Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court

The Andhra Pradesh High Court has held that pleadings relating to suppression of material facts, in an assessment order are the sine qua non for invoking section 21(5); by way of which limitation for filing an assessment order is extended to 6 years from 4 years. "There is nowhere any mention of suppression of facts, much less, wilful suppression of facts, resulting in wilful evasion...

Bombay High Court Permits Adani Electricity To Cut Mangroves For Power Transmission Project Near Vasai Creek

The Bombay High Court has permitted Adani Electricity Mumbai Infra Ltd to cut 209 mangroves for setting up an electricity transmission line near the Vasai creek for the supply of electricity to Mumbai and the suburbs around it.In view of the judgment of the High Court in Bombay Environmental Action Group & Anr vs. State Of Maharashtra & Ors (PIL No. 87 of 2006), the permission from...

Statutory Remedy To Address Grievance On Implementation Of MNREGA Scheme Exists, PIL Can't Be Entertained: Gujarat High Court

While rejecting a PIL alleging irregularities in implementation of the scheme framed under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Gujarat High Court on Tuesday (February 11) said that since a statutory remedy exists for addressing any grievances on the scheme's implementation a PIL cannot be entertained.A division bench of Chief Justice Sunita Agarwal and...

Punjab & Haryana HC Acquits Man Of 'Unsound Mind' Convicted Of Murdering 3 Yr-Old Daughter, Says Insanity Doesn't Render Person Inhuman

Finding that the convict was mentally unsound at the time of incident, the Punjab & Haryana High Court acquitted a man convicted and sentenced to life imprisonment for the murdering his three-year-old daughter.The Court allowed the defence under Section 84 IPC to the convict since mens rea was absent due to the accused's prolonged mental illness and he was incapable of understanding...

Role Limited To Setting Paper: Gujarat HC Rejects Examiner's Plea Alleging University Illegally Gave Marks To Failed Students, Fines ₹50K

The Gujarat High Court dismissed with Rs. 50,000 cost an examiner's appeal who had alleged that Pandit Deendayal Energy University (PDEU) “manipulated the results to preserve its reputation” by illegally assigning marks to 30 students who had actually failed as per his assessment, underscoring that the plea was “a sheer abuse of the process of the Court.”In doing so the court noted...

Delhi High Court Directs Blocking Access Of IPTV Websites Infringing Star India's Content

The Delhi High Court has issued a temporary injunction in favour of the entertainment and media company, Star India Pvt. Ltd, against infringement of its copyrights and broadcast reproduction rights by IPTV streaming applications.Star India Pvt. Ltd broadcasts popular content on its STAR channels including live sports content, trailers of upcoming films and television serials. It owns...

Mere Recovery Of Amount Without Conclusive Proof Of Demand Not Sufficient To Prove Charges Under Prevention Of Corruption Act: J&K High Court

The J&K High Court has held that a material discrepancy in the prosecution's case with respect to the mode and manner in which the demand for a bribe is made is sufficient to acquit the accused under the Corruption Act. The court also emphasized the principle that "Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, without proof of the demand,...

Person Accused Of Vandalising Property Upon Trespass Can Be Asked To Deposit Damages As Condition To Grant Bail: Kerala High Court

The Kerala High Court has held that a person booked for committing mischief under Section 324 of BNS along with house-trespass under Section 333 of BNS, can be asked to deposit an amount in accordance with the damage allegedly caused by him, as a condition precedent to bail. Justice P. V. Kunhikrishnan held that the courts should compulsorily impose this condition while giving bail and...

Excluding Psychiatric Treatment From Medical Reimbursement Schemes Violates Mental Healthcare Act: Jharkhand High Court

The Jharkhand High Court has held one cannot be denied reimbursement for expenses incurred to get treatment for mental health, ruling that excluding psychiatric treatment from medical reimbursement schemes violates the Mental Healthcare Act, 2017. It was emphasized by the Court that the treatment of mental health is required to be treated on a par with physical healthcare and that...

S. 377 IPC | 'Unnatural' Sex By Husband With Wife Without Her Consent Is Not An Offence: Chhattisgarh High Court

"Sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance," the Court said.

Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court

The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence.A single judge, Justice H P Sandesh dismissed the petition filed by Sunil Yadav who was convicted for offences...

Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'

The Nagpur bench of the Bombay High Court recently quashed a criminal case lodged against Nestle India for using "substandard" materials for producing "Maggi" and breaching the provisions of the Food Safety Standards (FSS) Act.The company was also facing criminal proceedings for violations of the regulations provided under the Food Safety Standards (Food Product Standards and...