Amendments In Connection With Time-Barred Claims Permissible If Special Circumstances Exist: Patna High Court

While dismissing a civil miscellaneous application, a bench of Justice Sunil Dutta Mishra of the Patna High Court held that the Court has the power to allow amendments in connection with claims that have become time-barred if special circumstances exist and it is in the interest of justice. However, no amendment will be permitted that introduces a new set of ideas to the detriment of any...

3.5 Yrs Old Girl Not Introduced To Own Organs, Not Expected To Give Exact Description Of Private Parts, Identify Accused From Photo: Bombay High Court

Observing that a three-year-old child cannot be expected to give an exact description of her private parts or identify the accused based on a photograph, the Bombay High Court upheld the 10 -year sentence of the child’s neighbour under the Protection of Children from Sexual Offences Act (POCSO).Justice Bharati Dangre upheld the neighbour’s conviction by a Special Court for offences...

Allahabad HC Stays Coercive Action Against MP Asaduddin Owaisi For Allegedly Criticising SC's 2019 Ram Janmabhumi Verdict

The Allahabad High Court has stayed coercive action against AIMIM chief and MP Asaduddin Owaisi till April 24 in a criminal case over his alleged controversial statements on the 2019 Ram Janmabhoomi verdict of the Supreme Court Of India.The complaint case pending against him before the Siddharthnagar Court under Sections 153-A, 295-A, 298 IPC pertains to his statements made allegedly on the...

Mamata Banerjee Moves Bombay High Court For Quashing Proceedings In National Anthem Disrespect Case

West Bengal Chief Minister Mamata Banerjee referred to parts of National Anthem to draw the spirit of oneness of India from it, according to Banerjee's petition before the Bombay High Court. Banerjee has sought quashing of a complaint filed against her for allegedly disrespecting the National Anthem during an event.A Single Judge bench will hear the plea on March 27, 2023.The incident...

Manager Asking Employee To Explain Irregularity In Books Of Accounts Not Abetment To Commit Suicide U/S 306 IPC: Gujarat High Court

The recent ruling of the Gujarat Hight Court has made it clear that a Manager asking its employee to explain alleged irregularities in the books of accounts does not amount to abetment to commit suicide under section 306 of the IPC.A bench of Justice Hemant M. Prachchhak observed,"If the person who is sentimental and if he takes some ultimate steps which does not amount to...

Delhi Budget 2023-24: Know The Key Highlights

Kailash Gahlot, the finance minister for Delhi, unveiled the Rs, 78,800 crore budget for the coming financial year 2023–2024. Big announcements were made in the budget in the area of taxation.Establishment of a Tax Policy and Revenue Augmentation UnitThe government has intended to initiate the operationalization of a dedicated Tax Policy and Revenue Augmentation Unit (TPRAU) in the...

'Documentary Evidence' Not Pre-Condition To Avail Remedy U/S 17 SARFAESI Act Against Secured Creditor's Action U/S 13(4): MP High Court

The Madhya Pradesh High Court has made it clear that 'documentary evidence' is not a pre-condition to avail remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) against secured creditor’s alleged action under Section 13(4) of the Act.Section 17 provides remedy of appeal before DRT to any...

Madras High Court Quashes The Criminal Proceedings Against Guarantor Of Assessee, For Assessee’s Failure To Pay Tax; States It's Only Contractual Liability And Not Criminal

The Madras High Court has quashed criminal proceedings against the guarantor of the assessee for failing to pay the tax dues of the latter to the Commercial Tax Department. The Commercial Tax Officer (CTO) filed a private complaint before the Judicial Magistrate against the assessee as well as the petitioner, who stood as a guarantor with respect to the tax arrears of the business done...

Arbitrator Under The National Highways Act Has To Give An Award Within 1 Year, Failure Can Result In Termination Of The Mandate: HP High Court

The High Court of Himachal Pradesh has held that the arbitration proceedings under the National Highways Act, 1956 are governed by the Arbitration and Conciliation Act, 1996, thus, the arbitrator so appointed by the Central Government under Section 3G(a) of the National Highways Act is bound to follow the provisions of the A&C Act. The bench of Justice Sushil Kukreja held that...

'Sponsored' Foreign Travel: Delhi High Court Upholds Judicial Officer's Dismissal For 'Accepting Favour' From 'Stranger', says Judge Always Open To Be Judged

“A Judge is a Judge who is always open to be judged,” the Delhi High Court said on Thursday while upholding a judicial officer's dismissal from service for allegedly accepting a "favour" from a "stranger".A division bench of Justice Manmohan and Justice Saurabh Banerjee made the observation while refusing to reduce a major penalty of dismissal of service imposed on the judicial...

Madras High Court Asks College To Pay Rs 5 Lakh Compensation To Family Of Engineering Student Who Drowned In Sea During Coastal Cleanup Drive

The Madras High Court recently awarded a compensation of five lakh rupees to the family of a 3rd Year Engineering Student who drowned in sea during a Coastal cleanup drive organised by the college.Justice SM Subramaniam held that the college was not responsible for the drowning of the student, who had voluntarily taken a bath in the sea despite instructions against the same. However, the...

Kerala High Court Dismisses Public Service Commission's Plea Against KAT Order Permitting Transgender Person To Apply

The Kerala High Court recently dismissed the plea of the Kerala Public Service Commission (KPSC) challenging the interim order of the Kerala Administrative Tribunal that had permitted a transman by the name of Arjun Geetha, to apply for the post of Sub Inspector of Police (Trainee) in Armed Police Battalion.A division bench comprising Justice S V Bhatti and Justice Basant Balaji considering...