All High Courts
Rajasthan High Court Rejects Bail To Payment Aggregator Facilitators In ₹95 Crore GST Evasion Via Online Gaming Transactions
The Rajasthan High Court rejected the bail application of the applicants accused of facilitating large-scale GST evasion through online gaming transactions. Justice Sameer Jain stated that bail should normally be granted for offences under section 132 of the CGST Act, unless extraordinary circumstances exist, and in the matter at hand, there is GST evasion of approximately Rs....
Health Sub-Centre Location Is Policy Matter, But Residents' Objections Must Be Fairly Considered: J&K&L High Court
Underscoring the balance between administrative discretion and public fairness, the High Court of Jammu & Kashmir and Ladakh has held that the choice of location for a government amenity such as a Health Sub-Centre squarely lies within the domain of the competent authority, and no private individual or group can insist upon a particular site.At the same time, the Court emphasized that...
Vadodara Car Crash: Gujarat High Court Grants Bail To 23-Yr-Old Booked For Rash Driving Causing Death Of One, Injuring Nine
The Gujarat High Court on Monday (December 22) granted regular bail to a 23-year-old student accused of rash and dangerous driving in the Vadodara car crash case earlier this year which had resulted in the death of one person and injured nine others. The court directed the applicant be released on bail on furnishing a bond of Rs. 1 Lakh with one surety of the like amount subject to...
Grant Of State Pension To Freedom Fighter Does Not Automatically Result In Extension of Central Pension: Madras High Court
The Madras High Court recently held that the grant of a state pension to a freedom fighter would not automatically result in the extension of a central pension to the pensioner. The court added that for granting the Central Government Pension Scheme, the conditions stipulated in the Swatantrata Sainik Samman Pension Scheme (SSS Scheme) had to be followed. The bench of Justice...
Order Framing Charge Is Interlocutory Order, Can't Be Challenged In Appeal Under Section 21 Of NIA Act: Delhi High Court
The Delhi High Court has ruled that an order framing charges against accused is interlocutory in nature and cannot be challenged in appeal under Section 21 of National Investigation Agency Act. A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain observed that the term “order” in Section 21(1) refers to a final order and not an interlocutory or intermediate...
'Jailed For 24 Years Sans Evidence': Allahabad High Court Acquits Man Convicted Solely Based On S. 313 CrPC Admission
The Allahabad High Court recently set aside the conviction of a man sentenced to life imprisonment for the offence of dacoity. In this case, the trial court, in 2002, rendered the verdict solely based on his admission in his statements recorded under Section 313 CrPC. Finding fault with the same, a bench of Justice JJ Munir and Justice Sanjiv Kumar ruled that a conviction cannot be...
Income Tax | Govt Grant/Subsidy Under Rehabilitation Scheme Is Capital Receipt, Not Taxable As Revenue: Madras High Court
The Madras High Court held that the grant-in-aid/subsidy received by the assessee under a government rehabilitation scheme is a capital receipt and is not taxable as revenue. Chief Justice Manindra Mohan Shrivastava and G. Arul Murugan examined whether the grant-in-aid/subsidy received by the assessee from the Government under the rehabilitation scheme should be treated as a...
MP High Court Directs Removal Of Stray Dogs From Prominent Tourist Places In Indore
The Madhya Pradesh High Court has directed the Indore Municipal Corporation to identify prominent tourist places in the city and conduct a drive for the removal of stray dogs as a 'top priority' in these places. The corporation was also directed to file an affidavit regarding the data of the sterilisation of stray dogs, which an affidavit of the senior officer of the Corporation...
'Pedantic Literalism': Kerala High Court Directs Tribunal Not To Insist On Separate Petitions For Exempting Court Fees & Legal Benefit Fund
The Kerala High Court recently directed a Motor Accidents Claims Tribunal to number a claim petition without insisting on separate petitions for exemption from payment of court fees and legal benefit fund (LBF).The plea before Justice Mohammed Nias C.P. was preferred by a person claiming around Rs. 15 lakhs for an injury sustained in a motor accident. He filed a claim petition before the...
'Insurance Company Cannot Claim Non-Receipt Of Premium When It Was Negligent In Handling Cheque': Bombay High Court
The Bombay High Court held that an insurance company cannot avoid liability by pleading non-receipt of the insurance premium when the cheque towards the premium was received in time but was negligently handled by the insurer itself. The Court observed that where the insurer assumes risk after receiving the premium cheque and issues a renewed policy, it cannot subsequently repudiate the claim...
Sunglasses Not Covered Under 'Spectacles' Entry; Taxable As Residuary Goods At 12.5% VAT: Punjab & Haryana High Court
The Punjab and Haryana High Court held that the sunglasses are classified as a residuary item, as they did not fall under any specified Schedule, and therefore are exigible to VAT (Value Added Tax) at the rate of 12.50%. Justices Lisa Gill and Meenakshi I. Mehta stated that sunglasses are indeed a distinct commodity, which is not covered under Entry 110 of Schedule B of PVAT Act...
Delhi High Court Issues Notice On Plea Against Release Of Web Series 'UP 77' Based On Slain Gangster Vikas Dubey's Life
The Delhi High Court on Tuesday (December 23) issued notice on a plea against release of web series “UP 77” purportedly based on the life of gangster Vikas Dubey who was killed in a police encounter in July 2020. The series is slated to release on December 25 on Waves OTT platform. Justice Sachin Datta sought response of the Union Government, the OTT platform and maker of the web...