J&K&L High Court Rejects Medical Bail Plea Of Former Bar President Mian Abdul Qayoom, Says He Is Provided Specialised Treatment

The Jammu and Kashmir and Ladakh High Court has dismissed the appeal filed by former Bar Association President Mian Abdul Qayoom seeking bail on medical and humanitarian grounds, holding that the record clearly demonstrates that he has been all along being provided with the advance and specialised treatment whenever necessitated and that no life-threatening medical emergency exists warranting...

Allahabad High Court Rejects PIL Challenging Appointments Of Yogi Adityanath, KP Maurya As UP CM & Dy CM In 2017

The Allahabad High Court today dismissed a Public Interest Litigation (PIL) plea filed before it in 2017, which challenged the legality of the appointment of Yogi Adityanath as Chief Minister and Keshav Prasad Maurya as Deputy Chief Minister of Uttar Pradesh in 2017. A bench of Justice Rajan Roy and Justice Rajeev Bharti observed that there is nothing in the Constitution which prohibits...

Kerala High Court Directs Government, Calicut Law College Principal To Take Initiative To Resolve Affiliation Issue

The Kerala High Court on Tuesday (December 16) directed the government and the principal of the Government Law College, Calicut to resolve the issue of lack of Bar Council of India (BCI) affiliation to the college.Justice V.G. Arun was considering a plea preferred by an Idukki-based advocate, who has prayed for a retrospective recognition from the BCI to the 5-year-integrated course offered...

Income Tax Act | Sikkim High Court Allows S.80P(2)(d) Deduction On Interest Earned From Co-operative Banks By Non-Bank Co-operative Society

The Sikkim High Court has held that a non-bank co-operative society is entitled to claim deduction under Section 80P(2)(d) of the Income Tax Act, 1961, on interest income earned from investments made with co-operative banks, and that Section 80P(4) does not bar such deduction. A Division Bench of Chief Justice Biswanath Somadder and Justice Meenakshi Madan Rai allowed the tax appeal...

BSF Rules | Court Of Inquiry Is Preliminary Fact Finding Exercise, Not Disciplinary Trial Which Can Cause Prejudice: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that such an inquiry is only a fact-finding mechanism intended to assist authorities in deciding the future course of action and does not amount to initiation of departmental proceedings.The Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar underscored that the findings returned by the Court of Inquiry shall be in the...

Clause 8 Of Assam GST Reimbursement Scheme Prima Facie Ultra Vires: Gauhati High Court Stays SCN Against Patanjali Foods

The Gauhati High Court found that Clause 8 of the Assam Industries [Tax Reimbursement for Eligible Units] Scheme, 2017, which restricts input tax credit, runs contrary to the Constitutional framework and the provisions of the CGST Act. Consequently, the bench stayed the operation of the show-cause notices (SCN) issued to Patanjali Foods Limited. Justice Manish Choudhury was addressing...

Reviewing Court Must Defer To Scientific Wisdom Of Authorities, Ensure Only Procedural Compliance In Environmental Matters: Kerala High Court

The Kerala High Court on Tuesday (16 December) observed that the role of the reviewing court must be limited to ensuring the procedural compliance by the statutory authority while considering environmental litigation which involves compliance by statutory authority.The court made the observation while upholding the environmental clearance granted to the proposed...

State Bar Council Can't Control Or Regulate District Bar Association Elections: Allahabad High Court

The Allahabad High Court recently held that the State Bar Council lacks authority to "control or regulate" the elections of Bar Associations as they are governed by their own bye-laws.A bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta thus set aside a directive issued by the Bar Council of Uttar Pradesh (respondent no.3) placing a temporary embargo on holding elections for...

Bombay High Court Rejects Bail Plea Of Eight Accused In Pune Porsche Car Hit-And-Run Case

The Bombay High Court on Tuesday rejected the bail applications of 8 accused named in the Pune Porsche hit and run case, wherein two persons were killed in the tragic accident.Single-judge Justice Shyam Chandak dismissed the bail applications of eight accused including the father of the prime accused, a juvenile, who was driving the car at the time of the incident. "There is a strong prima...

PIL In Delhi High Court Seeks Compensation Over Indigo Ticket Cancellations, Judicial Enquiry Against DGCA

A PIL has been filed before the Delhi High Court seeking “four times” compensation of tickets recently cancelled by Indigo airlines and a judicial enquiry against Director General of Civil Aviation (DGCA) for alleged lapses. The matter will be heard tomorrow by a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela. The plea has been filed by Centre...

Rajasthan HC Refuses To Send Woman Back To Jail Despite Earlier Sentence Reduction Being Based On Erroneous Assumption Of Period Served

Rajasthan High Court denied sending a woman back to jail whose punishment for the offence of culpable homicide not amounting to murder was reduced by the division court 15 years ago based on an erroneous assumption that she was had already undergone a period of almost 8 years in jail, when in actuality she had been in prison for only around 2 years.The division bench of Justice Farjand Ali...

IBC | All Property, Including Alleged Benami Assets, Shielded From Action Over Pre-Resolution Offences: Madras High Court

The Madras High Court has recently held that once a resolution plan is approved under the Insolvency and Bankruptcy Code, authorities cannot proceed against any property standing in the name of a corporate debtor for offences committed before the insolvency process, even if such property is alleged to be held benami. A single bench of Justice G R Swaminathan ruled that Section 32A(2) of...