Orissa High Court Monthly Digest: May 2022 [Citations 56-93]

Nominal Index: 1. Uma Charan Mishra v. Union of India, 2022 LiveLaw (Ori) 56 2. Zobeda Khatun v. Md. Habibullah Khan & Ors., 2022 LiveLaw (Ori) 57 3. Anjari Rout v. State of Odisha, 2022 LiveLaw (Ori) 58 4. M/s. Central Mine Planning & Design Institute Ltd. v. The Presiding Officer, Central Government Industrial Tribunal, Bhubaneswar &...

Orissa High Court Upholds Denial Of Default Bail To Man Accused Of Uploading 'Obscene Photos' Of Women On Facebook Accounts

A Single Judge Bench of the Orissa High Court, comprising of Justice Sanjeeb Kumar Panigrahi, has recently upheld the order of a Special Court denying default bail under Section 167(2), Cr.P.C. to a person who was accused of uploading 'obscene photographs' of women by creating fake Facebook accounts in their names. It also denied regular bail to the accused by observing, "So far as...

[Roorkee ISIS Module Case] 'Not Fit Case For Maximum Punishment': Delhi's Special NIA Court Sentences Five Convicts To 7 Yrs Imprisonment Under UAPA

A Special NIA Court in Delhi has sentenced five accused persons in connection with the Roorkee ISIS module case relating to the conspiracy to establish an ISIS base in India and to carry out terror activities in Delhi NCR and Haridwar region during the Kumbh festival.Special NIA Judge Parveen Singh sentenced Akhlakur Rehman, Md. Azeemushan, Md. Meraj, Md. Osama and Mohsin Ibrahim Sayyed...

Taking Cognizance Is A Judicial Function, Orders Cannot Be Passed In A Mechanical Or Cryptic Manner: Delhi High Court

The Delhi High Court has observed that taking of cognizance is a judicial function and that the judicial orders cannot be passed in a mechanical or cryptic manner. Justice Sudhir Kumar Jain has added that at time of taking cognizance, a Magistrate is not required to consider the defence of the proposed accused or to evaluate the merits of the material collected during investigatio or to pass...

Assessee Discharges Primary Onus Submitting Documentary Evidence: ITAT Deletes Addition of Unexplained Cash Credits

The Raipur Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Ravish Sood (Judicial Member) and Jamlappa D Battu​​ll (Accountant Member), has deleted the addition made on account of unexplained cash credits. The respondent/assessee is in the business of manufacturing M.S. ingots. The assessee had filed its return of income for the assessment year 2012-13 on September...

Once The Ledger Duly Reflects The Amount As Outstanding And Payable, The Period Of Limitation Would Run From The Said Date: Delhi High Court

The High Court of Delhi has held that acknowledgment of an amount as due and payable under the ledger/statement of accounts, constitutes a fresh cause of action and extends the period of limitation. The Division Bench of Justice Rajiv Shakdher and Justice Jasmeet Singh held that the period of limitation for an amount that is shown as outstanding in the book of accounts would get...

Haryana Govt. Issues Instructions To Weed Out Bogus Firms For Passing Fake ITC

The Haryana Government has issued instructions for the processing of registration applications in FORM GST REG 01 in order to weed out bogus firms that pass fake ITC. "It has come to the notice of the Head Office that few proper officers in the State are insisting on personal appearances or seeking extraneous information from the applicants seeking fresh registration under GST. The...

"Agencies Callously Disregarding Care": Delhi High Court Expresses Concern Over Damage To Trees During Thunderstorm

The Delhi High Court on Thursday expressed concern over damage to the trees in the national capital during a recent thunderstorm observing that the agencies had permitted concretisation around them and callously disregarded care of the trees.Justice Najmi Waziri, who was dealing with contempt pleas raising the issue of felling of trees, observed thus:"The city has witnessed extensive...

KSRTC Employees Allegedly Not Paid Salary: Kerala HC Calls It A 'Serious Predicament', Seeks Corporation's Response

The Kerala High Court on Thursday sought the response of the Kerala State Road Transport Corporation (KSRTC) and the State on a plea moved by the KSRTC employees alleging that they are not being paid salary promptly. Justice Devan Ramachandran took exception to this situation while finding it to be a 'serious predicament' if found to be true and asked KSRTC to explain how it plans to...

Calcutta High Court Permits TMC MP Abhishek Banerjee, Wife To Travel Abroad For Medical Treatment Amid Coal Scam Probe

Right to life includes right to get proper medical treatment, said Court.

[Jahangirpuri Riots] 'Appears To Be Of A Phishing Kind': High Court Dismisses Plea By Accused Alleging Harassment By Delhi Police

The Delhi High Court has dismissed a plea filed by an accused in connection with the Jahangirpuri riots seeking directions on the city police not to harass him and his family members in the name of interrogation. The plea was filed by one Sheikh Ishrafil, who is alleged by the prosecution to be one of the main conspirators and perpetrators of the entire incident, thereby adding that he...

Doctrine Of Proportionality | Constitutional Courts Cannot Be Disproportionately Harsh To Arguable Guilts Of Litigants: Karnataka High Court

The Karnataka High Court has observed that Constitutional Courts cannot be disproportionately harsh to the arguable guilt of the litigants. A division bench of Justice Krishna S.Dixit and Justice P.Krishna Bhat, sitting at Dhawad allowed the appeal filed by Dr. Yasin Khan and others challenging an order of the single judge bench which had by its order dated October 25, 2021,...