"A District Magistrate, After Passing An Order Under Sec.14 Of The SARFAESI Act Does Not Have Any Jurisdiction To Review, Recall Or Modify It": Punjab and Haryana HC

Punjab and Haryana High Court on March 14, 2022, answered various significant questions regarding Section 14 of the SARFAESI Act. The court had an occasion to discuss the scope of jurisdiction of the district magistrate to review, recall or modify an order passed under Sec.14 of the SARFAESI Act, 2002. Along with that, the court also delved into the issue of non-enforcement of the...

Reconsider Ban On Fee Hike In Private Schools: Allahabad High Court Asks Uttar Pradesh Govt

The Allahabad High Court has asked the Uttar Pradesh Government to reconsider the ban imposed by it on fee hike in private schools. The Bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari ordered thus on a plea moved by Association Of Private Schools Of UP.Essentially, the ban was imposed by the State Govt on Jan 7, 2022 in view of the COVID sitatution taking note of the...

"Intention To Evade Tax" Must Be Directly Connected to Activity Of Trader: Punjab and Haryana High Court

The Punjab and Haryana High Court bench of Justice Ajay Tewari and Justice Pankaj Jain has held that the intention to evade tax must be directly connected to the activity of the trader. The petitioner/assessee is in the business of selling copper wires and copper scraps, which are purchased from the dealers located throughout the country. The petitioner claimed that in the...

Twenty20 Worker's Murder: Kerala High Court Allows Father's Plea To Transfer Case From Ernakulam Sessions Court

The accused in the case had preferred bail applications before the Ernakulam Sessions Court.

"Investigation Was Anything But Scientific": Allahabad High Court Acquits Rape-Murder Accused, Sets Aside Death Penalty

The Allahabad High Court today rejected the reference made to it to confirm the death penalty awarded to a man accused of Raping and murdering a 75-year-old woman. The Court observed that the investigation in the case had not been up to the mark.Acquitting the accused, the Bench of Justice Manoj Misra and Justice Sameer Jain noted that in the instant case, blood and other biological material...

'Visible Collusion With Investigating Officer': Madras High Court Quashes Appointment Of Government Pleader Accused Of Giving Death Threats

The court noted that the Investigating Officer deleted the name of the accused government pleader from the charge sheet without recording sufficient reasons.

Competency Certificate Of Child Witness Not Mandatory If It Understands Court's Questions & Answers Rationally: Allahabad HC In POCSO Case

The Allahabad High Court has held that the Competency Certificate of a child witness is not mandatory if the child gives rational answers to the court's questions and his testimony is unshaken, inspires confidence of the Court."Nowhere it is provided that certificate regarding the competency of the child witness is mandatory. If it is recorded, it is so far so good. But, if the court has...

Motor Accident Claim: Allahabad High Court Imposes ₹5 Lakhs Cost On Insurance Co. For 'Keeping Litigation Alive' For 20 Yrs

The Allahabad High Court recently imposed Rupees Five Lakhs on an insurance company while noting that it kept the litigation alive for almost 20 years in connection with a Motor Accident Claims case.The Bench of Justice Dinesh Kumar Singh imposed the exemplary cost on the Insurance Company as they made the complainant (whose husband died in a motor accident in the year 1999) and her five...

Actor Assault Case : Survivor Moves Kerala Bar Council Alleging Dileep's Lawyers Of Misconduct

The Bar Council has issued a reply asking the actress to rectify the defects in the complaint.

Allahabad HC Directs UP Govt To Take Decision On Representations To Include Rajbhar Community In ST List In 2 Months

The Allahabad High Court recently directed the Uttar Pradesh Government to take a decision over the representations forward to it by the Centre seeking inclusion of the State's Rajbhar community in the list of Scheduled Tribes. The Bench of Justice Siddhartha Varma and Justice Dinesh Pathak issued this direction on a plea moved by C/M Jago Rajbhar Jago Samiti moved through...

VAT ITC Can Be Availed On Evaporation Loss Of Petrol, HSD: Punjab and Haryana High Court

The Punjab and Haryana High Court bench consisting of Justice Ajay Tewari, Justice Avnish Jhingan and Justice Pankaj Jain has ruled that the Input Tax Credit (ITC) under the Value Added Tax can be availed on the evaporation loss of petrol and High Speed Diesel (HSD).The respondent/assessee is in the business of running a petrol pump and is engaged in the purchase and sale of...

Delhi Riots Larger Conspiracy Case: Court Denies Bail To Gulfisha Fatima & Tasleem Ahmed Charged Under UAPA

A Delhi Court on Wednesday rejected the bail pleas of Gulfisha Fatima and Tasleem Ahmed in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA.Additional Sessions Judge Amitabh Rawat pronounced the order after hearing Advocate Mehmood Pracha appearing for both the applicants and Special Public Prosecutor Amit...