All High Courts
Hopeful That Move As Meghalaya HC Court Chief Justice Will Bring About Long-Expected Change In Calcutta High Court: Justice IP Mukherji
On Monday, Justice Indra Prasanna Mukherji bid farewell to the Calcutta High Court. Justice Mukherji who was elevated to the bench on 18th May 2009, was recently transferred as Chief Justice of the Meghalaya High Court.Justice Mukherji, who is a third-generation lawyer, enrolled as an advocate in 1990 and continued his practice till his elevation nineteen years later.In his farewell...
Allahabad High Court Weekly Round-Up: September 23 To September 29, 2024
NOMINAL INDEX Vihari And 2 Others vs. State of U.P. and Another 2024 LiveLaw (AB) 589 Rabiya vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 590 Arun Mishra vs. Honble Mrs Justice Sunita Agrawal, The Then Puine Judge Of This High Court Of Judicature At Allahabad 2024 LiveLaw (AB) 591 Kishore Shankar Signapurkar v. State Of U.P. And Anr...
RP Act 1951 | High Court Has No Power To Extend Limitation Period Or Condone Delay In Filing Of Election Petition: Allahabad HC
The Allahabad High Court has observed that under the Representation of the People Act, 1951, it does not possess the power to extend the limitation period or condone delays in filing election petitions.A bench of Justice Samit Gopal also said that the 1951 Act is a code in itself and thus, the Limitation Act, 1963 provisions do not apply to election petitions, and the filing/presentation...
Medical Board's Opinion On Age Only An Estimation, Not Accurate: Allahabad HC Grants Relief To Class 6 Girl Denied Admission For Being 'Overage'
The Allahabad High Court recently set aside an order which had upheld a school's decision to deny admission to a female student in class 6 based on a report which allegedly indicated that she was about 15 years. Noting the authenticity of the student's birth certificate which was questioned by the school to deny admission, the court said that subjecting the student to medical examination...
Fully Functional E-Prison Website Essential For Justice Dispensation: Rajasthan HC Asks DG Prisons, Others To Resolve Issues With Site
"The fully functional e-Prison website is essential for dispensation of justice and it not being in a right shape, is a cause of concern to the Court," said the Jodhpur bench of Rajasthan High Court expressing its concern while hearing a criminal writ petition on the issue. A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its order highlighted that several...
Jharkhand HC Commutes Death Sentence Of Constable Who Opened Fire On Milk Supplier For Demanding Dues, Says S.27 Arms Act Not Attracted
The Jharkhand High Court has commuted the death sentence imposed on a Railway police constable who opened fire on the family of his neighbour-milk supplier, for demanding dues.While doing so, the Court held that since the Constable had used his service pistol, conviction under Section 27 of the Arms Act 1959 cannot stand.The Court clarified that Section 27 of the Act does not apply in all...
Govt Seeks To Recall High Court Order Asking Not To Deploy Punjab Police For Judge's Security, Says It Tarnishes Reputation Of The Force
The Punjab Government has filed an application seeking recall of a Punjab & Haryana High Court order passed on September 27- directing not to deploy Punjab Police for security of a sitting High Court judge who exposed "large-scale lapses on the part of investigating agencies" of Punjab and whose security was compromised in a recent incident. The division bench of Chief Justice Sheel Nagu...
Self-Assessment U/S 143(1) Income Tax Act Doesn't Qualify As Assessment By AO, No Bar On Reopening Assessment U/S 147: Delhi HC
The Delhi High Court has held that merely because an assessee made self-assessment under Section 143(1) of the Income Tax Act 1961, is not reason to preclude reassessment proceedings initiated by the Department. “The assessment of tax under Section 143(1) of the Act is a self-assessment and in a strict sense cannot be stated as assessment framed by the AO,” observed a bench...
Law Doesn't Give Exception From DNA Profiling On Ground That Accused And Victim Are Siblings: Kerala High Court
The Kerala High Court has stated that neither the CrPC nor the Bharatiya Nagarik Suraksha Sanhita (BNSS) gives exception from DNA profiling on the ground that the accused and victims are siblings.The accused and victim here are siblings, and the accused is alleged to have committed offences punishable under Sections 376, 376(3) (punishment for rape) of the IPC, Section 5j(ii)...
Confession Made By An Accused Before Panchayat Qualifies As Extra-Judicial Confession: Jharkhand High Court
The Jharkhand High Court has held that a confession made by an accused person before the Panchayat qualifies as an extra-judicial confession. The Court emphasised that an extra-judicial confession can serve as the basis for conviction if the person before whom the confession is made is impartial and not hostile toward the accused.A division bench comprising Justices Ananda Sen and Gautam...
Three-Arbitrator Tribunal To Become Sole Arbitrator Tribunal On Failure Of Party To Appoint Its Arbitrator- Delhi High Court To Examine
The Delhi High Court has resolved to examine an arbitration clause in the General Conditions of Contract (GCC), if the same is affected by the line of judgments following Perkins Eastman Architects DPC v. HSCC (India) Ltd, Bharat Broadband Network Ltd v. United Telecoms Ltd and Haryana Space Application Centre (HARSAC) v. Pan India Consultants Pvt Ltd. The bench of Justice C....
Retailer Can't Be Presumed To Fall Under 'Exceptions' From GST Registration Without Supporting Materials Placed On Record: Gauhati HC
The Gauhati High Court has held that a retailer cannot be presumed to fall within the exception from registration under the Assam Goods and Services Tax Act 2017, without any materials placed on record to support the exemption. A bench of Justice Sanjay Kumar Medhi observed that though certain entities are given exemption under the Act, there cannot be any presumption in that...