PC Act - Can Public Servant Be Convicted Without Direct Evidence Of Bribe Demand? Supreme Court Defers Appeal To Await Decision On Reference

The Supreme Court recently adjourned the hearing in an appeal in a case under the Prevention of Corruption Act 1988 to await the decision of the pending reference on the issue as to whether a public servant can be convicted under Section 7 and Section 13(1)(d) read with 13(2) in the absence of direct evidence of demand for illegal gratification.A bench comprising Justices MR Shah and...

"Mother Can't Be Asked To Choose Between Child & Career": Bombay High Court Permits Woman To Go Abroad With Daughter

Observing that a woman cannot be asked to choose between her career and child, the Bombay High Court has directed her estranged husband to give his no objection for her to travel along with her daughter to Poland. Justice Bharati Dangre observed that the woman had the right to development, and set aside the Pune Family Court's order refusing permission to the wife to relocate along...

Supreme Court To Hear UP Govt Challenge Against Allahabad HC Order To Enhance Salaries Of Court Staff

The Supreme Court, on Tuesday, agreed to decide the plea of the Uttar Pradesh Government challenging the order of the Division Bench of the Allahabad High Court, which had, in essence, affirmed the Single Judge's direction to the the Government to take necessary steps to approve the Allahabad High Court Officers and Staff (Conditions of Service and Conduct) (Amendment) Rules, 2005 framed...

Assassination Or Bodily Injury Not Necessary For Offence Under Sec 121A IPC : Supreme Court Upholds Life Sentence In IISc Terror Attack Case

The Supreme Court on Monday upheld the conviction and life sentence of four persons for causing the terror attack at the Indian Institute of Science in Bengaluru in December, 2005. While doing so, a three judge bench of Justices UU Lalit, Hemant Gupta and S Ravindra Bhat observed that under section 121 A of the Indian Penal Code [Conspiracy to commit offences punishable...

S.91/92 Evidence Act Exclude Oral Evidence, Forbid Proving Contents Of Writing Otherwise Than By Writing Itself: Gujarat High Court

The Gujarat High Court has recently explained the relationship between Section 91 and 92 of the Indian Evidence Act, while holding that the provisions in effect supplement each other.Section 91 (Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents) relates to lead evidence of terms of contract, grants and other disposition of...

S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC

The Delhi High Court has held that the words "circumstances arising out of marital relationship" used in reference to filing of suit for injunction under Clause (d) of the explanation to Section 7 (1) of the Family Courts Act, 1984 would include not only the husband and wife but may also include the parents-in-law. A single bench of Justice C. Hari Shankar made it clear that what is to...

Cash Deposits Related To 'Shroff Business' Is Not An Undisclosed Income: ITAT

The Rajkot Income Tax Appellate Tribunal (ITAT), consisting of TR Senthil Kumar (Judicial Member) and Annapurna Gupta (Accountant Member), has ruled that the cash deposits related to the Shroff business are not an undisclosed income. The assessee/respondent is in a Shroff business and derives income from commission. The AO had information that there was a cash deposit...

CESTAT Allows Credit Of CVD And SAD Paid For Imports Made Prior To The GST Regime

The Chennai Bench of CESTAT has allowed credit of CVD and SAD paid after 30.06.2017 for the imports made prior to 30.06.2017, i.e., prior to the GST regime, under the advance authorisation scheme. The Single Bench of Judicial Member Ms. Sulekha Beevi held that credit of CVD and SAD paid by the importer could not be denied on the ground that the duties were paid by the appellant only...

Special NDPS Court Directs Release Of Aryan Khan's Passport

The Special NCB Court has directed the return of Shah Rukh Khan's son Aryan Khan's passport seized after his arrested in the Cruise Ship Drug Case, last year.Special NDPS judge VV Patil has also cancelled his bail bond and discharged surety."Admittedly, no complaint was filed against six persons including present applicant as no evidence surfaced during investigation. In view of the no...

"Give Names" : Supreme Court Asks Alleged Conman Sukesh Chandrashekhar To Reveal Details Of Payments Made To Prison Officials

The Supreme Court on Wednesday asked alleged conman Sukesh Chandrashekhar to divulge the details of the payments made by him to the officials of Tihar Jail, specifying the names of the persons who made by the payments on his behalf and to whom such payments were made.A bench of Justices Uday Umesh Lalit, S Ravindra Bhat and Sudhanshu Dhulia posed these questions after Senior Advocate R...

Wife Suspecting Husband's Character, Levelling Allegations Of Extra Marital Affair Before His Colleagues Amounts To Cruelty: Madras High Court

While granting the relief of divorce to a husband on the ground of cruelty by his wife, the Madras High Court recently observed that the act of wife suspecting the character of the husband and making allegations of extra marital affair in the presence of his colleagues would all amount to mental cruelty. The bench of Justice V.M Velumani and Justice S Sounthar observed as...

Mandatory Pre-Deposit U/S 129E of the Customs Act Is Constitutional: Bombay High Court

The Bombay High Court has ruled that by virtue of section 129E of the Customs Act, the right to appeal is a conditional right. The legislature, in its wisdom, has imposed a condition of deposit of a percentage of duty demanded or penalty levied or both. The three-judge bench of Justice R.D. Dhanuka, Justice Nitin W. Sambre, and Justice Abhay Ahuja has observed that the...