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...

Judges Of PMLA Courts Not Supposed To Act Like "Extended Arm Of ED": Punjab & Haryana HC Quashes Unreasoned Custodial Interrogation Order

The Punjab and Haryana High Court has cautioned the Judicial Officers deployed at Special PMLA Courts to not act as an "extended arm" of the central investigating agency Enforcement Directorate, by passing orders of remand against the suspect as a matter of course.Stating so, it set aside a Special Court's "routine order" granting ED custody for custodial interrogation of accused Balwant Singh...

Court's Supervisory Role Over Arbitral Proceedings Would Be Determined As Per CPC If No Neutral Location Is Specified: Delhi High Court

The Delhi High Court bench of Justice Jasmeet Singh affirmed that if there is a neutral location specified in the contract data, that location would be the place of arbitration and the court having supervisory jurisdiction over the place would have jurisdiction. If no such location is specified, the provisions of the CPC from sections 16 to 20 would be attracted for determining the...

No Public Interest In Keeping Information Alive On Internet After Quashing Of FIR: Delhi High Court On Right To Be Forgotten

Observing that it is important to balance the right to information of public with an individual's right to privacy, the Delhi High Court has said that no public interest can be served by keeping the information alive on the internet after quashing of criminal proceedings.“There is no reason why an individual who has been duly cleared of any guilt by law should be allowed to be haunted by...

Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court

The Delhi High Court has recently observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court. Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by the Public Prosecutor nor can...

Arbitral Tribunal Imposing Exorbitant Interest Not Violative Of Fundamental Policy Of Indian Laws: Delhi High Court

The Delhi High Court bench of Justice Yashwant Varma and Justice Dharmesh Sharma, while hearing a review petition of an appeal filed by the appellant u/s 37(1)(b) of the A&C Act read with Section 13 of the Commercial Court Act observed that the exuberant interest rate charged in the commercial world depends upon the transparency of the terms and conditions of the contract entered...

Purpose & Function Of Product Is Relevant For Classification Under 'Customs Tariff' Heading, Not Tech Used In Such Product: Delhi High Court

The Delhi High Court has held that it is not the technology which is used in the product that decides its HSN classification under the Customs Tariff Heading (CTH) for the purposes of Customs Tariff Act, 1975. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma held that it is rather the product, which may be created using a particular technology, which decides the...