S.28(4) Customs Act | Genuine Disagreement With Department Regarding Classification Of Goods Not 'Suppression Of Facts' By Trader: Delhi HC

The Delhi High Court has held that merely because there is disagreement between the Customs department and a trader regarding the classification of the latter's goods for the purpose of levying duty, it does not mean that the trader has indulged in 'suppression of facts' from the Department.The expression is relevant in terms of Section 28(4) of the Customs Act, 1962, which provides for...

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case

The Himachal Pradesh High Court has upheld an acquittal in an NDPS Act case, expressing shock over the fact that the investigating officer already knew that the accused was carrying contraband without searching him or conducting a test on the material.Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, said "while perusing the consent memo of search of the accused observed that, "It...

State Can Acquire Temple Land For Public Projects Like Metro, No Violation Of Fundamental Rights Under Article 25, 26: Madras High Court

The Madras High Court has set aside a notice issued by the Chennai Metri Rail Limited proposing to acquire the property belonging to United India Insurance for construction of metro station in connection with the Phase-II project of CMRL. Justice Anand Venkatesh held that it was open for the CMRL to acquire the property of a nearby temple, as per its original plan. Borrowing the words...

Complainant Has No Right To Be Heard In Bail Proceedings Under Juvenile Justice Act: Delhi High Court

The Delhi High Court has ruled that a complainant has no right to be heard at every stage of bail proceedings under the Juvenile Justice Act. “The involvement of the complainant remains a matter of judicial discretion rather than an enforceable entitlement, and the fundamental principle of juvenile justice i.e., "rehabilitation over retribution" must remain paramount in any...

Mumbai Court Grants Anticipatory Bail To SP MLA Abu Azmi In Case For Praising Mughal Emperor Aurangzeb

A Mumbai Sessions Court on Tuesday granted anticipatory bail to Samajwadi Party MLA Abu Asim Azmi, who is booked in a criminal case for praising Mughal Emperor Aurangzeb and calling him a 'good administrator'.Additional Sessions Judge VG Raghuvanshi granted anticipatory bail to Azmi on a surety of Rs 20,000. A detailed order of the Court, is yet to be made available. Notably, Azmi has...

Lawyer Has No Right To Record Proceedings: Kerala HC Mulls Contempt Action Against Adv Nedumpura For Circulating Court Clippings On WhatsApp

The Kerala High Court has held that lawyers being permitted to enter the Court proceedings through video conferencing does not mean that they can record and circulate court proceedings.Stating thus, Justice P. Gopinath took exception to Advocate Mathews Nedumpura's conduct in recording and circulating court proceedings through WhatsApp. The bench observed that such action prima facie...

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...