All High Courts
Pendency Of Criminal Appeal Against Conviction In Schedule Offence Not Bar For Proceeding With PMLA Trial: Madras High Court
The Madras High Court recently observed that pendency of a criminal appeal against the conviction in a schedule offence is not a bar to proceed wit trial in the PMLA case. The court stressed that the schedule case and the PMLA case are distinct and different and thus the trial in money laundering case could not be postponed merely on the pendency of a criminal appeal in...
Criminal Accusation Doesn't Imply One Should Surrender All Comforts To Participate In Trial: Madras HC Grants Relief To Octogenarian Accused
The Madras High Court recently came to the aid of an octogenarian with Parkinsons disease by directing Special Court for CBI cases to frame charges in a case against him through video conferencing, as per Section 355 of the BNSS. Justice N Seshasayee observed that merely because a person was facing criminal accusations, it would not imply that he should surrender all his comforts...
"Painful To Stay In Indian Jails": Bombay HC Directs Complainant To Pay Rs 4.2 Lakhs Compensation To Man Wrongly Jailed At His Instance
Observing that it is most painful to stay in the overcrowded jails in India, the Bombay High Court recently while granting bail to a man 'wrongly' made an accused, ordered the complainant to pay Rs 4,20,000 to him for curtailing his freedom and for loss of his income.Single-judge Justice Sanjay Mehare, sitting at Aurangabad bench, noted that the petitioner, a labourer, was in jail from...
S. 68 Of Income Tax Act Not Attracted When There Is No Unexplained Amount In Bank Statement: Gujarat High Court
The Gujarat High Court stated that there cannot be any income escapement by the assessee if there is no unexplained amount in the bank statement on record. The Bench of Justice Bhargav D. Karia and Mauna M. Bhatt observed that “the reason given by the Assessing Officer for alleged escapement of Rs.3,25,00,000/- is not sustainable since there is no unexplained amount in...
Penetration With Male Organ Not Necessary To Constitute Rape, Penetration Could Be With Any Body Part, Object Or Even An Attempt: Madras HC
The Madras High Court recently reiterated that to constitute an offence of rape, penetration using the male organ is not necessary and any penetration using any body part or object or even an attempt to penetrate or manipulate a body part could be considered under rape. Justice K Murali Shankar observed that post the 2013 amendment to the criminal laws, the definition of rape had...
Sarpanch Elected In Bye-Election Cannot Claim To Continue Tenure Till Completion Of 5 Yrs: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that a sarpanch elected in bye-election cannot claim to continue the tenure beyond the period of 5 years from the first meeting conducted.The Court dismissed the plea filed by Sarpanch elected in bye-election from Punjab's Gram Panchayat Bhamme Kalan seeking quashing of notification whereby on completion of five years term.Justice Sureshwar Thakur...
"Possible That Daughter Implicated Father In False Rape Case Due To Matrimonial Dispute Between Parents": Bombay High Court Grants Bail To Man
The Bombay High Court on Tuesday (October 15) while granting bail to a man, booked for allegedly sexually assaulting his own minor daughter, observed that there is every possibility of the daughter implicating her father in a false case at the behest of her mother, since the parents have locked horns in a separate matrimonial dispute.Single-judge Justice Manish Pitale noted the...
PGIMER Hospital Workers On Strike Must Immediately Return To Work Or Admin Would Be Free To Take Coercive Steps: Punjab & Haryana High Court
The Punjab & Haryana High Court on Wednesday directed the hospital workers of the Postgraduate Institute of Medical Education and Research (PGIMER), Chandigarh to stop the ongoing strike and immediately return to work failing which the PGIMER and the Chandigarh UT administration will be free to take coercive steps.The outsourced employees including sanitation workers of PGIMER are...
Credit Cannot Be Blocked In Electronic Credit Ledger If Sufficient Balance Not Available: Gujarat High Court
The Gujarat High Court stated that there cannot be any blocking of the credit in electronic credit ledger if there is no sufficient balance available. The Division Bench, comprising Justices Bhargav D. Karia and Niral R. Mehta, was hearing a case where the assessee contested the blocking of Input Tax Credit (ITC) amounting to ₹2,44,05,567 in its electronic credit ledger....
Orders Passed U/S 12 Of Guardians And Wards Act Appealable U/S 19 Of Family Courts Act: Delhi High Court
A full bench of Delhi High Court on Wednesday ruled that the orders passed under Section 12 of the Guardians and Wards Act would be appealable under Section 19 of the Family Courts Act.Section 12 of Guardians and Wards Act gives power to the Family Court to pass interlocutory order for production of minor and interim protection of person and property. Section 19 of Family Courts Act states...
In Multiple Matrimonial Proceedings, Plea Claiming Higher/ Highest Maintenance Must Be Decided First: Allahabad High Court
Referring to the Supreme Court's decision on multiple deductions towards maintenance amount, the Allahabad High Court has said that in matrimonial disputes if there are multiplicity of maintenance proceedings under different legislations, the plea claiming the highest maintenance must be decided first by the concerned court. The observation came in an army personnel's plea who claimed that...
Even A Time-Barred Claim Can Be Introduced By Amendment If Trial Hasn't Commenced: Patna High Court
The Patna High Court, while disposing of a petition filed under Article 227 of the Constitution, challenging an order passed by the Munsif, upheld the order allowing an amendment petition under Order VI Rule 17 of the Code of Civil Procedure, 1908, for amending the plaint, while acknowledging that although the amendment appeared to introduce a time-barred claim, considering the early stage of...