All High Courts
Complaint Didn't Mention Accused Was Aware Of Caste, Alleged Remark Wasn't Made In Public: Punjab & Haryana HC Quashes SC/ST Act Case
The Punjab & Haryana High Court has quashed the FIR and related proceedings under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), observing that it was no where mentioned in the FIR lodged by the complainant that accused persons were aware of his caste.Justice NS Shekhawat noted, "While narrating this incident, it has no where been mentioned...
Allahabad High Court Directs State GST Dept To Not Initiate Action For Assessment Years In Which Central GST Had Already Acted
The Allahabad High Court has directed the State Goods and Service Tax Authorities to not take action for any assessment year in which the Central Goods and Service Tax Authorities have already taken action. Petitioner approached the High Court under Article 226 of the Constitution of India against the actions taken by the State and Central GST Authorities for the same assessment...
Modesty Of Woman Is Outraged When Action Of Offender Could Be Perceived As Being Capable Of Shocking Her Sense Of Decency: Kerala High Court
The Kerala High Court has held that an offence of outraging the modesty of a woman under Section 354 of the IPC is attracted when the offender's action is such that it would be perceived as capable of shocking a woman's sense of decency.In this case, the President of the Parent Teachers Association (PTA) of an upper primary school was accused of using obscene language and outraging the modesty...
Appeals U/S 260A Of Income Tax Act Not Sustainable In Absence Of Perversity In Tribunal's Fact Finding: Allahabad High Court
While entertaining an Income Tax Appeal, the Allahabad High Court has held that an appeal under Section 260A of the Income Tax Act, 1961 cannot be sustained without establishing a perversity with the fact finding of the Tribunal. “In the instant appeal the department has only challenged the fact finding off the Tribunal. A catena of Supreme Court judgments have concluded that...
Swarnrekha River Revival Project: Madhya Pradesh HC Says Synergy Between State And Gwalior Municipal Corporation 'Need Of The Hour'
In the case concerning revival of the Swarnrekha River, the Gwalior bench of Madhya Pradesh High Court has directed the city Municipal Corporation to requisition the Detailed Project Report–on laying down of sewer lines–sent for vetting to Maulana Azad National Institute of Technology, within a month so that the court can scrutinize it.The court further emphasized that the concept of...
Providing "Ambiguous Reasons" Akin To Non-Speaking Order: Gujarat HC Sets Aside Revenue Tribunal's Order Condoning 22-Yrs Delay By State
The Gujarat High Court on Monday (November 25) quashed and set aside the order of the Gujarat Revenue Tribunal that condoned the delay of approximately 22 years and 8 months in challenging an order issued by the Deputy Collector. In doing so the court noted that the reasons provided by the Tribunal were unsustainable and its order was akin to a non speaking order. The case centred on the...
Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court
The Allahabad High Court has held that once the High Court has directed the assesee to approach the appellate authority under Section 107 of the Central Goods and Service Tax Act, 2017, the appeal cannot be dismissed as not maintainable. Counsel for petitioner argued that notice and demand under Section 79 of the CGST Act were issued to the petitioner, pursuant to which it approached...
Liquor Policy: Manish Sisodia Moves Delhi High Court Against Cognizance Of ED Chargesheet
Aam Aadmi Party (AAP) leader Manish Sisodia on Monday moved the Delhi High Court challenging a trial court order which took cognizance of ED's chargesheet against him in the money laundering case linked to the alleged excise policy scam.Justice Manoj Kumar Ohri asked ED to respond to the petition and listed the matter for hearing on December 20 when a similar petition of AAP Chief Arvind...
CCTV Cannot Be Installed Without Consent Of Person In Possession Of House: Calcutta High Court
The Calcutta High Court has recently held that CCTV cameras cannot be installed on the premises of a house without the express consent of the person in possession of the house.Justice Tirthankar Ghosh further held that in cases where cameras had been installed without the permission of the possessor, the occupant would be free to deactivate the said cameras in order to maintain their...
Karnataka High Court Weekly Round-Up: November 25 - December 01, 2024
Citations: 2024 LiveLaw (Kar) 481 To 2024 LiveLaw (Kar) 489Nominal Index:Krishnappa M T & ANR AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 481National Institute of Mental Health And Neuroscience AND S Anitha Joseph. 2024LiveLaw (Kar) 482K Ramakrishna AND Assistant Director 2024 LiveLaw (Kar) 483M/S COMPASSION UNLIMITED PLUS ACTION (CUPA AND State of Karnataka & ANR. 2024...
Proper Officer Must Provide 'Reason To Doubt' Value Of Goods Declared By Importer Before Initiating Reassessment U/S 17 Customs Act: Delhi HC
The Delhi High Court has held that the proper officer under the Customs Act, 1962 must provide “reasons to doubt” the declared value of imported goods, before proceeding with reassessment under Section 17. Pertinent to note that Section 17 of the Customs Act, 1962 relates to 'Assessment of duty'. An entity intending to import goods is required to self-assess the duty which would...