[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court

The Kerala High Court refused to accept the argument that the CBI is divested of investigative powers when it is revealed during investigation that no offences under the Prevention of Corruption Act (PC Act) were made out.Justice K. Babu observed that while the FIR should allege offences under the PC Act for the CBI to start an investigation under Section 17 of the Act, it does not stop them...

Gujarat HC Holds 4 Senior Citizen Women Guilty Of Contempt, Refrains From Sending Them To Civil Imprisonment In View Of Their Age

The Gujarat High Court has held four senior citizen women guilty of contempt of court, for entering into an agreement to sell a disputed property and creating third party rights despite a 2010 status quo order. However, noting the age of the contemnors, the court did not send them to civil imprisonment; instead it fined them with Rs 2000 each, quashed the agreement to sell the property...

Income Tax Act | Principal Commissioner Has Authority To Cancel Registration Of Assessee Without Waiting For Decision From Assessing Authority: Kerala HC

The Kerala High Court stated that principal commissioner has authority to cancel registration of assessee without waiting for decision from assessing authority. The Division Bench of Justices A.K. Jayasankaran Nambiar and Easwaran S. observed that “the provisions of Section 12AA independently empower the Principal Commissioner to consider whether or not the circumstances mentioned...

Madras High Court Orders CBCID Inquiry Against Law Firm For Alleged Involvement In Unlawful Activities In Land Transaction

The Madras High Court has directed the Crime Branch-Crime Investigation Department (CBCID) to investigate the genuineness of a law firm and its associates after noting that the lawyers had been indulging in forum shopping, misrepresenting the court, and attempting to legalise their illegal activities. “An analysis of the entire facts and circumstances of the case including the copies...

'Victim Refused To Undergo Medical Examination': Himachal Pradesh High Court Confirms Pre-Arrest Bail Of Man Accused Of Committing Rape

The Himachal Pradesh High Court has confirmed a pre-arrest bail of a rape accused, considering factors including that the prosecutrix refused to undergo medico-legal examination.Justice Virender Singh noted that, "It has rightly been highlighted by the learned counsel appearing for the applicant that in the complaint, as well as, as per the stand taken by the police, the prosecutrix has...

Maha Police Ought To Have Registered FIR Against Errant Cops Based On Complaint By Badlapur 'Fake' Encounter Deceased's Parents: Amicus Tells Bombay HC

Senior Advocate Manjula Rao, who was appointed as an Amicus Curiae in the Badlapur Encounter Case, wherein the accused in the Badlapur Sexual Assault case was allegedly killed in a staged encounter, on Monday told the Bombay High Court that the State Police had no choice but to lodge a First Information Report (FIR) against the errant cops but they have not filed one yet.Rao told a division...

Punjab & Haryana HC Raps State For Biased Probe Against Cops Accused Of Taking Bribe In Drugs Case, Refers Case To NCB

The Punjab & Haryana High Court has set aside the order of punishment of forfeiture of three increments with permanent effect passed against a Haryana Police Officer for allegedly taking bribe to settle a drugs case.It was alleged that the Head constable demanded a sum of ₹20 Lakhs to settle the matter wherein 10 Kg ganja was recovered from a house. According to the complaint the matter...

Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HC

The Jammu and Kashmir High Court held that if there is an omission on the part of the trial court to frame an issue on the maintainability of the suit under law, that does not limit the powers of the appellate court to decide the issue of maintainability.The court added that the only requirement is that there should be no new facts that need to be pleaded and no new evidence to be led by...

Income Tax | Whether There Was Proper Notice Or Not Is Disputed Question Of Fact, Can't Be Challenged Under Article 226: Kerala High Court

The Kerala High Court stated that the issue as to whether there was a proper notice or not is a disputed question of fact and cannot be challenged under Article 226 of the Constitution of India. “…….As rightly observed by the learned Single Judge, the question as to whether there was a proper notice or not is certainly a disputed question of fact, which cannot be gone into in...

'Make Your House In Order': Madhya Pradesh HC Deprecates BCI For Granting Retrospective Recognition To Certain Colleges After 20 Yrs

The Madhya Pradesh High Court has deprecated the practice of Bar Council of India in granting recognition to certain colleges even after 20 years, with retrospective effect.In doing so the court directed Bar Council of India to "make its house in order" so that the Institutions do not play with the careers of students. The court was hearing a plea concerning State Bar Council's refusal to...

Threshold To Prove Fraud & Corruption In Arbitral Award Is Much Higher Than Merely Criticising Findings Of Arbitrator: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has observed that in order to prove that the making of the award was vitiated by fraud, the petitioner would have to demonstrate that the unethical behaviour of the arbitrator surpassed all moral standards. The Court reiterated that an honest mistake or incorrect appreciation of the terms of the contract cannot be either fraud...

'Covid-19 Has Subsided And Vaccines Have Become Unnecessary Today': Karnataka High Court Disposes Man's Plea For Second Dose

The Karnataka High Court on Monday (March 10) disposed of a 2022 petition filed by one Vinod Kumar M N seeking a direction to the authorities to give him a second dose of Covid vaccine.A single judge, Justice M Nagaprasanna said “The petitioner is before this court seeking a direction for a second dose of covid vaccine, the covid-19 has subsided and vaccines have become unnecessary...