Calcutta High Court Calls For State's Report On Fatal Coal Mine Blast In Birbhum District

The Calcutta High Court vacation bench has called for a report from the state government on the blast at a coal mine in Birbhum district, leaving several coal miners dead, and injuring others.A division bench of Justices Tirthankar Ghosh and Uday Kumar directed the state to furnish a report on the explosives used in the blast, the progress of the investigation, as well as the forensic report,...

Karnataka HC Issues Guidelines To Trial Court For Release Of Property Like Mobile Phones, Laptops Seized During Criminal Case Investigation

The Karnataka High court has issued model guidelines to be followed by the trial courts while dealing with release of the seized properties either under Section 451 and 457 Cr.P.C., or under Section 497 of BNSS, till the State Government issues directions in this regard.A single judge bench of Justice V Srishananda in its order said, “State Government is required to frame necessary rules...

Karnataka High Court Seeks ASI's Response On Plea To Declare Allama Prabhu Swamy Temple As Protected Monument

The Karnataka High Court on Monday (October 14) sought the Archaeological Survey of India's stand in a public interest litigation (PIL) plea seeking directions for declaring the Allama Prabhu Swamy Temple situated at Hidkal dam backwaters in Belagavi district as a protected monument claiming that it is over 100 years old. The PIL petition, moved by law student Nikhil Patil, further seeks that...

Delhi High Court Allows Extension Of Arbitrator's Mandate Despite Post-Expiry Filing U/S 29A Of Arbitration Act

The Delhi High Court Bench of Justice Prateek Jalan has held that a petition filed under Section 29A of the Act is maintainable even if it is filed after the expiry of the arbitrator's mandate. Further, the court observed that this question is still pending before the Supreme Court due to a conflict of decisions of different High Courts, the view taken by Delhi High Court has...

Taxpayer Can't Be Denied ITC For Merely Filing GST Form Manually If Functionality Issues Are Attributable To Dept: Bombay High Court

Recently, an issue cropped up, where it was emphasized that technicalities created by the Department and not the taxpayer, should not be put forth by the department to defeat the statutory rights and entitlement of the taxpayers.The Bombay High Court ruled that concerned Revenue officials (Respondent) cannot deny the benefits of accrued ITC (input tax credit) to the assessee (Petitioner)...

HC Takes Suo Moto Cognizance Of Report On Proposed Cutting Of 1.19 Lakh Trees Near Kuno National Park, Reiterates Fundamental Right To Clean Environment

The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman at the Rajasthan High Court, on October 9, 2024, took suo moto cognizance of a report published by the daily newspapers Dainik Bhasker and Rajasthan Patrika reporting a proposal of cutting down 1.19 lakh trees near the Kuno National Park for establishing a pumped storage project the Baran district.Based on...

Personal Information Of Employees Like Service Records, Copies Of Promotion & Financial Benefits Can't Be Disclosed Under RTI Act: Delhi High Court

A single judge bench of the Delhi High Court comprising of Justice Sanjeev Narula, while deciding writ petition held that the personal information of employees like service records, copies of promotion & financial benefits can't be disclosed under the RTI Act. Background Facts On April 19, 2017, respondent No. 3 submitted an RTI application. It was sent to the Public...

S. 119(2)(b) Income Tax Act | Gujarat HC Directs Commissioner To Avoid Pedantic Approach, Condone One Year Delay In Filing Return

The Gujarat High Court recently allowed the petition preferred by a woman seeking to condone over one year delay in filing of her income tax return for an assessment year. A division bench of Justices Bhargav D. Karia and Mauna M. Bhatt also criticized the “pedantic approach” in deciding Petitioner's application under section 119(2)(b) of the Income Tax Act,...

"Caste-Based Discrimination": Rajasthan High Court Quashes FIR Against Woman For Entering Temple, Says It Isn't Trustees' Personal Property

Rajasthan High Court quashed the FIR filed against a woman from a marginalized community for the alleged offence of creating chaos at the Mahakaleshwar Mahadev Ji Siddh Dham temple by trying to forcibly cut open the lock of the temple and enter forcefully.The bench of Justice Arun Monga observed that in the background of no evidence showing criminal intent on the part of the petitioner for...

Kerala HC Grants Pre-Arrest Bail To Husband Accused Of Abetting Wife's Suicide, Cites SC Judgment On Different 'Suicidable Patterns'

The Kerala High Court recently granted pre-arrest bail to a man, accused of abetting the suicide of his wife, after noting that there was no prima facie evidence suggesting the commission of the offence and that the deceased had never complained of any physical or mental harassment by the husband prior to her death. In doing so the court further observed that the matter requires an...

Patna High Court Nixes Trial Court's Order Dismissing Plea For Amendment Of Plaint In Title Suit, Says Issue Of Limitation Is Disputed

The Patna High Court, while allowing a petition under Article 227 of the Constitution of India to set aside an order passed by the Munsif court in a Title Suit, said that the issue of limitation, being disputed, could be addressed after permitting the amendment of the plaint which was sought within the limitation period. The high court said that the suit was presently at the stage of...

Assessee Can't Claim ITC For Transportation If Costs Aren't Included In Assessable Value Of Goods For Payment Of Central Excise Duty: Kerala HC

The Kerala High Court stated that assessee cannot claim input tax credit for transportation services if transportation costs are not included in assessable value of goods for payment of central excise duty. The Division Bench of Justices A.K. Jayasankaran Nambiar and Syam Kumar V.M. observed that “………the assessee did not include the transportation costs in the assessable value...