News Updates
COVID-19 Deaths | Orissa High Court Directs The State To Pay Compensation For Negligence By State-Run Medical Facility
In a significant decision, the Orissa High Court has held liable a State-run medical facility, i.e. Veer Surendra Sai Institute of Medical Sciences and Research (VIMSAR), for medical negligence which caused death of two COVID-19 patients. While issuing directions for payment of ex-gratia and compensation to the victims and their kins, a Division Bench of Chief Justice Dr....
"Prima Facie Offence Under Arms Act": Delhi High Court Refuses To Quash FIR Against Canadian Citizen With 50 Live Cartridges In Flight Baggage
The Delhi High Court has refused to quash an FIR registered against a Canadian citizen whose flight check-in baggage was found with 50 live cartridges. The Court observed that prima facie, there was commission of offence under the Arms Act, 1959. Justice Subramonium Prasad dismissed a petition filed seeking quashing of an FIR registered under sec. 25 of the Arms Act. The petitioner being...
Enforcement Directorate Exempted From RTI Act Except When Information Relates To Allegations Of Corruption Or Human Rights Violation: Delhi HC
The Delhi High Court has observed that the Enforcement Directorate being an intelligence and security organization as specified in Second Schedule of Right to Information Act is exempted from the purview of the Act except when the information pertains to allegation of corruption and human rights violation.Justice Manmohan and Justice Sudhir Kumar Jain was dealing with a plea concerning an...
Alienation Made In Excess Of Power To Transfer Would Be Invalid To That Extent: Chhattisgarh High Court
The Chhattisgarh High Court has recently held that the alienation made in excess of power to transfer would be, to the extent of the excess of power, invalid. The Court noted that a document that is voidable has to be actually set aside before taking its legal effect. A Division Bench of Justice Goutam Bhandari and Sanjay S. Agarwal remarked that distinction can be made between cases where...
Madras High Court Directs Magistrate To Issue Non-Bailable Warrants Against Absconding Police Officials U/S 73 CrPC
In an interesting development in the Thirumangalam Entrepreneur Extortion case, Madras High Court has directed the Magistrate to issue Non-Bailable Warrants against the absconding accused including police officials.The court noted that the accused are evading arrest and the only recourse for the investigation officer is to obtain a Non-Bailable Warrant from the Magistrate under Section 73 of...
Madras High Court Chief Justice Munishwar Nath Bhandari To Administer Oath Of Office To Two New Judges On Monday
The Madras High Court Chief Justice Munishwar Nath Bhandari shall administer the oath of office to two new judges, whose appointment was notified by the Centre yesterday. Nidumolu Mala and S. Sounthar will be sworn in as the Additional Judges of the Madras High Court on Monday (28.03.2022). The Chief Justice shall render the oath of office to the two newly appointed judges at a function...
Your Steps Not Yielding Results, How Can Same Problem Recur Year After Year? Delhi HC To Municipal Corporations Over Mosquito Infestation
The Delhi High Court on Friday reiterated its directions for incorporating a 'common protocol' to be followed by all the local authorities for dealing with the menace of mosquito infestation and spreading of vector borne diseases in the national capital.The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh expressed its dissatisfaction over the status report filed...
Letter Written To Husband's Superior In Good Faith Intimating Him About Criminal Complaint Lodged U/S 498A CrPC Does Not Constitute Criminal Defamation: Calcutta HC
The Calcutta High Court on Wednesday observed that writing a letter to the husband's superior at work in good faith intimating him about a criminal case lodged against the husband for inflicting torture would not amount to criminal defamation under Section 499 of the IPC. In the instant case, the wife (petitioner) had written a letter dated May 24, 1997 to the Manager, Indian Overseas...
Kerala High Court Issues Directions For Handling Applications Of Accident Victims Or Their Dependents Under Employees Compensation Act
The Kerala High Court on Friday issued guidelines to be followed by the concerned authorities while dealing with applications filed by accident victims or their dependents seeking compensation under the Employees Compensation Act, 1923.While disposing of a suo motu petition, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly accepted the report submitted by the...
Claim Of Refund And Interest Shall Be Dealt Under The Existing Law On Central Excise And Not As Per CGST Act. Punjab & Haryana High Court Rejects The Plea Of Revenue
The Punjab and Haryana High Court has held that the revenue department cannot take the plea of transfer of jurisdiction due to GST regime against assessee's claim for refund of central excise duty and interest. The Bench, consisting of Justices Ajay Tewari and Pankaj Jain, ruled that the Income Tax Act, 1961 and Central Excise Act, 1944 are pari materia and an assessee was entitled...
S. 194-I Income Tax Act | TDS Can't Be Deducted In Absence Of Payment Of Rent: Orissa High Court
The Orissa High Court has held that in absence of payment of rent, the obligation to deduct tax at source ('TDS') under Section 194-I of the Income Tax Act, 1961 ('the Act') does not arise at all. Notably, the said provision deals with 'TDS on rent'. While dismissing an Income Tax Appeal, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice R.K. Pattanaik...