Allahabad HC Grants Bail To Rape Accused As Victim Resiled From Her Statement, Orders Refund Of Compensation Paid To Her

The Allahabad High Court recently granted bail to a rape accused in view of the fact that the victim had not supported the prosecution's case during the trial and that she had been declared hostile.The Bench of Justice Sanjay Kumar Singh also issued direction to the trial court to take steps for a refund of the compensation paid to her and also, ensure compliance of Section 344 CrPC...

Conduct Of Judges Noted & Observed, Must Not Act In Any Manner Which Gives Rise To Slightest Of Doubt In Minds Of Lawyers & Litigants: Delhi HC

The Delhi High Court has said that judges must not act in any manner which gives rise to slightest of doubt in the minds of lawyers and litigants as their conduct is noted and observed by the litigants. Justice Dinesh Kumar Sharma made the said observation while expressing displeasure over the conduct of a Family judge who had shared his personal mobile number with both the parties and...

Domestic Violence Cases | Undertaking Mediation Is Not Protection Officers' Domain: J&K&L High Court Issues Guidelines

High Court of Jammu and Kashmir and Ladakh, last week, while framing guidelines pertaining to 'protection officer' in Domestic Violence cases said, "It shall neither be the duty of the Protection Officer nor his/her domain to undertake any mediation/conciliation once a Magistrate is seized of a domestic violence case."The Court said the protection officer is under statutory duty to assist...

Mere Small Distance No Reason To Transfer Matrimonial Suit, Wife Can Instruct Her Counsel Whenever Her Presence Is Not Essential: Punjab & Haryana HC

The Punjab and Haryana High Court while dealing with a transfer petition invoking Section 24 of CrPC filed by the wife seeking transfer of matrimonial petition u/s 9 of the Hindu Marriage Act, held that the distance of sixty kilometers between Bathinda and Faridkot is small, hence it is not an overwhelming reason for this Court to order the transfer of the matter. The applicant wife...

Just Because The Ratio For Payment Of Service Tax Not Adhered To, Assessee Not Liable To Pay Double Tax As Penalty: Karnataka High Court

The Karnataka High Court has ruled that merely because the ratio in which service tax was required to be paid by the service recipient and the service provider was not strictly adhered to, the assessee cannot be made liable to pay double tax by denying him the CENVAT Credit. The Bench, consisting of Justices S. Sujatha and Shivashankar Amarannavar, held that the reverse charge...

Centre Says K-Rail SilverLine Not Yet Sanctioned, State Informs Kerala High Court Project Has In-Principle Permission

The Railway Board on Thursday informed the Kerala High Court that sufficient details of the technical feasibility of the K-Rail Silverline were not available in the detailed project report (DPR) submitted by the State Railway Development Corporation Ltd.Justice Devan Ramachandran was also informed that the Railways had not concurred with the social impact assessment (SIA) study...

Violation of RBI Notification Prohibiting Deposit Of Demonetized Notes Does not attract Addition On Account of Unexplained Cash Credits: ITAT

The Bangalore bench of the Income Tax Appellate Tribunal (ITAT) consisting of B.R. Baskaran (Accountant Member) held that violation of the RBI notification prohibiting deposit of demonetized notes does not attract addition on account of unexplained cash credits. The appellant/assessee is a primary agricultural credit co-operative society providing credit facilities to its members. The...

Notice Imposing Penalty For Concealment Of Income Can't Be Issued Without Specifying The Limb: ITAT

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the notice imposing a penalty for concealment of income cannot be issued without specifying the relevant limb. The two-member bench of Suchitra Kamble (Judicial Member) and Waseem Ahmed (Accountant Member) has observed that the Assessing Officer and the CIT (A) have simply imposed a penalty on concealment...

National Sports Federations To Not Receive Monies From Centre Until Compliance With Sports Code & Judicial Orders: Delhi High Court

The Delhi High Court on Friday directed the Centre to ensure that monies, patronage and other facilities to National Sports Federations will be resumed only when they comply with National Sports Code, 2011 and judicial orders. A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan added that the entire exercise of ensuring compliance is expected to be completed by the...

Failure Of Assessee To Give Proper Reasons For Not Appearing Before The Tax Authorities: ITAT Imposes Cost

The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) consisting of B.R. Baskaran (Accountant Member) has imposed a cost of Rs.10,000 on the assessee for the failure to give proper reasons for not appearing before the tax authorities.The assessee/appellant is the director of the group company named M/s. Panama Nature Fresh Pvt. Ltd. It was the understanding of the assessee that...

Madhya Pradesh High Court Monthly Digest: May 2022 [Citations 132 - 153]

NOMINAL INDEX Dr. Prakash kumar dubey v. Rani durgawati university 2022 LiveLaw (MP) 132 Basant v. The state of madhya pradesh govt. 2022 LiveLaw (MP) 133 Vishal Pandey and anr. versus Food Corporation of India and Ors. 2022 LiveLaw (MP) 134 M/s Om Sai RK Constructions Pvt. Ltd. versus M/s Forsight Infractech Pvt. Ltd. 2022 LiveLaw (MP) 135 Premshankar Vijayvargiya and anr....

NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail

The Punjab and Haryana High Court recently granted bail to an accused, incarcerated since over two years in connection with alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985."Keeping in view the fact that the petitioner has been in custody for a period of 02 years, 09 months and 14 days and the trial is likely to take time, no useful purpose would be served...