Informal Opinion Rendered By Expert Not Binding On Court: Madras High Court Grants Bail To Man Found In Possession Of Magic Mushrooms

The Madras High Court recently held that while considering bail applications, an informal opinion rendered by an expert was not binding on the court. It reiterated that while exercising bail jurisdiction, the court had to consider the language adopted in the enactment and only had to be prima facie satisfied whether there was a reasonable chance of conviction.Justice Anand Venkatesh made...

[Income Tax] No Substantial Question Of Law Arises If Perversity Cannot Be Shown In Order Passed By Tribunal: Allahabad High Court

The Allahabad High Court has held that no substantial question of law arises in a case where no perversity can be shown in the order passed by the Income Tax Tribunal in appeal under Section 260A of the Income Tax Act, 1961. Section 260A of the Income Tax Act, 1961 provides for an appeal to be filed before the High Court against the decision of an Appellate...

Allegation of Manufacturer 'Clandestinely' Clearing Goods To Escape Tax Must Be Based On 'Tangible Evidence': Delhi HC

The Delhi High Court has held that where a manufacturer is booked by the tax authorities for clandestinely clearing its goods to escape tax, the charge must be based on “tangible evidence”. A division bench of Justices Yashwant Varma and Ravinder Dudeja further observed, “In adjudication proceedings to establish the charge of clandestine removal and under valuation, Revenue is...

Pendency Of Dispute Regarding Excess Payment Does Not Bar Release Of Retiral Benefits In Timely Manner: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, Justice, while deciding a writ petition held that a retired government employee is entitled to receive retiral benefits (including pension) in a timely manner, even when there is a pending dispute regarding alleged excess salary drawn during the service period. Background Facts The...

Laying Down Optical Fibre Cables To Enhance Communication Network For Defence Forces Is Exempt From Service Tax: Delhi High Court

The Delhi High Court recently declared that Telecommunications Consultants India Limited, a central public sector undertaking which secured a Project floated by BSNL for laying down Optical Fibre Cable Network, is exempt from service tax since the service is in the nature of setting up a civil infrastructure so as to benefit the defence forces in having a better communication...

'Monster Like Conduct': Punjab & Haryana High Court Confirms Death Penalty Of Man Convicted For Rape And Murder Of Minor Girl

The Punjab & Haryana High Court on Thursday confirmed death sentence of a man convicted for the rape and murder of a 3-year-old girl in 2018, observing that the "gruesome murder" of a girl child after committing rape upon her is an example of "monster like conduct of the convict."A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma agreed with the reasoning given by...

Renewal Commission Of LIC Agent Is Hereditary: Jharkhand High Court Affirms Compensation Of ₹1.14 Crores To Widow

The Jharkhand High Court has recently ruled that the renewal commission earned by a deceased LIC agent is hereditary and payable to the widow irrespective of whether the death is natural, homicidal, or accidental.The court held that this commission cannot be deducted from the loss of dependency amount in compensation claims.Justice Subhash Chand, presiding over the case, observed, “The...

Court Not Having Jurisdiction To Entertain Application U/S 34 Cannot Go Into Merits Of Award: Himachal Pradesh High Court

The Himachal Pradesh High Court bench of Justice Jyotsna Rewal Dua has held that once the court comes to the conclusion that it didn't have jurisdiction to entertain the application under section 34 of the Arbitration Act, it cannot go into the merits of the case. This appeal under section 37 of the Arbitration Act arose out of an order passed by the District Judge by...

Delhi High Court Seeks Centre's Stand On Subramanian Swamy's Plea Over Rahul Gandhi's Citizenship

The Delhi High Court on Friday sought stand of the Union Government on a plea filed by Bhartiya Janata Party (BJP) leader Subramanian Swamy regarding the issue of citizenship of Congress leader Rahul Gandhi. Swamy has sought a direction on the Union Government to file a status report on his complaint against Rahul Gandhi.A division bench comprising of Acting Chief Justice Vibhu Bakhru and...

Kerala High Court Directs Devaswaom Board To Ensure Pilgrims' Darshan Is Not Obstructed Due To VIP Darshan At Sabarimala

The Kerala High Court has directed the Travancore Devaswom Board to ensure that incidents of VIP Darshan causing obstruction to pilgrims does not take place in Sabarimala during the Mandala-Makaravilakku festival season.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S. passed the above order based on the Special Commissioner's report that obstruction was caused...

False Promise To Marry: Karnataka High Court Quashes Rape Case By Married Woman Who Projected Herself To Be Divorced On Dating App

Observing that “there cannot be promise of marriage held on to a lady, who was already married,” the Karnataka High Court quashed a rape case registered against a man by a woman whom he met on 'bumble app' where the woman had in her profile projected herself to be a divorced lady.Justice M Nagaprasanna allowed the petition filed by Akhil Thomas and quashed the proceedings initiated...

Litigant's Conduct Trying To Protract Proceedings In Industrial Disputes Must Be Deprecated: Delhi High Court Imposes ₹20K Cost On Hospital

The Delhi High Court has recently deprecated the conduct of litigants trying to protract proceedings in industrial disputes which involve “extreme disparity of resources available to the rival litigants.”Justice Girish Kathpalia further imposed Rs. 20,000 costs on management of RB Seth Jessa Ram Hospital for prolonging hearing before an industrial tribunal in a dispute which was...