observed that it is evident that, as far as personal hearing is concerned, it is made mandatory as per the provision. Since this is a special provision deals with the...
Payments Made To AWS For Cloud Computing Services Not Taxable: Delhi High Court
The Delhi High Court has held that payments made to Amazon Web Services (AWS) for cloud computing services do not qualify as “royalty.” The bench, comprising Justice Vibhu Bakhru and Justice Tejas Karia, upheld the Income Tax Appellate Tribunal's (ITAT) decision which held that such payments are not taxable as royalties or fees for technical services (FTS). The Court referred...
MP High Court Issues Notice On PIL Seeking Ramps In All Public And Private Buildings In Indore For Access To Persons With Disabilities
The Madhya High Court recently issued notice on a PIL seeking proper enforcement of provisions under the Rights of Persons with Disabilities Act, 2016, particularly construction of ramps and related accessibility measures in public and private buildings in Indore.A division bench of Justice Vivek Rusia and Justice Binod Kumar Dwivedi issued notices to the to the Centre, State and the...
Claims Of Wife's Mental Illness Must Be Proved Through 'Cogent Evidence': Jharkhand High Court Denies Husband's Plea For Divorce
The Jharkhand High Court has held that a claim of spouse's mental illness as a ground for divorce under Section 13(1)(iii) of the Hindu Marriage Act, 1955 must be backed by "cogent, tangible and reliable evidence." A division bench of Justice Sujit Narayan Prasad and Justice Rajesh Kumar observed that in the absence of documentary proof such as a psychiatrist's opinion or records of...
Delhi Petrol Pumps Approach High Court Against Penalties For Supplying Fuel To End-of-Life Vehicles
The Delhi High Court has sought a response from the Delhi government on a petition filed by the Delhi Petrol Dealers Association, which has challenged the prosecution of fuel pump owners for supplying fuel to End of Life Vehicles (ELVs), which are petrol vehicles aged above 15 years and diesel vehicles aged above 10 years.Justice Mini Pushkarna, while issuing notice on the petition to...
Delhi High Court Modifies MTP Order After Minor Rape Survivor Agrees To Carry Pregnancy, Orders Free Medical & Psychological Help By AIIMS
A minor rape survivor, who had sought termination of her 27-week pregnancy, agreed before the Delhi High Court on Thursday to carry the child after AIIMS's medical board opined that the pregnancy be prolonged to 34 weeks of gestational period for the best interest of the girl as well as the baby.A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal modified a...
Drugs & Cosmetics Act | 'Rule-Making Power Lies Only With Centre': HP High Court Quashes SOPs By State Drug Controller
The Himachal Pradesh High Court has held that the State Drug Controller does not have the authority to issue an Office Order or Standard Operating Procedure, as rule-making power under the Drugs & Cosmetics Act lies exclusively with the Central Government.Justice Ajay Mohan Goel: “In this view of the matter, when the Rule making power is exclusively conferred upon the Central Government...
S.483(3) BNSS | High Court Can't Cancel Bail Granted By Sessions Court In Absence Of Breach Of Conditions: Karnataka HC
The Karnataka High court has said that in absence of any violation of bail conditions, the order of Sessions Court granting bail to an accused cannot be sought to be cancelled before the High Court by filing an application under Section 483(3) of BNSS, 2023.A Single judge, Justice V Srishananda held thus while dismissing the petition filed by the mother of a rape victim, challenging grant of...
Arbitrary Disciplinary Proceedings By SBI, Termination Held Invalid, Orissa HC Awards Compensation
A Division bench of the Orissa High Court comprising Chief Justice Harish Tandon & Justice K.R. Mohapatra held that disciplinary action notwithstanding scrutiny on fairness and procedural compliance is arbitrary, and in cases of superannuation of Workman, monetary compensation may be awarded in lieu of reinstatement. Background Facts The workman was appointed as a Messenger...