High Courts
GST | Delhi HC Rebukes Trend Of Persons Who Wrongfully Avail ITC By Invoking Writ Jurisdiction; Imposes ₹1 Lakh Cost
The Delhi High Court has criticized the “pattern” of persons, who either availed fraudulent Input Tax Credit or enabled the availment of fraudulent ITC, invoking Court's writ jurisdiction to challenge orders imposing penalty under Section 74 of the Central Goods and Services Act 2017, on technical grounds.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta...
Gujarat High Court Permits Termination Of Minor Rape Survivor's 33-Week Pregnancy, Says She Has A Long Life Before Her
The Gujarat High Court on Monday (May 12) directed the medical termination of a minor rape survivor's 33-week pregnancy, ordering the authorities to carry out the procedure at the earliest after obtaining "express consent" of the parents and explaining the risks to them in the language they understand. Justice Nirzar S Desai passed the order after examining a report submitted by senior...
Guardian & Wards Act | Child's 'Ordinary Residence' For Court's Jurisdiction Need Not Be Permanent Residence, It's A Question Of Fact: P&H HC
The Punjab & Haryana High Court has made it clear that for determining Court's jurisdiction "ordinarily resident" of child need not be permanent or or uninterrupted residence.According to Section 9 of the Guardians And Wards Act, if the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where...
Patna High Court Weekly Roundup: May 05 - 11, 2025
Citations: 2025 LiveLaw (Pat) 46 To 2025 LiveLaw (Pat) 51NOMINAL INDEXAvanish Kumar Singh v. The State of Bihar & Ors. 2025 LiveLaw (Pat) 46 CTS Industries Limited vs. Directorate General of GST Intelligence 2025 LiveLaw (Pat) 47 Dr. Mamta Sinha vs. The State of Bihar & Anr. 2025 LiveLaw (Pat) 48 Siddartha Travels v. Principal Commissioner of CGST and Central Excise & Ors....
Right To Education Act | Diploma Or Bachelor's In Elementary Education Essential For Junior Teacher Post: Punjab & Haryana HC
The Punjab & Haryana High Court has said that the essential qualification for the post of Junior Basic Teacher (JBT) should be in conformity with the Right To Education Act (RTE) and the National Council for Teacher Education (NCTE) which is either Diploma in Elementary Education or Bachelor in Elementary Education. The Court was hearing a plea filed by the Chandigarh...
[NDPS Act] Default Bail Can't Be Granted Upon Timely Filing Of Chargesheet, Even If Not Accompanied With Chemical Report: Calcutta High Court
The Calcutta High Court bench of Justices Debangsu Basak and Md. Shabbar Rashidi has held that the right to default bail is defeated once a chargesheet is filed within the statutory time period. Even if the chargesheet is not accompanied by a Chemical Examination Report, it cannot be deemed incomplete provided the evidence collected during the investigation is sufficient to proceed against the accused. A charge sheet without the Chemical Examination Report filed within time is nonetheless a...
When Assessee-Company Can Prove Genuineness Of Transaction, Delhi HC's 'NR Portfolio' Judgment Not Applicable: Calcutta HC
The Calcutta High Court has made it clear that the Delhi High Court decisions in NR Portfolio and Navodaya Castles will hold no value where an assessee-company establishes the identity of its shares subscribers, creditworthiness of the share subscribers and genuineness of the transactions.In CIT v. NR Portfolio Private Limited (2014) and in CITA v. Navodaya Castles Private Limited (2014),...
Change Of Counsel Is Not Grounds To Recall Witness, Accused Can't Hijack Proceedings Of Court As Per Convenience: Madhya Pradesh HC
The Indore Bench of Madhya Pradesh High Court has held that change of counsel cannot be a ground to recall a witness.A single judge bench of Justice Gurpal Singh Ahluwalia observed “It is clear that only change of counsel cannot be a ground to recall a witness. Even otherwise, convenience of witnesses cannot be ignored and the accused cannot be allowed to hijack the proceedings of the...
Suitability Of PwD Candidate Must Not Solely Be Assessed Based On Medical Certificate But Also Functional Assessment: Karnataka HC
The Karnataka High Court has said that the assessment of the suitability of a candidate who is suffering from physical disability must not be based solely on the medical certificate, but also on the functional assessment of the candidate.A division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while allowing an appeal filed by Anil Kumar S B who had challenged a...
Not Required To Hear Accused While Taking Cognisance U/S 223 Of BNSS For Complaints Made Under NI Act: Karnataka HC
The Karnataka HIgh Court has said that the procedure of hearing the accused at the stage of taking cognizance of the complaint as prescribed in the first proviso to Section 223 of BNSS shall not apply to the complaints for offence made under Section 138 of Negotiable Instruments Act.For context, Section 223 of BNSS makes a departure from the earlier provision contained in Section 200...
Writ Against Third Party Is Maintainable Despite Arbitration Clause When There Are No Disputes Between Contracting Parties: Calcutta HC
The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that when there are no disputes or differences between the parties to an agreement containing an arbitration clause, a writ petition may be entertained against a third party for arbitrary deduction of demurrage amounts. The existence of an arbitration clause between the...