Right Of Accused To Recall Witness U/S 311 CrPC Can't Always Be Denied In Lieu Of Prosecutrix's Right U/S 33(5) POCSO Act: Orissa High Court

The Orissa High Court has ruled that the right of an accused to recall witnesses under Section 311 CrPC cannot be denied only because there exists a right of prosecutrix under Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act"). The said provision requires the Special Court to ensure that the child (prosecutrix) is not called repeatedly to testify in...

Courts Need Not Hold Up Arbitration At Pre-Appointment Stage Over Insufficiency Of Stamp Duty: Bombay High Court

Bombay High court on Monday, through single judge A. K. Menon, considered whether the arbitration should be held up at the pre-appointment stage and pre-reference stage or whether party should be left to follow the procedures post reference and be left to agitate their respective challenges. Applicant, Vivek Mehta & Anr., had filed an application under Section 11 of the...

Army Pension Regulations | Can't Deny Condonation Of Short-Fall In Pensionable Service Of A Voluntarily Discharged Serviceman U/R 125(a): Orissa HC

The Orissa High Court has held that Regulation 125(a) of the Pension Regulations for the Army, 1961 cannot be employed to deny condonation of short-fall up to six months in pensionable period of service of a serviceman who was discharged on a voluntary basis. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice R.K. Pattanaik held, "...Regulation 125(a) of the...

Advocates Association Accuses Acting President Of Maharashtra Consumer Commission Of 'Judicial Misconduct' For Adjudicating A Case Against Himself, Demands Action

The Consumer Courts' Advocates Association Maharashtra and Goa has accused the acting president of the State Consumer Disputes Redressal Commission (Maharashtra) – Dr Santosh Kakade - of "judicial misconduct" for dismissing a medical negligence case against himself. He restored the case last month. The association has written to the National Consumer Disputes Redressal Commission...

2019 Postal Ballot Fraud | Kerala High Court Asks Police Chief To Explain 2 Years' Delay In Concluding Investigation

The Kerala High Court on Wednesday came down heavily on the special police team constituted to investigate the alleged postal ballot fraud in 2019, for its inordinate delay in winding up the probe. Noting that the team had undertaken to conclude the inquiry within two months from September 2019, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly directed the State...

Underage Driving | 'Innocent Lives Are Lost, Can't Give Stamp Of Approval': Madras High Court Declines Motor Accident Claim Of Minor

Madras High Court has recently refused to entertain a motor accident claim in which the claimant, a minor, was found driving the motorcycle involved in the accident.In a strongly worded judgment, Justice S. Kannamal noted that the claimant who was a minor boy at the time of accident cannot demand compensation from the insurance company when he himself is a tortfeasor.Though the bench agreed...

Centre Appoints Delhi High Court Chief Justice DN Patel As TDSAT Chairperson

The Central Government has cleared the appointment of Delhi High Court Chief Justice DN Patel as Chairperson of Telecom Disputes Settlement and Appellate Tribunal (TDSAT), days before his retirement. Chief Justice DN Patel is set to retire on March 12. As per the order issued by Ministry of Communications, Government of India yesterday:"As approved by the Appointments Committee of the...

Can't Permit Sales Practices That Lure People Into Hoarding Liquor, Illicit Trafficking: Delhi Govt to High Court On 'No-Discount' Policy

Defending its decision to prohibit the grant of discounts or concessions by retail licensees on MRP of liquor in the city, the Delhi Government has told the High Court that it cannot permit sale practices that lure people to indulge in illicit and illegal liquor trafficking and hoarding liquor beyond the permissible limit as defined under Rule 20 of Delhi Excise Rules, 2010. The development...

ITAT Disallows 'Mixed Used Charges' For Regularising Usage Of Residential Premises For Commercial Purposes Against House Property Income

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has disallowed the 'Mixed Used Charges' for regularising usage of residential premises for commercial purposes against house property income. The two-member bench of N.K.Billaiya (Accountant Member) and Yogesh Kumar US (Judicial Member) held that the collection of the annual mixed used charge will not make any difference in...

Disallowance Can't Be Made On Failure Of Assessee To Deduct TDS If Employee's Commission Shown As Part Of Salary Income: Bombay High Court

The Bombay High Court has held that disallowance cannot be made on failure of assessee to deduct TDS if employee's commission is shown as a part of salary income. The division bench of Justice Amit B.Borkar and Justice K.R.Shriram has ruled that section 192 of the said Act, unlike other TDS provisions, requires deduction of tax at source under the head "Salary only at the time of...

NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court

"Mere contacts with the co-accused who were found in possession cannot be treated to be a corroborative material in absence of substantive material found against the accused," the Gujarat High Court has affirmed today. The Bench comprising Justice Umesh A. Trivedi was hearing an application under Section 439 for offences under Sections 8(c), 22(c), and 29 of the Narcotic Drugs...

Goa Foundation Files PIL In Bombay High Court Against NGT Constituting Special Benches In Delhi For All 4 Zones

A PIL before the Goa Bench of the Bombay High Court has challenged two administrative orders issued by National Green Tribunal – special benches were set up in New Delhi for all the four zonal benches in India by the first order, and cases from the Western Zone were assigned to the Central Zone and Northern Zone Benches by the second order.The PIL filed by NGO Goa Foundation calls the...