News Updates
When Can A Co-Owner Maintain An Injunction Suit To Protect His Co-Ownership Right Over Property? Kerala High Court Enumerates
The Kerala High Court has recently laid down the instances when a co-owner can maintain a suit for injunction to protect his co-ownership right over a property. Justice A. Badharudeen was adjudicating upon a matter where one co-owner was attempting to construct a building in the co-ownership property during the pendency of the final decree proceedings before a trial court. The plaintiff in...
Electronic Credit Ledger Can Be Blocked Under GST Rules 2017 Only If Credit Balance Is Available: Gujarat HC Orders Authorities To Refund ₹20L
The Gujarat High Court has recently held that the power prescribed under Rule 86A of the GST Rules 2017 to block an electronic credit ledger can be exercised only when there is availability of credit in such ledger, alleged to be ineligible."Condition precedent for exercise of power under Rule 86A of the GST Rules is the availability of credit in the electronic credit ledger which is...
Post-Mortem Report Can't Be Sole Basis For Conviction In Absence of Incriminating Legal Proof: High Court of Jammu & Kashmir & Ladakh
The Jammu and Kashmir High Court recently dismissed a criminal acquittal appeal, noting that the evidence of post-mortem report by no stretch of imagination can be made the sole basis for the conviction of the accused in the absence of legal proof against them. A Division Bench of Justices Mohan Lal and Sanjeev Kumar held,"In a criminal trial, it is the duty of the Court to ensure that...
Rajasthan VAT Act Enacted To Provide Remedy For Loss Of Revenue & Not To Punish Offender For Committing Economic Offence: High Court
The Rajasthan High Court, Jaipur has observed that provisions of Rajasthan Value Added Tax Act, 2003 have been enacted to provide remedy for loss of revenue and not to punish the offender for committing economic offence and, therefore, mens rea is not an essential ingredient for contravention of such provision. The court added that breach would attract levy of penalty whenever the...
'Duty To Produce Basic Proof Of Allegations Not Absolved In PIL': Rajasthan HC Dismisses Plea Alleging Govt Officials Of Embezzling Public Funds
The Rajasthan High Court, Jaipur has observed that in a public interest litigation, the petitioner is not absolved of producing at least a basic proof of the allegations levelled by him. A division bench of Chief Justice Akil Kureshi and Justice Sudesh Bansal, observed, "Even otherwise we find the petition with long pleadings are long in averments but short in contents. The...
Antilia Bomb Scare: Special NIA Court Refuses Bail To Former Encounter Specialist Pradeep Sharma
A special NIA court has rejected the bail application filed by former Mumbai policeman and encounter specialist Pradeep Sharma in the Antilia bomb scare and Thane businessman Mansukh Hiran's murder case. He has been in custody since his arrest by the National Investigation Agency in June last year.Special Judge AT Wankhede rejected the application on Wednesday, a detailed order of which is yet...
NOC From Husband Not Required For Wife To Donate Kidney: Madhya Pradesh High Court
The High Court of Madhya Pradesh recently held that the rejection of an application, moved by the Petitioner/mother to donate her kidney to her ailing son, by the Respondent/Hospital on the ground of non-issuance of the NOC by her husband was not sustainable. Justice Purushaindra Kumar Kaurav was dealing with a writ petition filed by the Petitioner who was aggrieved by the...
Delhi Court Summons 5 Aam Aadmi Party Leaders In Defamation Case By BJP Leader Chhail Bihari Goswami
A Delhi Court has summoned five leaders belonging to the Aam Aadmi Party namely Satyender Jain, Aatishi Marlena, Raghav Chadha, Durgesh Pathak and Sourabh Bhardwaj in a defamation case filed by BJP Leader Chhail Bihari Goswami. Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey was of the prima facie view that the accused persons had committed the offences under sec. 499...
Merely Keeping Tobacco Products At One's Residence Not An Offence: Kerala High Court
The Kerala High Court has recently ruled that mere keeping of tobacco products at one's residence does not attract any offence per se. Holding so, Justice Kauser Edappagath allowed a petition filed by an accused who was charged for storing a collection of tobacco products at his residence, allegedly to sell to children. "Mere keeping of the tobacco products at the residence of the accused...