Rajasthan HC Permits Woman Booked In Criminal Case To Return Abroad For Studies, Prevent Revocation Of Her Daughter's Foreign Citizenship

Rajasthan High Court allowed the petition filed by a women accused in a Cheating case, seeking permission to get back her passport and return to Canada to finish her studies and also prevent the revocation of her daughter's Canadian citizenship for staying in another nation for more than 180 days.The bench of Justice Farjand Ali was hearing the petition against the order of the...

[Confiscation] No Provision For Waiver Of Show Cause Notice U/S 124 Of Customs Act: Delhi High Court

The Delhi High Court recently came to the rescue of an OCI cardholder whose luxury watch was confiscated by the Customs Department when she landed at IGI Airport, without issuance of any show cause notice under Section 124 of the Customs Act, 1962. Section 124 stipulates that no order confiscating any goods shall be made unless the owner of the goods is given a notice informing...

Foreign Law Degree Holder With Bridge Course Not Required To Clear Other Qualifying Exams Except AIBE: Karnataka HC Cites BCI Notification

The Karnataka High Court has directed the State Bar Council to enrol a law degree holder from foreign university who has completed 2 years of Bridge Course, on its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examinations other than AIBE.A single judge bench of Justice Suraj Govindaraj allowed petition filed by Karan Dhananjaya and said “I...

State's Alcohol Ban Led To Illegal Liquor Trade; Police, Excise, Tax, Transport Dept Officials Love The Ban As It Means Big Money: Patna HC

While quashing the penalty of demotion imposed on an Inspector on the ground that he had been negligent in implementing the Excise Prohibition law, the Patna High Court observed that while the law was passed with the objective of improving public health however "for several reasons, it finds itself on the wrong side of the history".In doing so the court observed that prohibition law in the...

Gauhati High Court Closes PIL On Heritage Tree Felling In Assam's Dighalipukhuri After Govt Decides On Realignment Of Flyover

The Gauhati High Court on Wednesday (November 13) closed a Public Interest Litigation raising grievance that construction of two arms, connecting the under construction elevated road on GNB Road, would require the old trees aged about hundred years or more in and around Dighalipukhuri pond to be felled down.The division bench of the Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan...

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court

The Himachal Pradesh High Court bench of Mr. Justice Bipin Chander Negi has held that the deposit of awarded amount in pursuance of an order of the court into the court registry would be equivalent to payment under section 31 of the Arbitration Act. This will extinguish the liability arising under the award for which execution petition would then not be maintainable. Brief...

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma affirmed that Section 45 of the Arbitration Act casts a statutory mandate on Courts to refer parties to an arbitration agreement to arbitration. The only limited exception carved in Section 45 is if the Court is of the prima facie opinion that the arbitration agreement is (a) null and void; or (b) in-operative; or (c) incapable...

'Capital Grant Subsidy' Paid To Contractor To Meet Economic Shortfall In Revenue Is Not Liable For TDS Deduction: Delhi HC

The Delhi High Court has held that 'capital grant subsidy' which may be extended by the National Highways Authority of India to its contractors is not liable to TDS deduction under Section 194C of the Income Tax Act, since such grant cannot be construed as payment for a “work”.Section 194C requires deduction of tax at source on any sum which may be paid to a contractor for carrying out...

Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion

The Allahabad High Court last week granted bail to one Javed Alam, who was booked in an FIR lodged by a Bajrang Dal member accusing him of abducting a Hindu minor girl and having physical relations with her. A bench of Justice Sameer Jain noted that in her Section 161 and 164 CrPC statements, the victim girl stated that she was more than 17 years of age when the FIR was lodged and...

UP Panchayat Raj Act | Not Every Error In Gram Panchayat Inventory Purchase Bill Justifies Removal Of Pradhan: Allahabad HC

The Allahabad High Court has ruled that every error in a Gram Panchayat's inventory purchase bill cannot be grounds for proceeding against the Gram Pradhan under the UP Panchayat Raj Act 1947, specifically when such an error does not result in any property loss. “It is to be seen that Gram Pradhan is an elected member of the Gram Panchayat and his removal from the office of the...

Service By Ex-Serviceman During First National Emergency Can Be Counted For Pensionary Benefit For Govt Post Even After 1 Yr Of Discharge: P&H HC

The Punjab & Haryana High Court has said that the service rendered during First Emergency by the Ex-Servicemen will be counted for the pensionary benefits arising from the Government post which is joined later even beyond one year of service if the post reserved for Ex-Servicemen is not advertised within stipulated time. As per Punjab Recruitment of Ex-Servicemen Rules, 1982 the Officer...

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent.Single-judge Justice Govind Sanap while upholding the conviction of a man for raping his minor wife, rejected his argument that...