[Self-Incrimination] Company Cannot Seek Protection Under Article 20(3) Of Constitution Without Satisfying Its Ingredients: P&H High Court

The Punjab & Haryana High Court has made it clear that a company cannot refuse to produce a summoned document by seeking protection of Article 20(3) of the constitution, without satisfying its ingredients.Article 20(3) ensures that no person accused of an offense shall be compelled to be a witness against themselves. This means that an individual cannot be forced to provide evidence...

Man's Refusal To Marry Woman After Break-Up Of Relationship Not Grounds To Book Him For Abetting Her Suicide: Bombay High Court

The Bombay High Court bench at Nagpur on Wednesday held that just because a woman committed suicide after her 'long standing relationship' was broken up by the man, he cannot be booked for abetting her suicide. Justice Urmila Joshi-Phalke discharged a man booked for abetting the suicide of a woman, with whom he was in a relationship for 9 years. "It is only a case of broken relationship which...

Allahabad HC Orders Removal Of Unauthorized Encroachers At Entry Gates Of 'Chhota Imambara' In Lucknow

Last week, the Allahabad High Court (Lucknow Bench) directed the local authorities and district administration to ensure the removal of unauthorized encroachers at the entry gates of Chhota Imambara in Lucknow. A bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi passed this order while hearing a 2013 PIL plea moved by Advocate Syed Mohammad Haider Rizvi for...

Judge's Security Breach | Punjab & Haryana HC Directs Continuation Of Heightened Security, Asks Judge To Scale It Down As Per Threat Perception

The Punjab & Haryana High Court directed to continue with the security provided to the sitting High Court judge who recently experienced a security breach in Golden Temple, Amritsar.Previously, Court had directed to deploy 3-4 Central Reserve Police Force (CRPF) personnel in security of the judge along with his Personal Security arrangement.On September 22, a man pulled out the gun of...

Malayalam Abuse 'P***di Mone' Means 'Son Of Sex Worker', Not Casteist Slur : Kerala High Court

The Kerala High Court has held that the Malayalam phrase- 'pulayadi mone', meaning 'son of a prostitute' is not a castiest slur to attract an offence under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.Justice C S Sudha observed thus, “Going by the dictionary meaning, the word പുലയടി മോനെ means son of a prostitute. That being so,...

ITAT Cannot Decide On Grounds Not Addressed By Commissioner Of Income Tax (Appeals): Delhi High Court

The Delhi High Court recently said aside an order passed by the Income Tax Appellate Tribunal, deciding grounds that did not arise from the impugned order passed by the Commissioner of Income Tax (Appeals). A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela observed, “The Assessee's challenge to the addition of ₹4,30,00,000/- under Section 68 of...

Baggage Rules Should Be Reviewed To Prevent Harassment Of Genuine Air Travellers Carrying Gold Jewellery To Attend Weddings: Delhi HC

The Delhi High Court has urged the Central government as well as the Customs department to review the Baggage Rules, 2016 which regulate the amount of gold or gold jewellery that can be carried by a person travelling to India by air. A division bench of Justices Prathiba M. Singh and Dharmesh Sharma observed, “While, there is no doubt that any illegal smuggling of gold deserves to...

Divorce More Traumatic For Woman When Husband Resists Maintenance Claim, Capable Man Can't Take Defence Of “Inadequate Resources”: Kerala HC

While hearing a man's plea challenging the amount of maintenance ordered to be given to his ex-wife and four children, the Kerala High Court reiterated that a man/obligant who is capable of earning and has no physical incapacities, cannot take the defence of having "no resources" to maintain the beneficiaries.A division bench of Justice Devan Ramachandran and Justice M. B. Snehalatha said:...

Using Welding Machine In Residential Society Is Nuisance: Gujarat HC Says Orally, Issues Notice On Plea To Quash Order Against Welding Unit

Hearing a man's plea for quashing an order concerning alleged nuisance caused by his 25-year-old welding unit stated to be operating at the outskirts of a residential society, the Gujarat High Court on Thursday (January 16) while issuing notice orally said that if machines are used for welding in residential society it would amount to nuisance. The petitioner has sought setting aside/quashing...

Samsung India Electronics Not A 'Permanent Establishment' Of Samsung Korea, Cannot Be Taxed In India: Delhi High Court

The Delhi High Court has held that Samsung India Electronics Pvt. Ltd (SIEL), a wholly owned subsidiary of South Korea-based Samsung Electronics Co. is not its 'Permanent Establishment' (PE) in India, hence not exigible to tax here.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar agreed with ITAT's findings that the secondment of employees by Samsung Korea was...

Delhi High Court Reserves Verdict On Plea Seeking Special Sitting Of Assembly To Table CAG Reports

The Delhi High Court on Thursday reserved verdict on a petition seeking a special sitting of the Legislative Assembly to table various reports of the Comptroller and Auditor General (CAG).Justice Sachin Datta reserved judgment in the plea filed by Leader of Opposition in the Delhi Legislative Assembly Vijender Gupta and six BJP MLAs Mohan Singh Bisht, Om Prakash Sharma, Ajay Kumar Mahawar,...

Bombay High Court Restrains Rupali Ganguly's Step Daughter From Giving Defamatory Interviews & Posts Against Her

The Bombay High Court on Wednesday in an ad-interim order, restrained Esha Verma and John Doe platforms from making or publishing any defamatory content against TV actor Rupali Ganguly.Single-judge Justice Arif Doctor passed the order after it noted that the posts and interviews by Esha, the step-daughter of Rupali, were prima facie defamatory. "I find that the posts, interviews etc are not...