Gauhati High Court Directs CIT (TDS) To Refund Income Tax Deducted From Salary Of Scheduled Tribe Officer Expeditiously

The Gauhati High Court has directed the Commissioner of Income Tax (TDS) to expeditiously process the request for a refund of income tax deducted from the salary of the DIG (Ops) of the Border Security Force, who is a member of the scheduled tribe.The single bench of Justice Soumitra Saikia has observed that the phrase "residing in any area specified" under Section 10 (26) cannot be...

Supreme Court Directs IRDAI To Consider If Personal Accident Cover Can Include Persons Other Than Owner

The Supreme Court has directed the Insurance Regulatory Development Authority of India to consider whether claims by family members, friends, or such persons other than the registered owner driving or riding borrowed vehicles, could be the beneficiaries of personal accident cover, where the accidents could not be attributed to other ‘offending’ vehicles or the drivers’ own...

Supreme Court: Justice Ajay Rastogi Shuts Virtual Hearing Link, Says Lawyers Misusing Facility

In an unusual development in the Supreme Court, a Bench of Justice Ajay Rastogi and Justice CT Ravikumar on Thursday closed the virtual hearing link to Courtroom 6 after observing that lawyers are misusing the facility. Few minutes after the court started hearing the matters as per the cause list, a lawyer appeared to seek a pass-over in a matter stating that his senior was occupied before...

Payroll Services By IBM Philippines Not FTS, TDS Not Liable To Be Deducted: Karnataka High Court

The Karnataka High Court, while dismissing the appeal of the department, held that payroll services by IBM Philippines are not fees for technical services (FTS), and the TDS is not liable to be deducted.The division bench of Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda has observed that the work has been outsourced to IBM Philippines. IBM Philippines was carrying out the...

Police Cannot Insist On 'Politically Neutral' Colour Decorations For Temple Festivals: Kerala High Court

"A worshipper or devotee also has no legal right to insist that saffron/orange coloured decorative materials alone are used for festivals in a temple under the management of the Travancore Devaswom Board".

Complete Supreme Court Yearly Digest Part-5

Constitution of Special CourtsConstitution of Special Courts - The State and Central Governments will have to comply with the directions issued by this Court from time to time with respect to constitution of special courts. The High Court in consultation with the State Governments will have to undertake an exercise on the need for the special courts. The vacancies in the position of...

Meghalaya High Court Asks State To Devise Schemes, Provide Alternate Livelihoods To Wean Out People Indulging In Rat-Hole Mining

As a mechanism to wean out people indulging in rat hole mining in the hilly state, the Meghalaya High Court on Tuesday suggested the State Government to devise schemes to provide alternative livelihood to the people who have taken to dangerous mining methods for want of opportunities.A division bench comprising Chief Justice Sanjib Banerjee, Justice H. S. Thangkhiew Hon’ble and Mr. Justice...

Rule Empowering Registrar To Refuse Registration Of Property Under Mortgage, Attachment Beyond Scope Of Parent Act: Madras High Court

The Madras High Court has held that the proviso to Rule 55A of the Tamil Nadu Registration Rules is invalid and unconstitutional as it goes against the scope of its parent act – the Registration Act and the Transfer of Property Act. Rule 55A which was notified on 9th September 2022 by the Inspector General of Registration by exercising power under the Registration Act lists...

Delhi High Court Rejects Sci-Hub Founder's Application Seeking Rejection Of Publishers' Copyright Infringement Suit

The Delhi High Court has dismissed the application of Alexandra Elbakyan, founder of shadow library website Sci Hub, seeking rejection of plaint filed by publishing houses Elsevier, Wiley and American Chemical Society in a copyright infringement suit against her.The suit has been filed by major publishing houses Elsevier, Wiley India, Wiley Periodicals and American Chemical Society against...

Bombay High Court Directs Police To Not Disclose Identity Of Rape Victims In Chargesheets, Says Photos Be Filed Only In Sealed Cover

The Aurangabad bench of Bombay High Court has directed the investigation agencies and trial courts to ensure that the identity of a rape victim is not disclosed even in the charge sheet.A division bench of Justice Vibha Kankanwadi and Justice Abhay S. Waghwase noted that the principal seat at Bombay has directed that photos showing the victim should be filed by the accused under sealed...

Governor Should Not Enter Political Arena, Supreme Court Says While Hearing Shiv Sena Rift Case

The Supreme Court of India on Wednesday (15th February 2023) continued hearing the pleas concerning the constitutional issues arising out of the rift within Shiv Sena party between Eknath Shinde and Uddhav Thackeray groups. The issue under consideration before the bench was whether the judgement in Nabam Rebia v. Deputy Speaker (2016) should be referred to a seven-judge bench of the...

Mehbooba Mufti's Daughter Iltija Approaches JKL High Court Over Delay In Issuance Of Passport

A month after the Jammu and Kashmir and Ladakh High Court directed the Passport Authority in Srinagar to consider former J&K Chief Minister Mehbooba Mufti's mother's application for re-issuance of passport afresh, whereafter she was issued a fresh passport, her Daughter, Iltija Mufti has now approached the court seeking a similar relief.In her plea filed through M/s Jahangir Ganai...