"Heinous Crime Accused Can't Complain Of Violation Of Article 21 When He Isn't Cooperating In Trial": Allahabad HC Denies Bail

The Allahabad High Court recently observed that a heinous crime accused can not complain of the violation of Article 21 of the Constitution of India when he himself is not cooperating in the early conclusion of the trial.Denying bail to Suresh Yadav, the prime accused in the 2019 Raebareli-Aditya Murder Case, the bench of Justice Dinesh Kumar Singh further opined thus:"When the accused are...

Bombay High Court Weekly Round-Up: April 25 To May 1, 2022

Nominal IndexVikramjeetsingh Dhall Proprietor of Dhall Foods and Beverages vs The Collector of Mumbai (City) & Ors; 2022 LiveLaw (Bom) 158 Nitin Navindas Hundiwala vs Union of India, through the General Manager, Western Railway; 2022 LiveLaw (Bom) 160 Gautam Navlakha vs National Investigation Agency; 2022 LiveLaw (Bom) 161 Jasani Realty Pvt. Ltd. v. Vijay Corporation;...

Order Of Compulsory Retirement Not Punishment, Does Not Require Observation Of Principles Of Natural Justice: Rajasthan High Court

The Rajasthan High Court recently affirmed the order passed by the Central Administrative Tribunal that upheld compulsory retirement of an IPS officer and observed that compulsory retirement is not a punishment and does not require observation of principles of natural justice. A division bench of Justice Anoop Kumar Dhand and Justice Pankaj Bhandari observed: "The order of...

Assessee Deprived Of Refund Due To Wrongful Withholding Of Amount By Income Tax Dept.: Bombay High Court Imposes 6% Interest

The Bombay High Court bench of Justice S.G. Mehare and Justice R.D. Dhanuka has allowed 6% interest to the assessee on wrongful withholding of the amount by the income tax department.A search was conducted at the residence of the petitioner/assessee under Section 132 of the Income Tax Act, 1961 and an amount of Rs. 48,00,000 along with gold jewellery was seized by the department....

Juvenile Offenders Are Often "Victims" Of Society: Madras High Court Endorses Reformative Approach Under JJ Act, Quashes Detention Order

The Madras High Court on Friday set aside the detention order passed by the Juvenile Justice Board, Thiruvallur against a 15 years old child in conflict with law, observing that the order was passed in a hasty manner without going into the genuineness of the matter. Justice AD Jagadish Chandra also observed that a child offender should not be given punishment based on the kind of...

How Can A Self Proclaimed Priest Be Permitted To Sit At Temple? Delhi High Court Seeks Status Report In Woman's Plea Seeking CBI Investigation

The Delhi High Court has recently sought a status report in a plea filed by a woman seeking transfer of investigation to Central Bureau of Investigation (CBI) regarding an FIR registered against a self proclaimed godman for allegedly trapping and sexually abusing various woman. The Petitioner alleged that the police was trying to deliberately shield the accused by giving him...

Party Claiming Compensation For Illegal Acquisition Of Property Bound To Establish Its Title: Kerala High Court

The Kerala High Court has recently ruled that a party claiming compensation for illegal acquisition of some property allegedly possessed by him has to establish his title and possession over the same before the court.While allowing an appeal, Justice Mary Joseph observed that in the said case, the plaintiff who sought compensation had failed to produce the document to evidence his ownership...

Right To Divorce Inherent Under Contractual Marriage In Islam: Muslim Woman Opposes Plea In Delhi HC To Declare 'Talaq-Ul-Sunnat' As Unconstitutional

A Muslim woman has moved the Delhi High Court opposing a public interest litigation which seeks declaration of Talaq-ul-Sunnat, the unqualified right of Muslim men give divorce to their wife, as unconstitutional. The practice was challenged by a 28-years old Muslim woman stating that the impugned practice enables a Muslim husband to give divorce to his wife at any time without any...

Computer Software Supplied To Public Funded Research Institutions Attracts 5% GST: Karnataka AAR

The Karnataka Authority of Advance Ruling (AAR), consisting of members Dr. M.P.Ravi Prasad and T.Kiran Reddy, has ruled that 5% GST is payable on computer software supplied to public-funded research institutions. The Applicant, Keysight Technologies India Pvt. Ltd., is in the business of supplying scientific and technical equipment and time-based and perpetual software...

Calcutta HC Seeks State Gov's Response In PIL Seeking NIA Probe Into Crude Bomb Blasts In WB's Malda District Which Injured 5 School Children

The Calcutta High Court on Monday sought response from the State government in a Public Interest Litigation (PIL) petition seeking a probe by the National Investigation Agency (NIA) into the incident of crude bomb blast in West Bengal's Malda district last month. Five school children were reportedly injured after the crude bombs they were playing with, mistaking those for balls, exploded...

Pendency Of Co-Convicts' Appeals Irrelevant; Supreme Court Directs Centre To Decide Balwant Singh Rajoana's Mercy Petition Within 2 Months

The Supreme Court on Monday directed the Central Government to decide the mercy plea of death row convict Balwant Singh Rajoana within 2 months, without being influenced by the fact that the appeals filed by other convicts in the Chief Minister Beant Singh assassination case are pending.On March 24, the Court, taking a serious note of the delay in the processing of the mercy petition filed...

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued

The Delhi High Court today issued notice on a public interest litigation filed by a 28 years old Muslim woman, seeking a declaration that Muslim men cannot perform second marriage, without prior consent of their first wife. In essence, the plea seeks to restrict the practice of Polygamy in Muslim men, stating that the same is a regressive practice, derogatory to women;...