All High Courts
Tax Planning Is Permissible But Evasion Is Impermissible: Kerala HC On Husband Transferring Portion Of Residential Building To Wife To Evade Luxury Tax
The Kerala High Court has dismissed the petition moved by a husband who transferred a portion of his residential building to his wife's name to secure an exemption from payment of luxury tax under Section 5A of the Kerala Building Tax Act, 1975It is to be noted that as per Section 5A of the Kerala Building Tax Act, 1975, a luxury tax is charged on a residential building if its plinth...
Five New Additional Judges Sworn In, Kerala High Court To Function With 45 Judges For The First Time
Five new additional judges were sworn in at the Kerala High Court today.1. Shri Paramesara Panicker Krishna Kumar2. Shri Kodassery Veliyath Madom Jayakumar3. Shri Muralee Krishna Shankaramoole4. Shri Jobin Sebastian5. Shri Pandikkaran Varadaraja Iyer BalakrishnanYesterday, the notification was issued by the Central Government appointing them as Additional Judges. The oath was administered by...
HC Allows Formation Of Committee To Redress Grievances Of Protesting Doctors In Jaipur, Says Professionals Like Doctors & Lawyers Cannot Go On Strike
Rajasthan High Court has affirmed the suggestion given by the Secretary, Medical Education, on behalf of the State of Rajasthan to formulate an internal committee to address the grievances of around 7000 resident doctors (Jaipur Association of Resident Doctors- JARD) being on strike since October 19, 2024, impacting the medical services in the state.The bench of Justice Sameer Jain was hearing...
Kerala High Court Strikes Down Rule 96(10) of CGST Rules Retrospectively, Finds Them Ultra Vires To CGST Act
The Kerala High Court struck down Rule 96(10) of the Central Goods and Service Tax Rules holding that it was ultra vires to the Section 16 of the Integrated Goods and Service Tax Act and was manifestly arbitrary.Justice P. Gopinath noted that Section 16 has not imposed any restriction in availing refund of taxes paid on input goods and input services or claiming refund of IGST after payment...
Psychological Aspect Not Enough To Put Two Lives In Danger: Rajasthan HC Dismisses Plea For Termination Of Minor Rape-Survivor's Pregnancy
Rajasthan High Court rejected a petition by the father of a minor rape victim for termination of his daughter's 26-weeks pregnancy, since the same was medically opined as dangerous for both the girl as well as the foetus.The bench of Justice Avneesh Jhingan ruled that the social, economic and psychological impacts were to be taken into consideration while taking the decision, however,...
Prisoners Cannot Be Asked To Wait For Over One Year To Avail Parole In Emergency Situations Involving Their Family: Bombay High Court
Issues like family members' serious illness, wife's delivery, natural calamities etc are unforeseen and thus a prisoner cannot be asked to wait for one and a half years, till he becomes eligible to avail the facilities of furlough or parole leaves, the Bombay High Court held recently.A division bench of Justices Bharati Dangre and Manjusha Deshpande directed the Superintended of Central...
"Matter Involves International Issues, Policy Decision To Be Taken By Centre": Delhi HC On PIL To Grant Admission To Rohingya Refugee Children
The Delhi High Court on Tuesday (October 29) refused to entertain a public interest litigation (PIL) petition seeking directions to the Delhi government and the Municipal Corporation of Delhi to grant admission to Rohingya refugee children in local schools. In doing so, the court orally said that the matter involved "international" issues having "ramifications on security and citizenship"...
Bombay High Court Orders Enquiry Against Police Officers For Using AC, Water-Cooler, TV, Computer At Police Station Without Paying Supplier
The Bombay High Court was recently disturbed to note that a police station in Thane city used air-conditioners, water coolers, computers, LED TV, printers and other valuable electronic devices, for free and later on when the supplier demanded money, the station officers returned the equipments without paying a penny.A division bench of Justices Sarang Kotwal and Dr Neela Gokhale ordered...
Gross Impropriety And Abuse of Judicial Power: Madras HC Sets Aside Discharge Of Former CM Panneerselvam In DA Case
The Madras High Court has set aside the discharge of former Tamil Nadu Chief Minister O Panneerselavm in a disproportionate assets case in 2012. While setting aside the order of Chief Judicial Magistrate, Sivagangai permitting the prosecution to withdraw the case, Justice Anand Venkatesh noted that the order of special judge smacked of gross impropriety and abuse of judicial...
Prisoners Are Not Slaves, Cannot Be Tortured In Inhuman Ways To Punish Them For Their Crimes: Madras High Court
The Madras High Court recently observed that the prisoners were not slaves and could not be treated in inhuman ways to punish them for their crimes. The court added that torturing inmates would only propagate crimes and not mitigate them. The bench of Justice SM Subramaniam and Justice V Sivagnanam made the observations in a plea by a prisoner's mother alleging that he was being...
Applicability Of Section 5 Of Limitation Act To Petition U/S 34 Of Arbitration Act Is Excluded: Himachal Pradesh HC
The Himachal Pradesh High Court Bench of Ms. Justice Jyotsna Rewal Dua held that the prescribed period under Section 34(3) of the Arbitration Act is three months and further that given the language used in proviso to Sub-Section 3 of Section 34 of the Act, applicability of Section 5 of Limitation Act to the petition under Section 34 of the Act has been excluded.Brief FactsAward was passed by...
Two Adjudication Orders Against One Show Cause Notice For The Same Period Is Not Permissible: Delhi High Court
The Delhi High Court stated that two adjudication orders against one show cause notice for the same period is not permissible.The Division Bench of Justices Yashwant Varma and Ravinder Dudeja was dealing with a case where a show-cause notice had been issued to the assessee under Section 74 of the CGST Act, 2017. This notice was duly adjudicated by the department, resulting in an order....