All High Courts
Can't Allow Conversion Of Appeal Into Election Petition Through Amendment If Compliance With Panchayat Rules Not Established: MP High Court
The Madhya Pradesh High Court in a recent ruling held that an appeal cannot be converted into an election petition by way of an application for amendment, if compliance with provisions under M.P. Panchayat (Election Petitions Corrupt Practices & Disqualification For Membership) Rules, 1995 is not established.In doing so, the court said that an election can only be challenged in an...
Unjustified For Bank To Proceed Against Property Based On Prior Settled Mortgage, When No New Mortgage Was Created: Kerala High Court
The Kerala High Court has observed that it was not appropriate to proceed against the property of a guarantor who has not created mortgage over the property as collateral, merely because the guarantor had previously acted as a surety in another mortgage that has already been settled.In the case before the high court, the petitioner company mortgaged its property to avail itself of a...
Strangulating Pregnant Wife To Death Not Exceptionally Violent Or Brutal: Bombay High Court Declares Husband Eligible For Remission
Strangulating a pregnant wife to death over unfulfilled dowry demands, is not exceptionally violent or brutal, held the Bombay High Court at Nagpur, while granting remission to a police personnel, convicted for killing his pregnant wife.A division bench of Justices Nitin Sambre and Vrushali Joshi held that the petitioner - Pradipsingh Thakur was eligible for remission under the...
Bombay High Court Stays Trial Court Order Permitting Pune-Based Food Joint To Use 'Burger King' Trademark
The Bombay High Court on Monday stayed an order of a local Court and restrained a Pune-based food joint from using the trademark 'Burger King', granting relief to the United States food giant 'Burger King.'A division bench of Justices Atul Chandurkar and Rajesh Patil stayed the order while admitting the appeal filed by Burger King against the Pune Court's verdict. While granting relief to the...
Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court
The Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building (Lease, Rent, and Eviction Control) Act, 2011. The court thus set aside orders by the trial and appellate courts that had rejected the substitution application of a nephew of the deceased...
Bathing Of Pilgrims In Pamba River, Erumeli Stream In Sabarimala Is Prohibited: State Tells Kerala High Court
The Kerala High Court has directed the District Collectors of Pathanamthitta, Idukki and Kottayam to ensure that necessary steps are taken to ensure a safe and secure pilgrimage to Sabarimala pilgrims ahead of the Mandala-Makaravilakku festival season of 2024-25.The government informed the Court that bathing of pilgrims in Pamba and in the Erumeli stream has been prohibited. It was...
Calcutta High Court Grants Bail To Former TMC Aide Ayan Sil In Recruitment Scam Case
The Calcutta High Court has granted bail to former TMC leader Santanu Banerjee's aide Ayan Sil in connection with the infamous cash-for-jobs recruitment scam, in which high ranking Trinamool Congress leaders were being probed by the ED and CBI.Justice Suvra Ghosh while allowing Sil's bail plea noted that many similarly placed accused, including Banerjee himself had also been granted bail by...
Beldanga Communal Violence | Allegations Of Damage To Religious Idols Not Proven, Situation Under Control: Calcutta HC Records BSF, DM's Report
On the issue of instances of communal violence in Beldanga, Murshidabad, the Calcutta High Court had called for a joint report of the BSF and DIG on the ground situation in the area, after a plea had flagged ongoing communal tensions and violence.A division bench of Justices Harish Tandon and Hiranmay Bhattacharya upon perusing the report noted that the allegations of communal violence...
AO Cannot Assess 'Other Incomes' If No Addition Is Made On Account Of 'Reasons' For Which Reassessment U/S 147 Of IT Act Was Initiated: Delhi HC
The Delhi High Court has made it clear that an Assessing Officer (AO) cannot assess other incomes of an Assessee in a case where no addition is made on account of the “reasons” for which reassessment under Section 147 of the Income Tax Act, 1961 was initiated. Section 147 empowers the AO to assess or reassess income and also any other income, if he has “reason to believe” that...
Finance Act, 2013 | Audit Report Determining Tax Liability Doesn't Bar Eligibility Under Voluntary Compliance Encouragement Scheme: Delhi HC
The Delhi High Court has held that an audit report determining liability towards tax dues is not a notice or an order of determination as contemplated under Section 106(1) of the Finance Act, 2013. Section 106 talks about Person who may make declaration of tax dues. Sub-section (1) states that any person may declare his tax dues in respect of which no notice or an order of...
Percentage Of Disability Less Than The Benchmark Level Would Not Render Meritorious Disabled Candidate Unfit For Job: Rajasthan High Court
The Jodhpur bench of the Rajasthan High Court imposed cost of Rs. 50,000 on Oil and Natural Gas Corporation Limited (ONGC) for rejecting the candidature of a person with disability, who was otherwise declared meritorious in the selection process, certifying him as medically unfit for suffering 30% visual impairment.In doing so the court observed that candidate's rejection merely because...
Jharkhand High Court Asks State Govt By When Rs 9 Crore Grant Will Be Released For Insurance Benefits Of Lawyers
The Jharkhand High Court has recently directed the state government to file an affidavit indicating as to when the approved grant of Rs 9 crore would be released to the Jharkhand Advocate Welfare Fund Trustee Committee. The court passed the order while hearing a plea for providing protection to lawyers in the State, including health benefits such as a insurance, and other benefits which...