Finance Act, 1994 | Mere Non-Registration Under Service Tax Isn't Fraud Or Suppression To Justify 5 Year Limitation: Patna High Court

The Patna High Court has recently quashed a service tax demand raised against a government contractor, ruling that merely not registering for service tax could not be equated with fraud or suppression of facts warranting the application of the five-year extended limitation period under the Finance Act, 1994.The Division Bench comprising Justice Rajeev Ranjan Prasad and Justice Sourendra...

Making Medical Facilities Available In Govt Hospital Is State's Constitutional Duty, Court Can Issue Directions If It Is Neglected: Madras HC

While directing the State Government to make Bone Marrow Facilities available in the Government Hospitals, the Madras High Court recently observed that the government had a constitutional obligation to ensure that medical facilities are available in government hospitals and they reach the poor, downtrodden, and underprivileged citizens of the country. The bench of Justice MS Ramesh...

Punjab & Haryana High Court Directs States To Form SOPs For Curbing 'Gangster Culture', Says Judiciary Must Send Strong Message

The Punjab & Haryana High Court has directed the Governments of Punjab and Haryana to frame a Standard Operating Procedure (SOP) to curb gangster culture.Justice Harpreet Singh Brar said, "The judiciary must ensure that those who engage in such nefarious activities face the full brunt of the law, sending a strong message that such criminality will not be tolerated. This will be a step...

'Easy To Point Finger At Authorities': Bombay HC In Senior Citizens' PIL Against Illegal Parking, Asks Them To Try Creating Awareness

While hearing a PIL seeking action against illegal parking near a railway station, the Bombay High Court asked the petitioners whether they would visit the station between 10 am and 5 pm to "create awareness" on the issue. A division bench of Chief Justice Alok Aradhe and Justice MS Karnik remarked that 'public spirited persons' should provide a remedy to the problem, instead of just...

Telangana High Court Protects BRS Leader Kaushik Reddy From Arrest For Allegedly Demanding Bribe In Connection With Illegal Mining

The Telangana High Court has directed the State not to take coercive action against BRS Party MLA Kaushik Reddy, on allegations of demanding a bribe of ₹50 lakhs from the husband of the de facto complainant for running an illegal mining quarry.The order was passed by Justice K. Lakshman, who noted that the police had registered an FIR without conducting a preliminary investigation and...

'Trial Conducted In Perfunctory Manner': Orissa High Court Sets Aside Death Sentence For Rape & Murder Of Minor Girl, Orders Fresh Trial

The Orissa High Court has set aside the extreme penalty of death imposed upon a man for rape and murder of a five-year-old girl on the ground that the Sessions Court conducted the trial in a 'perfunctory' and 'mechanical' manner without even ensuring proper legal representation to the accused, and denying adequate opportunity to put forward mitigating circumstances.While remanding the case...

Gullible Individuals Fall Prey To Inducements In Name Of Religious Preachers, Harsh Reality Of Society: Delhi High Court

The Delhi High Court has observed that gullible individuals facing rough time in their life fall prey to inducements in the name of religious preachers, terming it to be a harsh reality of the society. “One cannot ignore the harsh reality of our society where gullible individuals facing the rough weathers in life fall prey to such inducements in the name of religious preachers,”...

Dowry Death Strikes At Foundations Of Dignity In Domestic Life, But No Blanket Prohibition On Grant Of Bail To Accused: Delhi High Court

The Delhi High Court has recently observed that the offence of dowry death strikes at the very foundations of dignity and justice in domestic life but underscored that there is no blanket prohibition for grant of bail in such cases.“This Court remains fully conscious of the societal gravity and enduring prevalence of dowry deaths. Such offences strike at the foundations of dignity,...

Maharashtra Police Agrees To Hand Over Probe Papers In Badlapur Fake Encounter Case To SIT After Bombay HC Rap

The Bombay High Court today rapped the Maharashtra Police for failing to transfer the investigation in the Badlapur 'Fake' Encounter case to an SIT formed by the High Court on April 7.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale remarked that the act of the State Police of not transferring the case despite clear orders amounts to 'brazen violation' of its orders and...

Medha Patkar Withdraws Plea Against Conviction In Defamation Case Filed By LG VK Saxena From Delhi High Court

Narmada Bachao Andolan leader and activist Medha Patkar on Friday withdrew from the Delhi High Court her plea against her conviction in the criminal defamation case lodged against her by Vinai Kumar Saxena in 2001.VK Saxena is presently Delhi's Lieutenant Governor. Justice Shalinder Kaur dismissed the plea as withdrawn with the liberty to file a fresh petition, as prayed by Patkar's...

Andhra Pradesh High Court Dismisses Plea Challenging Tie-Breaker Lottery Clause In Tender Document

The Andhra Pradesh High Court has dismissed a plea seeking to declare a lottery clause in a tender document, which envisaged that in case two bidders quote lowest commission, the tie will be broken based on draw of lottery— as arbitrary and violative of the principles of natural justice.A Single Judge Bench of Justice Subba Reddy Satti held,“…the said clause, impugned in the writ...

Shahabas Murder Case: Kerala High Court Denies Bail To 5 Juveniles Accused Of Attacking Class 10 Student Leading To His Death

The Kerala High Court on Friday (25th April) denied bail to the 5 juveniles who are apprehended for being involved in the murder of 15-year-old Shahabas, a class 10 student who was allegedly attacked by his tuition fellows in Kozhikkode which lead to his death."Considering the above aspects, I am not inclined to grant bail to the petitioners" Justice Jobin Sebastian ordered. The quintet has...