Allahabad HC Grants 10 Days To AMU Counsel To Seek Instructions On PIL Seeking Students' Union Elections At University

The Allahabad High Court on Monday granted 10 days to the counsel of the Aligarh Muslim University (AMU) to seek instructions from the university regarding a Public Interest Litigation (PIL) plea filed by an AMU student seeking holding of students' union elections at the university. The PIL Plea, moved by an LLM student (Kaif Hasan), submits that AMU's failure to hold elections since...

Putting Together Structure Of Plywood Sheets Can't Be Construed As Constructing 'Residential House' For Claiming Capital Gain Exemption: Delhi HC

“Putting together a structure of plywood sheets cannot be construed as constructing a residential house,” the Delhi High Court has held. It thus upheld an ITAT order which disallowed capital gains exemption to the appellant-assessee under Section 54 of the Income Tax Act, 1961 on the ground that a mere 'makeshift' structure was raised in the name of residential house. Section...

Kerala HC Quashes Case Against Goa Governor Sreedharan Pillai Over Remarks On Women's Entry At Sabarimala, Says Speech Wasn't Made In Public

The Kerala High Court quashed a case registered under Section 505 (1)(b) (statements conducing to public mischief) of the IPC against former State BJP President and present Goa Governor P.S. Sreedharan Pillai for allegedly making statements supporting the Thantri's decision to deny entry of women at Sabarimala Temple, against the Apex Court decision in Young Indian Lawyers...

High Time That Irretrievable Breakdown Of Marriage Is Recognized As Grounds For Divorce Under Indian Law: Calcutta High Court

The Calcutta High Court has observed that it is high time that irretrievable breakdown of marriage is recognised as a ground for divorce under Indian law, by reading it into the grounds of cruelty or desertion, like it is in the UK.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held:It transpires from the consistent conduct and lack of interest of the wife that the...

There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court

The Nagpur bench of the Bombay High Court recently while upholding the conviction of a man for committing rape on a minor girl, said usually neither the girl nor her family would indulge their daughter's name even for settling scores and that in such cases, there is a 'built-in' assurance that the victim is levelling 'genuine' charges.Single-judge Justice Govind Sanap upheld the conviction of...

P&H HC Declares Provisions Of Ex-Servicemen Rules Limiting Benefits To Those Appointed To Civil Posts After January 2012 As Unconstitutional

The Punjab & Haryana High Court has declared the provisions of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules, 2012 and 2018, ultra vires of the Constitution which limited the benefits of pension and increments to ex-servicemen appointed to civil posts after January 1, 2012, and denied arrears for periods prior to that date.Justice Sureshwar Thakur and Justice Sudeepti...

Bhagavad Gita's Teachings Fundamentally Moral, Not Religious: Gujarat HC Remarks Orally In PIL Against Inclusion Of Teachings In Schools

While hearing a plea challenging the state government's resolution to include the teachings from Bhagavad Gita to be taught in schools, the Gujarat High Court on Thursday (November 21) orally said that the teachings from Bhagavad Gita are fundamentally moral and cultural and not religious. As the counsel for the petitioners' contended that the National Education Policy says that principles of...

Allahabad HC Grants Interim Bail To Rape Accused To Marry 'Victim' From Different Religion Under Special Marriage Act

The Allahabad High Court last week granted a 4-month interim bail to a Hindu man booked under the POCSO Act to marry a Muslim girl (alleged victim) and get the same registered after getting her custody. The Court passed this order after considering the prosecutrix's statement, in which she asserted that she is an adult, has married the accused in a temple, and is willing to live...

Amount Received By Assessee Under Agreement To Not Carry On Competitive Business Is In Nature Of 'Capital Receipt', Not Exigible To Tax: Telangana HC

The Telangana High Court has held that the amount received by the developer of Hepatitis-B vaccine, under a co-marketing agreement with PFIZER Company, is a capital receipt not liable to tax. A division bench of Chief Justice Alok Aradhe and Justice J. Sreenivas Rao reasoned that the developer-assessee's right to promote, market, distribute or sell the vaccine or a new competitive...

'Follow Rule Of Law', High Court Directs Rohtak Municipal Corporation To Remove Statue Of Former Minister From Public Land

The Punjab & Haryana High Court has directed the Municipal Corporation of Haryana's Rohtak to follow the rule of law as per the Apex Court ruling whereby installation of statues on public lands has been prohibited.Chief Justice Sheel Nagu and Justice Anil Kshetarpal was hearing a Public Interest Litigation (PIL) seeking removal of the statute of Sri Krishan Dass Goel (father of Manmohan...

Can't Fault AO's Estimation Of Undisclosed Deposits In Foreign Bank When Assessee Fails To Produce Account Statement: Delhi HC

The Delhi High Court has made it clear that it cannot fault the estimation of an Assessing Officer regarding the quantum of deposits made by an assessee in an undisclosed foreign bank, when the latter himself fails to produce the account statement. “Counsel for the Assessee also concedes that in the absence of the Assessee producing the relevant material, the AO was well...

Arbitration Clause From Another Contract Can Be Incorporated Into Contract Only By Specific Reference: Delhi High Court

The Delhi High Court bench of Justice Subramonium Prasad affirmed that the arbitration clause from another contract can be incorporated into the contract when there is a clear intention that arbitration clause contained in another contract would also be incorporated in the contract by which the disputes would be resolved. Brief Facts The present petition has been filed under...