Tariff, License Fee Received By Electricity Regulatory Commissions Not Exigible To Tax: Delhi High Court

The Delhi High Court has made it clear that amounts received by the Electricity Regulatory Commissions under the heads of filing fee, tariff fee, license fee, annual registration fee and miscellaneous fee are not exigible to tax. A division bench of Justices Yashwant Varma and Dharmesh Sharma thus allowed the petitions filed by the Central Electricity Regulatory Commission as well as...

Calcutta High Court Orders Compensation Over Pregnant Lady's Death Due To 'Contaminated Saline', State Hands Probe To CID

The Calcutta High Court has directed the state of West Bengal to provide compensation to the family of a pregnant lady who had died due to being given allegedly contaminated saline at a government hospital. Four other pregnant women were reportedly in intensive care after being administered the same solution.These observations were made by a division bench comprising Chief Justice TS...

Women Face Intersectional Discrimination At Many Levels, Those Issues Must Be Addressed: Kerala HC On Model Law To Protect Women In Workplace

The Kerala High Court on Thursday (January 16) orally observed that women in India face discrimination at multiple levels due their inter-sectionality, adding that the new legislation being drafted by the State to protect women at workplace in the aftermath of shocking revelations made by the Hema Committee Report, must address these issues."Although we have tackled discrimination to some...

Why Registration Of Plots Allotted To Persons Affected By Sardar Sarovar Project Not Executed Yet? Madhya Pradesh HC Asks State

The Indore Bench of Madhya Pradesh High Court on Wednesday (January 15) asked the State to inform as to why registration of houses/plots allotted to the Sardar Sarovar affected persons has not been executed.For context, the Sardar Sarovar dam project on the Narmada river reportedly resulted in the displacement of many families in the area. A division bench of Chief Justice Suresh Kumar Kait...

Merely Telling Wife She Can't Cohabit With Husband Unless She Brings Money From Her Parents Without Further Action Not Harassment: Bombay HC

The Bombay High Court recently held that merely telling a woman that if she fails to bring the amount demanded by her husband or in-laws, from her parental house, she would not be allowed to cohabit with her husband, will not amount to mental or physical harassment.A division bench of Justices Vibha Kankanwadi and Rohit Joshi noted that the wife in her First Information Report (FIR)...

Jharkhand High Court Annual Digest 2024 [Part II]

Nominal Index [Citations: 2024 LiveLaw (Jha) 101-202]Sandeep Kumar Tripathy @ Sandeep Tripathy vs The State of Jharkhand 2024 LiveLaw (Jha) 101Rajendra Prasad Sahu V. State of Jharkhand and Others 2024 LiveLaw (Jha) 102 Sri Hemant Soren Vs The Directorate Of Enforcement Represented Thr Its Assistant Director Ranchi Zonal Office 2024 LiveLaw (Jha) 103Dr. Suman Kumar Pathak @ Dr. S.K. Pathak v....

Absence Of Formal Communication U/S 148A Of Income Tax Act Not Fatal When Opportunity To Question Reassessment Had Been Provided: Delhi HC

The Delhi High Court observed that absence of a formal notice under Section 148A of the Income Tax Act, 1961 was not fatal to reassessment proceedings initiated in the twilight zone when the inquiry provisions were introduced by the Finance Act, 2021. A division bench of Justices Yashwant Varma and Dharmesh Sharma noted that the Department had provided an opportunity...

Arbitral Award Cannot Be Challenged In Writ Petition, Party Must Use Remedy U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Sachin Datta has held that it cannot entertain a writ petition challenging an arbitral award, and the petitioner should challenge the award by taking recourse to appropriate remedies under Section 34 of the Arbitration Act. Brief Facts: The present petition challenged an arbitral award passed pursuant to reference to arbitration under Section...

Exemptions Provided To Micro & Small Enterprises Doesn't Cover Work Contracts, Not Covered By 2012 Public Procurement Policy: Gauhati HC

The Gauhati High Court recently held that work contracts do not come within the purview of Public Procurement Policy 2012 issued by Central Government and the exemptions provided to Micro and Small Enterprise (MSE) do not cover work contracts.Justice Michael Zothankhuma observed:“On considering the PPP-2012 and the clarification given by the Government of India vide letter dated...

No Appeal Lies Against Compromise Decree, Party May Only Challenge Consent Decree Before Court Which Passed It: J&K High Court

Reaffirming the principle that no appeal lies against a compromise decree the Jammu and Kashmir and Ladakh High Court court has emphasised that a party seeking to avoid such a decree must challenge it before the court that issued it, proving the invalidity of the underlying agreement.Dismissing three connected petitions involving a compromise decree passed by the National Lok Adalat at...

Mere Initiation Of Proceedings Under Mine & Minerals Act Doesn't Debar Police From Lodging Case For Theft Of Sand/Minerals: Gujarat HC

Referring to a Supreme Court order on illegal mining of sand/minerals, the Gujarat High Court reiterated that even if an offence under Mines and Minerals (Development and Regulation) Act is made out on which magistrate cannot take cognizance without complaint by authorized officer, it however does not debar police from lodging a case for theft of sand/minerals. Justice Divyesh A Joshi in...

Orissa High Court Confers Senior Designation On 13 Advocates

In exercise of the powers conferred under Section 16 of the Advocates Act read with Rule 7(1) of the High Court of Orissa (Designation of Senior Advocates) Rules, 2019, the Orissa High Court on Wednesday (January 15) designated the following 13 Advocates as Senior Advocates –Sanjay Kumar AcharyaAnup Kumar BoseBansidhar BaugBibekananda BhuyanBhabani Sankar TripathySusanta Kumar DashKamal...