"Harassed Her By Seeking Repeated Adjournments": Madhya Pradesh HC Upholds Order Restricting Accused's Right To Cross-Examine Prosecutrix

The Jabalpur bench of the Madhya Pradesh High Court upheld the decision of the trial court to restrict the right of accused to cross-examine the prosecutrix, while noting that the man made "every effort to harass" the woman by continuously seeking adjournments for her cross examination. In doing so the court underscored that adjournments should not be granted just for the sake of adjournment...

Calcutta High Court Judges Committee Mulls Reducing Puja Vacation By One Week In 2025

A four-member committee of judges at the Calcutta High Court has proposed to reduce the court's puja vacations in 2025, by seven days, in order to address the huge backlog of cases existing at the High Court.According to reports, the committee comprising of Justices Harish Tandon, Soumen Sen, Joymalya Bagchi and Tapabrata Chakraborty, after meeting with the various lawyers' bodies, proposed...

[Income Tax] Assessing Authority Can't Reassess Prior Years Without Inquiry While Determining Relevant Year's Assessment: Kerala High Court

The Kerala High Court stated that while determining the assessment of relevant years assessing authority cannot determine the assessment for earlier years without enquiry. The Division Bench of Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “…….we fail to understand how the assessing authority, as well as the First Appellate Authority, while...

Condition Of Pre-Deposit U/S 148 Negotiable Instruments Act Can't Be Used To Jeopardise Convict's Right To Appeal: Rajasthan High Court

Rajasthan High Court has reiterated that Section 148 of the Negotiable Instruments Act should not be imposed in a situation where the condition of depositing 20% of the fine would amount to deprivation of the right of appeal of a person convicted under Section 138.Section 148, NI Act, provides that in an appeal by a convict of cheque dishonour, the Appellate court may order the appellant...

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court

The Division Bench of Kerala High Court comprising Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “the concern of the Assessing Authority, while passing a consequential order, has to be limited to those specific issues that have been remanded to it for consideration by the Commissioner………..” Section 263 of the Income Tax Act, 1961 empowers the...

Himachal Pradesh HC Upholds Levy Of GST On Mining Royalty Payable Under Mining Concession Granted By State

The Himachal Pradesh High Court has dismissed a writ petition challenging notifications issued by the Central government for levy of GST on Royalty paid by a Mineral Concession Holder for mining concession granted by the State. The Petitioner, a firm engaged in stone crushing, was issued notices and summons under Section 70 of Central Goods and Services Tax Act, demanding GST...

Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480(6) BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years.Section 480(6) BNSS provides that in a case triable by a Magistrate, if the trial of the...

Mistake On Part Of AO Resulting In Under Assessment Of Income No Ground To Re-Open Assessment U/S 147 Of Income Tax Act: Delhi HC

The Delhi High Court has made it clear that once scrutiny assessment is held under Section 143 of the Income Tax Act but due to a mistake of the Assessing Officer there is under assessment of income, reopening assessment under Section 147 of the Income Tax Act, 1961 is not permissible. “...AO specifically records in the reasons that it was a 'mistake' which resulted in under...

Plea Of Limitation Shall Be Deemed To Be Waived If Not Raised Before Arbitrator U/S 16 Of Arbitration Act: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Subodh Abhyankar affirmed that plea of limitation cannot be allowed to be raised first time under section 34 of the Arbitration Act if no such plea was taken before the Arbitrator under section 16 of the Act. The court further observed that it shall be deemed to have been waived as per section 4 of the Act. Brief Facts This...

Intervenor Can't Insist On Being Added As Party In Partition Suit When Claim Is Based On Unregistered Gift Deed: Patna High Court

While allowing a plea against an order which permitted the impleadment of an intervenor in a partition suit, the Patna High Court observed that the intervenor cannot insist on being added as a party to the suit as her claim was based on an unregistered gift deed. In doing so the high court observed that intervenor may make her claim in her independent capacity on the basis of her right and...

Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt

The Allahabad High Court last week acquitted one Ram Krishna, who was convicted for the offence of murder (incident dates back to August 1981) by a Sessions Court in March 1983 and sentenced to life imprisonment by giving him the benefit of the doubt. A bench of Justice Siddhartha Varma and Justice Vinod Diwakar found that PW1's testimony, based on which the accused was convicted by the...

UP Revenue Code | Suit Filed U/S 144 Based On Oral Sale Deed Must Disclose Findings Of Proceedings U/S 38 (1), If Any: Allahabad HC

The Allahabad High Court has observed that a suit filed under Section 144 of the UP-Revenue Code 2006 on the basis of an oral sale deed and alleged possession must include findings of the proceedings under Section 38 (1) of the code regarding the sale deed. For context, Section 144 of the 2006 Code deals with Declaratory suits by tenure holders and Section 38 (1) deals with...