All High Courts
Operation Of Flights Is Commercial Decision Of Airlines: Union Tells P&H HC On Plea Questioning Non-Operation Of Int'l Terminal At Chandigarh Airport
The Union Government today submitted before the Punjab & Haryana High Court that any operation of international flights from any point in India is purely a commercial decision of the airlines on the basis of the economic viability of the route, traffic demand, slot availability and other associated factors. Previously, the Court had sought affidavit from the Ministry of Civil Aviation...
Cruelty And Abetment To Suicide Are Distinct Offences, Acquittal Under One Will Not 'Necessarily Lead' To Acquittal In The Other: Kerala HC
The Kerala High Court recently observed that while marriage is an essential ingredient to attract the offence of cruelty punishable under IPC Section 498A, however for abetment to suicide under IPC Section 306 there need not be any relationship between the "accused and the victim". In observing so, the high court set aside the man's conviction for cruelty under Section 498A IPC after noting...
Punjab & Haryana High Court Upholds Policy To Privatise Electricity In Chandigarh
The Punjab & Haryana High Court today upheld the Chandigarh U.T. Administration policy to privatise distribution of electricity in Chandigarh. Notice inviting the bids for purchase of 100% shares in the distribution company from the interested entities was issued in 2020.Chief Justice Sheel Nagu and Justice Anil Kshetarpal dismissed the plea challenging the policy, observing that "the...
'No Infirmity In The Decision To Direct Payment Of Interest On Interest', Delhi High Court Upholds Decision Of Central Administrative Tribunal
A division Bench of the Delhi High Court comprising Justices C Hari Shankar and Sudhir Kumar Jain dismissed a Petition that sought to quash the judgement of the Central Administrative Tribunal directing the Petitioners to pay the Respondent the interest on interest at the rate of 10 percent. The Court held that the proscription on interest on interest as per Section 3(3)(c) of the...
Theft By Employee Leads To Mistrust In Him, Labour Court Cannot Order Reinstatement On Sympathy: Karnataka High Court
The Karnataka High Court has said that the Labour Court cannot on the ground of sympathy alone direct reinstatement of a workman, when he is involved in a serious case of theft.A single judge bench of Justice K S Hemalekha held thus while allowing a petition filed by The Taj West End Hotel and set aside the order of the tribunal directing reinstatement and payment of back wages to an employee,...
Manufacturer Of Banned Tobacco Product Which Is 'Food' Can Be Prosecuted Under Food Safety And Standards Act: Madras High Court
The Madras High Court recently upheld the power of the Food Safety Officer to proceed with investigation for sale of banned tobacco products observing that tobacco, with or without any additive was a food product under Section 3(j) of the Food Safety and Standards Act.In doing so the court said that the manufacturer was liable to explain the manner in which the product was cleared from...
Even If Child In Conflict With Law Is To Be Tried As Adult, His Bail Application Will Be Considered U/S 12 JJ Act And Not CrPC: Karnataka HC
The Karnataka High Court has said that even if a child in conflict with law is ordered to be tried as an adult, as provided under Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015, his bail application is to be considered under Section 12 of the Act, it cannot be considered under the provisions of Code of Criminal Procedure.A single judge bench of Justice...
Chronic Vacancies And Essential Service Needs Justify Regularization Of Contract Employees Despite Article 320: Madras HC
Madras High Court: A Division Bench of Dr. Justice Anita Sumanth and Justice G. Arul Murugan upheld the Central Administrative Tribunal's (CAT) order directing the regularization of contract Veterinary Assistant Surgeons who had served in Puducherry for nearly two decades. Despite objections from UPSC regarding Article 320 requirements, the Court found that the...
No Basis For Reassessment If Nature & Source Of Receipts Are Verified, AO Doesn't Find Any Contradictory Evidence: Delhi High Court
The Delhi High Court stated that once nature and source of receipts have been satisfactorily proved and AO has not contradicted information given by assessee, there lies no cause for initiating the reassessment action. The Division Bench of Justices Yashwant Varma and Ravinder Dudeja observed that “………Once the nature and source of receipts have...
Rahul Gandhi Citizenship Row: Allahabad HC Petitioner Appears Before Delhi High Court, Claims CBI Is Investigating The Issue
The Delhi High Court on Wednesday was informed that investigation by Central Bureau of Investigation (CBI) has been initiated over a PIL filed in the Allahabad High Court against the alleged British citizenship of Congress leader Rahul Gandhi.The submission was made by Vignesh Shishir, BJP member from Karnataka who filed the PIL in the Allahabad High Court, after he appeared virtually before...
Once Income From AOP/BOI Is Included In Assessee's Taxable Income, Any Post-Tax Share Received Cannot Be Taxed Again: Madhya Pradesh High Court
The Madhya Pradesh High Court ruled that if an assessee has already included income from an Association of Persons (AOP) or Body of Individuals (BOI) in their taxable income, any post-tax share received from the AOP/BOI cannot be taxed again in the assessee's hands. The Division Bench of Justices Sushrut Arvind Dharmadhikari and Anuradha Shukla observed that “……the assessee was...