Bombay High Court Orders Maha Govt To Upload State's Prison Manual & Police Manual On Internet To Educate Citizens

The Bombay High Court on Thursday ordered the Maharashtra Government to put up the State's Prison Manual and also Police online so as to help prisoners and their relatives learn more about their rights, while in jail. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale noted that the Prison Manual is one of the documents which is not on available on the internet and thus...

Himachal Pradesh HC Flags Moral & Professional Decline In Police Force, Suggests Reforms Like 8-Hour Shifts, Psychiatric Counseling

Expressing concern over the “moral and professional deterioration” within sections of the police force, the Himachal Pradesh High Court on Monday suggested a slew of measures aimed at reforming and modernising the state police. The suggestions include 8-hour shifts, welfare corpus, housing scheme, career promotions, liberal leave policy, recreational facilities (gym, pool), access...

S.13 Income Tax Act | Charitable Trust's Status Not Affected For Making Reasonable Payments On Services Rendered By Related Party: Delhi HC

The Delhi High Court has held that a Charitable Trust's status cannot be taken away citing violation of Section 13 of the Income Tax Act, 1961 merely because it made reasonable payment for services rendered by a related party.Ordinarily, Charitable Trusts are not allowed to make payments for the benefit of 'prohibited parties'.Section 13 states that exemptions to Charitable Trust under...

Police Acting Like Court: Punjab & Haryana HC Slams Haryana Police For Wrong Interpretation Of Law In Corruption Cases, Summons Top Officials

It is strange to note that the police officials are apparently acting like a court of law—releasing case property on superdari and deciding the admissibility of evidence, observed the Punjab and Haryana High Court, while slamming Haryana's Anti-Corruption Bureau for deviating from principles of criminal law.The Court highlighted that the State's Anti Corruption Bureau (ACB) by...

S.107(6) Of CGST Act Does Not Grant Discretion To Court For Waiving Pre-Deposit At Time Of Filing Appeal: Delhi High Court

The Delhi High Court has made it clear that it has no discretion to allow a prayer seeking waiver of pre-deposit condition prescribed under Section 107(6) of the Central Goods and Services Tax Act, 2017 for preferring an appeal under the statute.In terms of Section 107(6), insofar as the admitted tax, interest or penalty is concerned, the entire amount would have to be deposited. In so far as...

Submitting Invalid But Genuine Certificate In Recruitment Process Is Neither Fraud Nor Misrepresentation For Disqualifying Candidate: J&K High Court

The Jammu and Kashmir High Court held that submitting a certificate issued by an unrecognised organisation could at best be considered as invalid for the purposes of recruitment but same does not amount to fraud or misrepresentation on the part of the candidate.The name of the petitioner was dropped from the provisional selection list on the ground that he had submitted a fake National...

Statement Of Child Victims Susceptible In Imposing Atmosphere Of Courtroom: J&K HC Upholds Man's Sentence For Sexually Assaulting 4-Yr-Old

The Jammu and Kashmir & Ladakh High Court has underscored the inherent vulnerability of child witnesses in courtroom settings while upholding the conviction of Dinesh Kumar for sexually assaulting a minor girl in Leh in the year 2017.Justice Sanjay Dhar dismissed the appeal, affirming an 8-year rigorous imprisonment sentence under Section 376 of the Ranbir Penal Code (RPC), and...

Grant Temporary Leave To Undertrials To Attend Relative's Funeral Without Forcing Them To Approach Court For Interim Bail: Madras HC To State

The Madras High Court has asked the State and the Prisons Department to grant temporary leave to undertrial prisoners, allowing them to attend the cremation/funeral of their relatives without forcing them to approach the High Court to get interim bail. “The Principal Secretary to Government, Home Department (Prison), Government of Tamil Nadu, Fort St. George, Chennai and...

Financial Institution Necessary Party To Challenge Freezing Order: AP High Court Rejects School Teacher's Plea Against Account Freeze

The Andhra Pradesh High Court has dismissed a Government school teacher's plea against freezing of her account by SBI– following an arbitral tribunal's order, after noting that the petitioner had neither impleaded the financial institution which had obtained the freezing order nor had the exhausted alternate remedy under the Arbitration Act.Emphasizing on significance of impleading a...

[Maharashtra Rent Control Act] Govt Allottee Will Qualify As Deemed Tenant Only On Legal Possession Of Requisitioned Premises: Bombay HC

The Bombay High Court has observed that a Government allottee who does not hold a 'legal occupation or possession' of a property under the Maharashtra Rent Control Act 1999 cannot be considered as a 'deemed tenant' under Section 27 of the Act.Section 27 of the Rent Control Act provides for the State Government or a Government allottee to become a deemed tenant as on 7 December 1996. If...

'Unfortunate' Tendency Of Ex-Legislators To Misuse Names/Flags: Karnataka HC Issues Order To Halt Misuse Of National Symbols & Emblems

Terming the "tendency" amongst former constitutional authorities, ex-MPs and legislators in misusing "Emblem, Flags, Names" by fixing it in their letter heads and vehicle number plates as "unfortunate", the Karnataka High Court issued a slew of directions to prevent misuse and unauthorised use of National Symbols and Emblems. A division bench of Chief Justice N V Anjaria and Justice M I Arun...

S.498A IPC Not Limited To Dowry Harassment: Madras HC Upholds Conviction Of Husband, Kin Who Forcefully Gave Abortion Pills To Wife

While refusing to set aside the conviction of a man and his mother under Section 498A of the IPC, the Madras High Court noted that the Section was not limited to dowry harassment and included any cruelty meted out to the wife by the husband and his family. “Nowhere in Section 498 (A) of IPC, it is stated that it is the offence only if it involves dowry harassment. A married woman may...