High Courts
High Court Raps Delhi Govt, DDA For Making No Progress In Construction Of Residential Flats For Judges
The Delhi High Court on Thursday rapped the Delhi government and the Delhi Development Authority (DDA) for making no progress in the construction of flats and official residences for judicial officers in the national capital.A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that the Court had made a request to the DDA in the matter but it had fallen on...
Muslim Father Who Gifts Property To Son Need Not Hand Over 'Actual & Physical' Possession, Can Reside In Same Property: Bombay High Court
A Muslim father, who transfers his property to his son as a gift known as 'Hiba' under the Islamic Law, can continue to reside in the said property along with his son and need not leave the said residence as the law does not mandate delivery of 'actual and physical' possession of the property other it only provides for 'constructive possession', the Nagpur bench of the Bombay High Court...
Is Use Of Smoke Canister 'Terrorist Act'? If So, Every Holi & IPL Match Will Attract UAPA : Delhi High Court To Police
The Delhi High Court on Thursday orally remarked that if using smoke canister is a terrorist act, then every holi and IPL match will also attract the offence under UAPA. The remark came from a division bench comprising Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar which was hearing the bail plea of Neelam Azad, accused in 2023 Parliament security breach case. The Court...
Bombay High Court Orders Maha Govt To Upload State's Prison Manual & Police Manual On Internet To Educate Citizens
The Bombay High Court on Thursday ordered the Maharashtra Government to put up the State's Prison Manual and also Police online so as to help prisoners and their relatives learn more about their rights, while in jail. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the Prison Manual is one of the documents which is not on available on the internet and thus...
Himachal Pradesh HC Flags Moral & Professional Decline In Police Force, Suggests Reforms Like 8-Hour Shifts, Psychiatric Counseling
Expressing concern over the “moral and professional deterioration” within sections of the police force, the Himachal Pradesh High Court on Monday suggested a slew of measures aimed at reforming and modernising the state police. The suggestions include 8-hour shifts, welfare corpus, housing scheme, career promotions, liberal leave policy, recreational facilities (gym, pool), access...
S.13 Income Tax Act | Charitable Trust's Status Not Affected For Making Reasonable Payments On Services Rendered By Related Party: Delhi HC
The Delhi High Court has held that a Charitable Trust's status cannot be taken away citing violation of Section 13 of the Income Tax Act, 1961 merely because it made reasonable payment for services rendered by a related party.Ordinarily, Charitable Trusts are not allowed to make payments for the benefit of 'prohibited parties'.Section 13 states that exemptions to Charitable Trust under...
Police Acting Like Court: Punjab & Haryana HC Slams Haryana Police For Wrong Interpretation Of Law In Corruption Cases, Summons Top Officials
It is strange to note that the police officials are apparently acting like a court of law—releasing case property on superdari and deciding the admissibility of evidence, observed the Punjab and Haryana High Court, while slamming Haryana's Anti-Corruption Bureau for deviating from principles of criminal law.The Court highlighted that the State's Anti Corruption Bureau (ACB) by...
S.107(6) Of CGST Act Does Not Grant Discretion To Court For Waiving Pre-Deposit At Time Of Filing Appeal: Delhi High Court
The Delhi High Court has made it clear that it has no discretion to allow a prayer seeking waiver of pre-deposit condition prescribed under Section 107(6) of the Central Goods and Services Tax Act, 2017 for preferring an appeal under the statute.In terms of Section 107(6), insofar as the admitted tax, interest or penalty is concerned, the entire amount would have to be deposited. In so far as...
Submitting Invalid But Genuine Certificate In Recruitment Process Is Neither Fraud Nor Misrepresentation For Disqualifying Candidate: J&K High Court
The Jammu and Kashmir High Court held that submitting a certificate issued by an unrecognised organisation could at best be considered as invalid for the purposes of recruitment but same does not amount to fraud or misrepresentation on the part of the candidate.The name of the petitioner was dropped from the provisional selection list on the ground that he had submitted a fake National...
Statement Of Child Victims Susceptible In Imposing Atmosphere Of Courtroom: J&K HC Upholds Man's Sentence For Sexually Assaulting 4-Yr-Old
The Jammu and Kashmir & Ladakh High Court has underscored the inherent vulnerability of child witnesses in courtroom settings while upholding the conviction of Dinesh Kumar for sexually assaulting a minor girl in Leh in the year 2017.Justice Sanjay Dhar dismissed the appeal, affirming an 8-year rigorous imprisonment sentence under Section 376 of the Ranbir Penal Code (RPC), and...
Grant Temporary Leave To Undertrials To Attend Relative's Funeral Without Forcing Them To Approach Court For Interim Bail: Madras HC To State
The Madras High Court has asked the State and the Prisons Department to grant temporary leave to undertrial prisoners, allowing them to attend the cremation/funeral of their relatives without forcing them to approach the High Court to get interim bail. “The Principal Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Fort St. George, Chennai and...
Financial Institution Necessary Party To Challenge Freezing Order: AP High Court Rejects School Teacher's Plea Against Account Freeze
The Andhra Pradesh High Court has dismissed a Government school teacher's plea against freezing of her account by SBI– following an arbitral tribunal's order, after noting that the petitioner had neither impleaded the financial institution which had obtained the freezing order nor had the exhausted alternate remedy under the Arbitration Act.Emphasizing on significance of impleading a...