High Courts
Court's Attitude In Posting Matter To A Long Date Defeats Purpose Of Urgent Notice Under O.39 R.1 CPC: Andhra Pradesh HC
The Andhra Pradesh High Court has observed that the purpose of issuing urgent notice under Order 39 Rule 1 CPC, even if the court does not grant a temporary injunction, is to address situations requiring immediate action and in such cases the attitude of the Courts in posting the matter to a longer date defeats the purpose of the provision. Justice K. Manmadha Rao observed that such...
“Completely Unacceptable”: Delhi High Court Pulls Up Customs For Prolonged Detention Of Export Goods Despite Dept's Circular
The Delhi High Court has criticised the Customs Department for acting against its own Circular for expeditious clearance of goods, by detaining the export goods of a trader for over two months.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed, “This position is completely unacceptable to the Court…consignment cannot be held up in this manner…expedited...
Delhi High Court Slams CBIC For Cryptic Order Denying Duty Drawbacks To Vedanta Despite Its Own Instructions Allowing Retrospective Benefit
The Delhi High Court has asked the Central Board of Indirect Taxes and Customs to pass a “reasoned order” on Indian multinational mining company- Vedanata's plea claiming duty drawbacks on clean energy cess, paid between the year 2010-17.The plea was rejected by CBIC through a “cryptic order” citing limitation despite its own Instruction clearing air on eligibility of drawbacks on...
Non-Payment Of Service Tax By Sub-Contractor Due To Uncertainity Not Wilful Misstatement Or Fraud: Delhi HC Upholds CESTAT Order
The Delhi High Court has upheld an order of the Customs Excise and Service Tax Appellate Tribunal interdicting the GST Department from invoking extended period of limitation for recovery action against a sub-contractor who did not pay service tax amid confusion as to his liability to pay the same.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta upheld the CESTAT order...
Writ Petition Is Not An Appropriate Remedy To Seek Enforcement Of Arbitral Award: Delhi High Court
The Delhi High Court bench of Justice Jyoti Singh held that when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation. The court found merit in the preliminary objection of the Railways that a writ is not the appropriate remedy for the petitioner to seek enforcement of the...
Whether Rights In Favor Of Third Party Are Created In Property Which Is Subject Matter Of Arbitration Cannot Be Decided Under Writ Jurisdiction: Karnataka HC
The Karnataka High Court bench of Mr Justice Krishna S Dixit and Mr Justice Ramachandra D. Huddar has held that whether rights in favor of a third party based on sale deeds have been created in the property, which is the subject matter of arbitration, cannot be decided by the court under writ jurisdiction. Brief Facts: The petitioner is the third party purchaser of the plots in...
'Can't Step Into Evaluator's Shoes, Assessment Is Subjective': Gujarat HC Rejects Plea For Re-Evaluation In District Judge Promotion Process
The Gujarat High Court has observed that assessment of judicial officers' decisions for the purpose of promotion is a subjective exercise and it would be impossible to maintain uniformity in such assessments, adding that questioning the same would dent the sanctity of the recruitment process. It further observed that if the officer's annual confidential reports (ACR) are relied on to question...
Giving Speeches Creating Legal Awareness, Training People How To Respond To Police Enquiries Not 'Anti-National' Activity: Bombay High Court
Merely giving speeches about legal awareness and making the members aware about their rights and how to respond when the police comes for an enquiry is not an 'anti-national' activity, the Bombay High Court held on Friday while ordering release of a member of the Popular Front of India (PFI).A division bench of Justices Sarang Kotwal and Shriram Modak granted bail to Shaikh Sadique Isaq...
Mere Call Records Without Voice Recordings May Not Be Sufficient For Conviction U/S 27-A Of NDPS Act: J&K High Court Grants Bail To Alleged Drug Supplier
"CDR details showing contact between the petitioner and the co-accused, without there being any voice recording relating to conversation between them, may not be sufficient to convict the petitioner for offence under Section 27-A of NDPS Act, though it raises a suspicion about his involvement in the alleged crime," observed Justice Sanjay Dhar of the Jammu & Kashmir and Ladakh High...
Kerala HC Orders Preservation Of CCTV Footage Of Police Station Over Allegations Of Fake NDPS Case Against Mentally Challenged Person
The Kerala High Court has ordered preservation of the CCTV footage in the Cheranelloor Police Station after a 22-year-old mentally challenged person filed a petition before the Court stating that a fake NDPS case was registered against him out of personal rivalry.The petitioner stated that he was bought to the police station by his father after his father received a call from the police...
S.482 CrPC | Courts Duty Bound To Examine Overall Circumstances To Probe Malicious Intent In Criminal Cases: J&K High Court
The Jammu and Kashmir and Ladakh High Court has held that while exercising its inherent power under Section 482 of the Code of Criminal Procedure (Cr.P.C), it is the duty of the Court to look beyond the mere allegations in an FIR or complaint and assess the attending circumstances to determine if the criminal proceedings have been initiated maliciously.Justice Sanjay Dhar emphasized that if it appears that criminal law is being used as a weapon for personal vendetta, the Court must intervene to...
Confession By Accused Implicating Other Co-Accused Can Be Taken As 'Lead' In Investigation, Admissible U/S 30 Of Evidence Act: AP High Court
The Andhra Pradesh High Court has held that confessional statements made by the accused during interrogation can be considered or looked into to connect the other co-accused and such a disclosure statement can be taken into consideration to provide a lead in the investigation.Justice T. Mallikarjuna Rao further held that such a statement is admissible under Section 30 of the Indian Evidence Act. Section 30 provides for consideration of proved confession affecting the person making it and others...