Constitutional Courts Must Prevent Fraudulent Gains, Writ Of Certiorari Can Be Denied Over Allegations Of Fraud Requiring Enquiry: J&K High Court

Underscoring the duty of constitutional courts to ensure that no one benefits from fraudulent acts the Jammu and Kashmir and Ladakh High Court refused to grant the writ of certiorari, emphasizing that when allegations of fraud are raised, the court must inquire into the matter to ensure substantial justice between the parties.“It is the duty of the constitutional courts to ensure that no...

Income Tax Rules | Centre's Power To Relax Conditions Under Rule 9C Exceptional & Discretionary, Not Ordinarily Subject To Judicial Review: Delhi HC

The Delhi High Court has made it clear that the power of the Central government to relax conditions prescribed under Rule 9C of the Income Tax Rules 1962, read with Section 72A of the Income Tax Act, 1962, is exceptional, discretionary and cannot ordinarily be subject to judicial review.In terms of Section 72A of the Act, the accumulated losses and unabsorbed depreciation of the...

Uttarakhand HC Stays Coercive Actions Against Journalist In FIR Over Facebook Post On 20 Y/O Girl's Hit & Run Case

Last week, the Uttarakhand High Court stayed coercive action against a journalist who has been booked by the state police for posting on Facebook about a hit-and-run case involving a 20-year-old girl, wherein he had stated the police were yet to arrest anyone in the case. A bench of Justice Pankaj Purohit perused the alleged post and noted that no prima facie offence was made against...

CSR Funds Scam: NGOs Approach Kerala High Court Seeking Investigation, Action Under Banning Of Unregulated Deposit Schemes Act

Seven NGO's from across the State have approached the Kerala High Court seeking direction to the Chief Secretary to investigate and take action against the National NGO's Confederation and others responsible for the CSR funds scam under the Banning of Unregulated Deposit Schemes Act 2019 (BUDS Act).The matter came up before Justice Kauser Edappagath today and it is posted to March 27 for...

Bombay High Court Allows Family To Exchange ₹20 Lakh 'Demonetised' Notes As Income Tax Department Had Seized The Currency

The Bombay High Court recently came to the aid of a group of people from Maharashtra's Kolhapur district and ordered the Reserve Bank of India (RBI) to accept their demonetised notes worth Rs 20 lakhs, which were seized by the Income Tax in December 2016 and returned to them after the deadline to exchange the old notes.A division bench of Justices Atul Chandurkar and Milind Sathaye noted that...

Accused Granted Bail In FIR Cannot Be Re-Arrested For Different Offence In Same Case After Unreasonable Delay: J&K High Court

The Jammu and Kashmir High Court held that it would amount to a gross deprivation of liberty if an accused who has already been granted bail in the case FIR is charged and arrested for a different offence after a period of 15 years.The trial court had returned the final report as not being in accordance with the law. It had pinpointed that the investigation in the case began under...

Section 161 CrPC | Witness Statements Recorded During Probe Not Enough To Convict: Rajasthan HC Upholds 34-Yr-Old Murder Acquittal

Upholding a 1991 acquittal order of the sessions court, the Rajasthan High Court said that the statement of the witnesses recorded during investigation under Section 161, CrPC cannot be a basis to convict an accused especially for a serious offence like murder. In doing so the court observed that witness statements under Section 161 are used to merely contradict a witness with their...

Surat Rape Case: Gujarat High Court Directs State Authorities To Decide Narayan Sai's Furlough Plea Expeditiously

The Gujarat High Court on Tuesday (March 11) directed the concerned authorities to decided Asaram Bapu's son Narayan Sai's plea for furlough expeditiously, preferably within 30 days. In 2019 Sai was convicted and sentenced to life imprisonment by a Sessions Court in Surat in a rape case. His appeal against this decision is pending before the high court.Justice MR Mengdey while dictating the...

'No Record Of His Engagement By Law Ministry': Allahabad HC On Lawyer's Plea For ₹1 Crore Legal Fees For 'Saving' Ex-CJI From 'Insult'

Dismissing a lawyer's plea seeking a direction to the Union Ministry of Law and Justice to pay him Rs. 1 crore legal fees for filing cases to save the then Chief Justice of India, Justice Dipak Misra, from "humiliation, insult, torture, and removal”, the Allahabad High Court observed in its order that there is nothing on record to indicate that the Ministry had ever engaged him...

Recovery Of Stamp Duty Not Levied Or Short Levied Can Be Done Only Within Five Years After Registration Of Documents: Karnataka HC

The Karnataka High Court has reiterated that proceedings by way of show cause notice under Section 46A of the Karnataka Stamps Act for recovery of stamp duty not levied or short levied cannot be initiated five years after the registration of the document, being the date on which the stamp duty fell due.Justice Suraj Govindaraj said this while allowing a petition filed by B C Prasad challenging...

Courts Cannot Compel Employers To Retain Contractual Employees Or Alter Terms Of Employment: J&K High Court

Dismissing a plea filed by 150 contractual healthcare workers seeking continuation of their services in Government Medical College (GMC), Jammu the Jammu and Kashmir and Ladakh High Court has reaffirmed that once a contract of employment has been mutually agreed upon without any objection or reservation, courts lack the jurisdiction to compel an employer to maintain the contract or alter...

Mortgagee Has Inherent Right To Put Property On Public Auction In Case Of Failure Of Payment: Punjab & Haryana HC

The Punjab & Haryana High Court has said that the mortgagee has a right to sell the mortgage property in a public auction if the borrower fails to pay the stipulated instalments. Justice Sureshwar Thakur and Justice Vikas Suri said, "there is an inherent right in the mortgagee to, on the failure of liquidation of the relevant installments by the borrower, thus to subject the subject plot...