“Under Hindu Law Marriage Is Sanskar, Not Contract”, Pre-Condition For Marriage To Deprive Wife From Motherhood Can’t Be Effected: Chhattisgarh HC

The Chhattisgarh High Court has recently ruled that setting a pre-condition for marriage to deprive the wife from begetting child of her own cannot be enforced in law. The Division Bench of Justice Goutam Bhaduri and Justice N.K. Chandravanshi said,“To deprive a woman from motherhood as a pre-condition for marriage cannot be given a priority. The type of condition set forth by husband only...

'Is Bar Council Going On A Witch Hunt Against Its Advocates?': Bombay High Court Stays Proceedings Against Lawyer Geeta Shastri

The Bombay High Court on Monday was irked by the type of complaints being entertained by the Bar Council of Maharashtra and Goa lately and temporarily stayed one such complaint against former Additional Government Pleader Geeta Shastri. “Is the Bar Council on a witch hunt against its advocates? ...If there is someone we should be taking action against, it's him,” Justice Patel...

Husband Entitled To TDS Credit On Interest Earned From Amount Gifted To His Wife: ITAT

The Income Tax Appellate Tribunal's (ITAT), Pune Bench ruled that the husband is entitled to TDS credit on interest earned on the amount gifted to his wife.The two-member bench of R.S. Syal (Vice President) and S.S. Viswanethra Ravi (Judicial Member) has held that where the income on which tax has been deducted at source is assessable in the hands of someone other than the deductee, credit...

Exemption From Stamp Duty Granted Under Tamil Nadu Cooperative Societies Act Not Applicable To Multi-State Cooperative Societies: Madras High Court

The Madras High Court recently observed that the exemption from payment of stamp duty granted by the government under the Tamil Nadu Cooperative Societies Act is not applicable to societies registered under the Multi State Cooperative Societies Act 2002. Justice SM Subramaniam observed that Tamil Nadu Cooperative Societies Act is a State enactment whereas the Multi State...

Allegations Of Availment Of Fake Credit Cannot Be A Ground For Rejecting The Refund Applications Unless It Is Established: Delhi High Court

The Delhi High Court has held that allegations of availing of fake credit cannot be a ground for rejecting the refund applications unless it is established that the petitioner has not received the goods or paid for them.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the petitioner would be entitled to the refund of the ITC on goods that have been exported...

Doctrine Of Pleasure Subject To Rule Of Law: Kerala High Court Quashes Governor's Order Removing 15 Senate Members From Kerala University

The Kerala High Court on Friday quashed the order of Governor Arif Mohammed Khan, Chancellor of the University of Kerala, withdrawing the nomination of 15 members of the University Senate. A single bench of Justice Sathish Ninan held that the order of the Chancellor withdrawing the nominations of the members invoking the doctrine of pleasure was unsustainable in law and arbitrary:“it...

High Court Permits BJP MLA Vijender Gupta To Attend Delhi Assembly On Monday, Directs Him To Maintain Dignity Of House

The Delhi High Court on Friday permitted BJP MLA Vijender Gupta to attend the Delhi Legislative Assembly on Monday, the last day of the budget session till remainder of the session and directed him to maintain the dignity of the House. Justice Prathiba M Singh disposed of Gupta’s plea challenging the motion passed by Assembly suspending him from attending the sittings of the House for one...

Daughter-In-Law Being Told By Mother-In-Law That She Requires More Perfection In Household Work Not Cruelty: Andhra Pradesh High Court

"A married lady being told by her mother-in-law that she required more perfection in doing or attending household work can never be said to be cruelty or harassment," the Andhra Pradesh High Court has held.A bench comprising Justice Dr VRK Krupa Sagar was hearing the appeal of a mother-in-law and her son, aggrieved by conviction under Section 304B IPC (Dowry death) and sentence of...

Karnataka High Court Asks State To Put In Place Proper Methodology For Timely Disposal Of e-Khata Applications, Seeks Compliance Report

The Karnataka High Court has made it clear that whenever a manual khata (property document) is issued, e-khata is to be issued immediately on an application being made, otherwise, the very purpose of implementing the system of e-khata would be lost.A single judge bench of Justice Suraj Govindaraj directed the Principal Secretary, Rural Development and Panchayat Raj Department and the...

'Serious Crisis Will Arise For Women If Such A Man Remains Alive': UP Court Sentences Man To Death For Killing, Raping 9 Yr Old Girl

"The crime of the accused is extremely heinous in nature and is shameful for humanity, if a person with such a criminal mindset remains alive in the society, then a serious crisis will arise for women and humanity," a Court in Uttar Pradesh's Ghaziabad district observed while sentencing a man to death for raping and killing a 9-year-old girl.Convicting the accused under sections 363, 376 AB,...

Survivors May Have Indulged In Prostitution Doesn't Give Right To Molest Them: Meghalaya High Court Upholds Conviction Of Ex-Cop

The Meghalaya High Court on Wednesday upheld the conviction of a former Meghalaya police officer on charges of molesting and raping two minors in Garo Hills, back in March 2013.A bench comprising Chief Justice Sanjib Banerjee, and Justice Mr. Justice W. Diengdoh observed while hearing the appeal against the POCSO court observed, "Two features that stand out and go some distance in...

Redistributed Shamlat Land Cannot Be Automatically Presumed To Be Vested In Gram Panchayats/ Municipalities: Punjab & Haryana High Court

The Punjab and Haryana High Court recently held that the partitioned or redistributed Shamlat Deh lands which were proposed or shown to be reserved for common purposes under the Consolidation Scheme of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 and were held to have never come under the management and control of the Gram Panchayats/ Municipalities, do...