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Ordinarily Bail Shouldn't Be Granted To Accused If Court Is Of Prima Facie View That He Acted With Cruelty: Punjab & Haryana High Court
Stressing that cruelty is one of the factors in deciding on bails, the Punjab and Haryana High Court recently observed that ordinarily, once the courts form a prima facie opinion that the accused acted with cruelty, then such an accused should not be granted bail.Underscoring that a cruel person is more likely to create a lot of insecurity in any society, the Bench of Justice Anoop...
Delhi High Court Directs All Jail Superintendents To Ensure Forwarding Legible Scanned Copies Of Petitions/ Documents
The Delhi High Court has directed all the Jail Superintendents in the city to take proper care to ensure that legible scanned copies of the petitions or documents are forwarded to the Court.Noting that there is an issue of non-availability of good scanners, Justice Talwant Singh also asked the Director General of Tihar Prisons to take a call on the same."A copy of this order be sent to the...
"Justice Muralidhar Is Not Only A Dreamer; He Is An Achiever": Justice L. Nageswara Rao
Justice L. Nageswara Rao, Judge, Supreme Court of India participated in an event organised by the Orissa High Court on Saturday to inaugurate Vulnerable Witness Deposition Centres (VWDCs), virtual court-rooms and e-filing stations in District Court complexes of Odisha. A one-day training workshop was also inaugurated to train the stake-holders about the functioning of VWDCs. The...
Applicability Of GST On Royalty Paid For Mining Limestone: Meghalaya High Court Stays GST Recovery
The Meghalaya High Court bench headed by Chief Justice Sanjib Banerjee and Justice W. Diengdoh has stayed the recovery of GST on royalty paid for mining limestone. The issue raised was in respect of the applicability of goods and services tax on royalty paid for mining limestone in the State. The petitioner/assessee agreed that the larger issue as to whether tax had to be paid on...
Compensation Received For Cancellation Of Coal Blocks Under Supreme Court Order, Not Liable To Pay Service Tax: Kolkata CESTAT
The Kolkata Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that compensation received under a statute for cancellation of coal blocks/mines vide an order of the Supreme Court, cannot be considered as a taxable service of tolerating a situation and is thus not exigible to Service Tax. The Bench, consisting of members P.K. Choudhary (Judicial Member)...
SCN Issued By DRI Was Without Authority of Law: Chhattisgarh HC Stays Proceedings
The Chhattisgarh High Court bench of Justice Parth Prateem Sahu has quashed the show cause notice which was issued by the DRI and stayed the proceedings.The petitioner/assessee submitted that pursuant to the arrest made by DRI of two persons at Railway Station-Raipur. The DRI searched the house of the petitioner on the same date and seized gold bars, silver ingots, fine silver,...
Order X CPC | Oral Examination Of Any Party To Suit Regarding Controversy Involved Therein Is A Matter Of Discretion: Delhi High Court
The Delhi High Court has observed that under Order X of the Code of Civil Procedure, the question of whether any of the parties to the suit is required to be orally examined on any aspect relevant to the controversy is a matter of discretion.Order X of the Code provides for the examination of parties by the Court. Justice C Hari Shankar observed thus:"A bare reading of Order X of the CPC makes...
Persons Not Responsible To Company For Conduct Of Its Business Can't Be Prosecuted For Violation Of Contract Labour Abolition Act: Jharkhand HC
The Jharkhand High Court recently noted that a perusal of Section 25 of the Contract Labour (Regulation & Abolition) Act, 1970 indicates that every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence (of engaging contract labour) shall be deemed to be guilty of the offence. However, in the absence of a...
Initiation Of Proclamation/ Attachment Process Against Accused Not Bar To Consider His Anticipatory Bail Plea: Delhi High Court
The Delhi High Court has observed that merely because the Central Bureau of Investigation (CBI) has initiated the process of proclamation or attachment proceedings under sec. 82 or 83 of Cr.PC despite the pendency of the anticipatory bail application before High Court, the same does not bar the consideration of such an application.Section 82 contemplates procedure for issuing proclamation...
BREAKING| Supreme Court To Hear Masjid Committee's Plea Against Gyanvapi Mosque Survey Tomorrow
The Supreme Court will hear tomorrow the petition challenging the survey ordered by a Varanasi Court in Gyanvapi mosque.A bench comprising Justices DY Chandrachud and PS Narasimha will hear the petition filed by Committee of Management Ajnuman Intezamia Masjid Varanasi challenging the orders passed by a civil court in Varanasi for survey of the mosque on a suit filed by few Hindu...
Kissing & Fondling Not Unnatural Offence U/S 377 IPC: Bombay High Court Grants Bail To POCSO Accused
Observing that kissing and touching private parts are prima facie not unnatural offences under Section 377 of the Indian Penal Code, the Bombay High Court granted bail to a man accused of a minor boy's sexual assault. The man had sought bail under section 439 of the CrPC. According to the FIR, the accused had touched the private parts of the victim and had kissed his lips. He was...