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Former Kerala Finance Minister Thomas Issac Moves High Court Challenging ED Summons In Connection With KIIFB Transactions
Dr.Thomas Issac, former Finance Minister of Kerala and a member of the Communist Party of India (Marxist), has approached the Kerala High Court challenging the summons issued by the Enforcement Directorate seeking his appearance in connection with the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB).In the writ petition, Issac stated that the ED,...
Freebies Issue : Election Commission Declines To Be Part Of Expert Panel Proposed By Supreme Court
The Election Commission of India has declined to be the part of the expert body proposed to be constituted by the Supreme Court to examine the issues relating to the promise of "freebies" by political parties during elections.Saying that it is a Constitutional Body, the ECI has expressed unwillingness to be part of the expert panel."The Answering Respondent respectfully submits that it may...
Assessee Has Statutory Right To File An Appeal Even After Voluntary Payment Of GST/Penalty: Kerala High Court
The Kerala High Court has held that assessees have a statutory right to file an appeal even after the voluntary payment of GST or penalty.The single bench of Justice Gopinath has observed that the culmination of proceedings in respect of a person who seeks to make payment of tax and penalty under Section 129(1)(a) does not result in the generation of a summary of an order under Form...
"Poor Illiterate Lady", "Senior Citizen","Rural Background" : Supreme Court Reduces Sentence Awarded To An NDPS Convict
The Supreme Court reduced sentence awarded to an aged and illiterate lady who was found guilty of possession of the commercial quantity of illegal 'Ganja'(Cannabis).Budhiyarin Bai along with her two children were charged under Section 20(b)(ii)(C) of the NDPS Act for having joint possession of the commercial quantity of illegal 'Ganja'(Cannabis) of 05 quintal and 21.5 kilogram. Two others...
Supreme Court Adjourns Jamiat Pleas Challenging "Bulldozer" Actions For September 7
The Supreme Court on Wednesday adjourned the PILs filed by the Jamiat Ulema-i-Hind alleging that authorities in states like UP and MP are resorting to "bulldozer" action to demolish the houses of persons accused in cases like riots for September 7, 2022. The adjournment was sought by Senior Advocate Sanjay Hedge before the bench of Justices BR Gavai and PS Narasimha due to Senior Advocate...
Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in all cases...
Rule Of Evidence To Prove Charges In A Criminal Trial Cannot Be Used While Deciding Motor Accident Compensation Claims: Supreme Court
The Supreme Court observed that the rule of evidence to prove charges in a criminal trial cannot be used while deciding an application seeking motor accident compensation. Such an application has to be decided on the basis of evidence led before it and not on the basis of evidence which should have been or could have been led in a criminal trial, the bench comprising Justices Hemant Gupta...
"When Will Trial Start?", "How Will Letters Be Proved?", Supreme Court Asks NIA In Bhima Koregaon Case
While hearing Varavara Rao's bail application, the Supreme Court on Wednesday posed a host of queries to the National Investigation Agency on the Bhima Koregaon case, in which the agency has kept in custody several persons from academic-activist backgrounds on UAPA charges over alleged links with banned Maoist organization.A bench comprising Justices UU Lalit, Aniruddha Bose and Sudhanhsu...
Collection Of Relevant Or Tangible Material Required For Opening Section 148A Proceedings: Rajasthan High Court
The Rajasthan High Court has held that the authority is required to reach satisfaction that income chargeable to tax has escaped assessment but in cases where three years have elapsed from the end of the relevant assessment year, the order under Section 148A for issuance of notice could be passed if there were no statutory impediment as contained in Section 149(1)(b) of the Income...
Statement U/S 164 CrPC Is A Public Document, But Third Party Has To Establish Direct Interest To Get A Copy: Kerala High Court In Saritha's Plea
In a significant decision, the Kerala High Court on Thursday held that a statement recorded under Section 164 of the Code of Criminal Procedure is a public document falling under Section 74(1)(iii) of the Indian Evidence Act since it is the record of an act of a public officer done in the discharge of his duty.However, Justice Kauser Edappagath also clarified that no person is entitled to a...
Climate Change | Sincere Efforts Made By Centre For Providing Better Environment: Delhi High Court
This Delhi High Court has appreciated the efforts made by the Ministry of Environment, Forest, and Climate Change as well as other Ministries for ensuring implementation of the steps in respect of climate change and for "providing a better environment for the generations to come."The development comes in a PIL filed by one Rohit Madan, seeking constitution of an Expert Committee to...