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...

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;...

"No Indian Lady Can Share Her Husband": Allahabad High Court Refuses To Discharge Man Accused Of Abetting Wife's Suicide

The Allahabad High Court recently upheld an order of the Trial Court dismissing a discharge application filed by a man who has been accused of abetting wife's suicide. The wife had died by suicide allegedly on account of the fact that without divorcing her, her husband was going to marry another lady.Stressing that an Indian lady can't share her husband at any cost, the Bench of Justice...

WB Election Commission Moves Supreme Court Against HC Order For Forensic Audit Of CCTV Cameras By CFSL For Contai Municipality Polls

The Calcutta High Court on Monday was informed by the State Election Commission that a Special Leave Petition (SLP) has been filed before the Supreme Court against the order of the Court directing the Central Forensic Science Laboratory (CFSL), New Delhi to conduct a forensic audit of the CCTV cameras that were used during the recently concluded Contai Municipality elections.The High Court...

Madras High Court Monthly Digest: April 2022 [Citation 135-191]

Citations: 2022 LiveLaw (Mad) 135 To 2022 LiveLaw (Mad) 191 NOMINAL INDEX M. Ramasamy v. State represented by its chief secretary and anr, 2022 LiveLaw (Mad) 135 G.Thirumurugan @ Theeran Thirumurugan v. Union of India and ors, 2022 LiveLaw (Mad) 136 V. Vasanthakumar v. The Union of India, 2022 LiveLaw (Mad) 137 Kamala v. Murugesan and Anr, 2022 LiveLaw...

Does Sending Reminders For Payment Of School Fees Amount To 'Cruelty To Children' U/S 75 Juvenile Justice Act? Gujarat High Court To Examine

The Gujarat High Court is set to examine whether the action of Schools sending reminders to parents for non-payment of fees amounts to an offence under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.The provision provides punishment for cruelty to child, which may lead to physical or "mental suffering".Justice Bhargav Karia has issued notice on a Special...