Prevention Of Animal Cruelty Act Needs To Be Scrupulously Implemented: Tripura High Court

The Tripura High Court recently remarked that the Prevention of Cruelty to Animals Act, 1960, Rules framed thereunder and the guidelines issued from time to time by the statutory authorities do need to be observed scrupulously at all levels by the concerned State authorities.The division bench of the Chief Justice Aparesh Kumar Singh and Justice Biswajit Palit directed the State authorities...

Relationship Between 'Jija' & 'Sali' Is Immoral But Rape Offence Not Attracted If Woman Is A Major: Allahabad High Court

The Allahabad High Court has recently observed that a relationship between brother-in-law and sister-in-law (jija and sali) is immoral; however, if the woman is a major, the said relationship doesn't attract the offence of rape. A bench of Justice Sameer Jain observed thus while granting bail to an accused (Jija) who was booked under Sections 366, 376, 506 IPC on the allegation that...

Install CCTV Cameras In All Police Stations By March 31, Strictly Follow SOP On Dealing With Members Of Armed Forces: Orissa HC Tells Police

The Orissa High Court, while dealing with a suo moto PIL, has recently ordered the Government and the police authorities to install CCTV cameras in all police stations as well as police outposts across the State by the end of March, 2025. After perusing the status report submitted by a senior police officer, the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Savitri...

Charitable Society Looking After Socio-Economic And Welfare Matters Of Ex-Servicemen, Their Families Can Levy Service Tax: Kerala HC

The Kerala High Court stated that services by charitable society who look after socio-economic and welfare matters of ex-serviceman and their families is liable to service tax. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “for an association like the assessee, the embarking on a transaction that is designed to earn income for its members,...

A School's Farm Land Won't Be Leased Without Reasoned Decision By Its Committee Presided By Village/Municipal Council Head: Allahabad HC

While disposing of a public interest litigation pertaining to illegal leasing of land belonging to schools, the Allahabad High Court has directed that school's farm land cannot be leased out without a reasoned decision by the Committee of the concerned school. The Committee to be constituted must include Gram Pradhan or Nagar Palika Adhyaksha as President and a person nominated by...

'Mridanga Vision' Proprietor Moves Kerala HC Seeking Anticipatory Bail Over Accident At Event Which Injured MLA Uma Thomas

Nigoshkumar M., the sole proprietor of 'Mridanga Vision' has moved the Kerala High Court seeking anticipatory bail over the accident caused to Thrikkakara MLA Uma Thomas.Reportedly, the MLA fell from the 15-foot VIP gallery erected at the Jawaharlal Nehru Stadium for the event 'Mridanga Naadam'. The program was organized by Mridanga Vision with an intention to set a Guinness World Record and...

In Revision Jurisdiction While Considering Discharge Plea Court Has To Only See If IO Collected Sufficient Material Or Not: Karnataka HC

The Karnataka High Court has said that scope of revision is very limited against the discharge application and the Court has to consider only the material on record collected by the Investigating Officer whether sufficient or not.Justice H P Sandesh held thus while dismissing the petition filed by Dr Mohankumar M. Referring to judgments of the Supreme Court It said, “The Court cannot conduct...

Karnataka High Court Weekly Digest: December 23 - December 29, 2024

Citation 2024 LiveLaw (Kar) 526 to 2024 LiveLaw (Kar) 531Nominal Index:M Manjula & Others AND Deputy Commissioner & Others. 2024 LiveLaw (Kar) 526Union Bank of India & ANR AND V Harsih D Kamath & ANR. 2024 LiveLaw (Kar) 527G Swamy AND B Devendrappa. 2024 LiveLaw (Kar) 528Ms X AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 529Chandra @Chandrashekhara Bhat AND State...

'Employer Can't Recover Excess Amount For Period Extending 5 Years', Delhi High Court Reiterates

A Single Bench of the Delhi High Court comprising Justice Jyoti Singh held that the recovery of an excess amount of Rs. 9 lacs would not be just and fair. The Court reiterated that although an Employer has the right to recover the excess amount mistakenly paid to an Employee, the same cannot be done in cases where the excess payment has been made for a period in excess of five...

Phrase "Where It Is Possible To Do" U/S 73(4B) Of Finance Act Doesn't Make Timeline To Determine Service Tax Dues 'Suggestive': Delhi HC

The Delhi High Court has held that the usage of expression "where it is possible to do so" doesn't make the timeline stipulated under Section 73(4B) of the Finance Act, 1994 to determine service tax dues 'suggestive' in nature. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta Sharma observed, “...Section 73(4B) was framed and introduced in...

Public Spirited Person Undergoing Sterilisation Can't Be Deprived Of Advance Increments Under Scheme For Family Planning: Madhya Pradesh HC

The Indore Bench of Madhya Pradesh High Court held that if a public spirited person (whether he is a government servant or not) unselfishly gets himself/herself sterilised for family planning, such person cannot be later deprived of any benefit under a government scheme for advance increments to government servants opting for family planning.In doing so, the court clarified that such person...

Delhi HC Upholds Limited Judicial Interference In Arbitral Awards, Dismisses S.34 Plea Challenging Award Of ₹77.96 Crore In Telecom Dispute

The Delhi High Court bench of Justice Dinesh Kumar Sharma has observed that it is no longer res integra that while dealing with the objections under Section 34, a court does not sit in appeal over the arbitral award. The court observed that under Section 35(2)(a), an award can be set aside only if the petitioner establishes that the parties were under some incapacity or...