Telangana High Court Asks Assembly Speaker To Decide Disqualification Pleas Against MLAs Who Defected From BRS 'Within Reasonable Time'

The Telangana High Court on Friday (November 22) set aside a September order of the single judge which had directed the Secretary of the legislative Assembly to place the disqualification pleas pending against MLAs–who defected from Bharat Rashtra Samithi (BRS)–before the Assembly Speaker to fix a schedule of hearing within four weeks.In doing so the high court said that Speaker of...

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay

The Kerala High Court stated that the medical condition cited by the assessee is not sufficient grounds to justify condoning a four-year delay in filing the appeal.The Bench of Justice Gopinath P. observed that “the assessee has not made out any ground for grant of relief in the writ petition. Admittedly, the assessee filed appeals against the orders only in the month of February 2024...

Award In Which Damages Are Awarded In Absence Of Proven Loss Or Injury Can Be Set Aside U/S 34 On Grounds Of Patent Illegality: Delhi HC

The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta has held that awarding damages by Arbitrator in the absence of proven injury or loss qualifies to be a patent illegality under section 34 of the Arbitration Act. Such an award is liable to be set aside under section 34..Brief FactsIndian Oil Corporation Ltd. (hereafter IOCL) has filed the present intra court appeal under...

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12(5) of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter.Brief FactsThis petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act')...

Assessing Officer Not Required To Examine Commercial Expediency Of Transaction When Evaluating Assessee's Explanation U/S 68 Of IT Act: Delhi HC

The Delhi High Court has made it clear that once an assessee offers explanation about nature and source of a credit transaction standing in its books, the burden of proof to show that such explanation is unsatisfactory shifts on the Assessing Officer.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma further held that in evaluating the transaction so explained by the assessee,...

Recourse To Section 147 Of Income Tax Act Not Barred In Cases Where Assessing Officer Is Empowered To Proceed U/S 153C: Delhi High Court

S.153C Income Tax Act doesn't bar AO's jurisdiction to reopen assessment u/S 147 when information against assessee is received from search conducted on another person: Delhi High CourtThe Delhi High Court has held that Section 153C of the Income Tax Act, 1961 does not by itself preclude an Assessing Officer from reopening assessments under Section 147/148 of the Act, on the basis of...

Provisions Of CPC Applicable In Proceedings Before Family Court: Allahabad High Court Reiterates

While examining a divorce case, the Allahabad High Court has held that in light of Section 10 of the Family Courts Act, provisions of the Civil Procedure Code are applicable before the Family Court and therefore, a writ petition seeking Writ of Prohibition could not be entertained by the High Court in presence of remedy of appeal.“It would be pertinent to observe here that provisions encoded...

Motive Need Not Be Proved When Prosecution Case Is Proved By Credible Eye-Witness: Punjab & Haryana HC Upholds Conviction For Double Murder

The Punjab and Haryana High Court upheld the conviction in a double murder case wherein the convict was sentenced to life for shooting his mother-in-law and brother-in-law dead in 2012.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "the non proof of motive by the prosecution looses its vigour, thus on the ground, that the motive may be required to be proven in a prosecution...

'Flooded With Litigations Where Innocent Families Are Financially Exploited On Promise Of Sending Children Abroad': Punjab & Haryana HC

The Punjab & Haryana High Court rejected bail plea of a man accused of cheating to the tune of Rs.77.89 lakh on the pretext of sending complainants abroad and to procure study visas and work visas.The Court noted that accused person neither sent the complainants abroad nor did they return the advance money.Justice Kirti Singh said, "In recent times, the Courts have been flooded with...

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. The court underscored that where the offence complained is...

Karnataka High Court Dismisses Suspended Janta Dal (S) Leader Prajwal Revanna's Anticipatory Bail Plea In Sexual Assault Case

The Karnataka High Court on Friday (November 22) dismissed the anticipatory bail plea of Suspended Janta Dal (S) leader Prajwal Revanna who has been arrested on the allegations of rape and sexual assault.A single judge bench of Justice M Nagaprassana while pronouncing the order said, "Dismissed". The petition prayed that in the event of his arrest, Revanna be released on bail. Revanna is...

Can Govt Counsel Appear For Accused In Criminal Cases Registered By State? Calcutta High Court Calls For Report

Criminal cases involve material which have far reaching consequences on movement of investigation. Such diaries are to be handed by the state counsel. Once retainership is accepted by advocate, no private briefs can be accepted. This is a known principle, the Judge said.