High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court, in Thakur Ramnath Singh Prathamik Pathshala And Another Vs. State Of U.P. And 3 Others, directed the state government of UP to frame a policy in relation to grant-in-aid to unaided institutions in the light of the Constitutional mandate and Article 21-A.The High Court recently held that the very object of conducting the test would stand defeated,...

Is Group Admin Liable For Defamatory Texts Made By A Member? Delhi HC Says No [Read Judgment]

When an online platform is created, the creator, thereof, cannot expect any of the members to indulge in defamation, the court observed.The Delhi High Court, while dismissing a civil suit for defamation against an administrator of a social media group, observed that he cannot be made liable for defamatory statements made by any other member of the group.Justice Rajiv Sahai Endlaw said: “I...

Section 10A Of Income Tax Act Is Provision For Deduction, Not Exemption: SC [Read Judgment]

The deductions under Section 10A would be prior to the commencement of the exercise to be undertaken under Chapter VI of the Act for arriving at the total income of the assessee from the gross total income, the Bench said.The Supreme Court, in CIT vs M/S Yokogawa India Ltd, has held that Section 10A of the Income Tax Act is a provision for deduction and not exemption.However, the court...

‘Black Money’ Disclosures Not Immune From Criminal Liability: Taxation Laws (Second Amendment) Act, 2016 Came In To Force

Levy of penalty for misreporting of income @200% of tax payable under Section 270A of the Income-tax Act shall continue to apply.Taxation Laws (Second Amendment) Act, 2016 came into force as the Government has notified the rules on 15th December 2016.The Taxation and Investment Regime for Pradhan Mantri Garib Kalyan Yojana, 2016 introduced in the amendment will    commence today...

Madras HC Directs Acid Attack Victim To Claim Compensation From DLSA [Read Order]

The Madras High Court (Madurai Bench), in Muthulakshmi Vs. The District Collector, Ramnad District and others, has directed an acid attack victim to claim compensation from the District Legal Services Authority (DLSA) under the Victim Compensation Scheme (VCS).A petition was filed by the acid attack victim seeking compensation in view of the severity of her injury, expenditure with regard...

Bombay HC Refuses To Prevent Tata Companies From Voting To Remove Nusli Wadia

Bombay High Court today refused to restrain the promoters of Tata Chemicals, Tata Motors and Tata Steel from voting on the resolution that sought removal of Nusli Wadia as the independent director of these three companies. Although the single bench of Justice SJ Kathawalla did restrain these companies from appointing any new directors on their board.Tata Chemicals, Tata Motors and Tata Steel...

No Tax For Political Parties Depositing Old Notes In Banks

Revenue secretary Hasmukh Adhia  reportedly said that the political parties depositing demonetised currency notes in their accounts are exempted from income tax.According to PTI report, the tax exemption on deposits by political parties is subjected to individual donations not exceeding Rs 20,000 in cash and with proper receipt."If it is a deposit in the account of a political party, they...

Parliament Passes Rights Of Persons With Disabilities Bill 2016; Read Salient Features

The Loksabha passed the "The Rights of Persons with Disabilities Bill - 2016". The Rajya Sabha has already passed the Bill on 14.12.2016.Salient features of the Billi. Disability has been defined based on an evolving and dynamic concept.ii. The types of disabilities have been increased from existing 7 to 21 and the Central Government will have the power to add more types of disabilities. The...

SC To Hear Plea For Uniform Civil Code On Jan 3

Supreme Court agrees to hear the petitions seeking implementation of Uniform Civil Code on 3rd January, 2017BJP spokesperson Advocate Ashwini Upadhyay who is an intervener in the case, mentioned the urgency before a three Judge bench of Chief Justice Thakur and Justice DY Chandrachud.Upadhyay in his impleadment petition in the main case Albert Antony Vs Union of India submitted that the...

Grant 180-Day Maternity Leave For All Female Employees Including Temporary Workers: Uttarakhand HC [Read Judgment]

The Court also directed to grant Child Care Leave (CCL) of 730 days’ to all female employees during the entire service.In a landmark judgment, Uttarakhand High Court has directed the government to grant maternity leave to all the female employees with full pay for 180 days, even working on contractual basis, ad hoc/tenure or temporary basis.The high court also held that a female...

Muharram Processions: Can Children Be Kept Away, Bombay HC Asks State Police

A division bench of the Bombay High Court has asked Maharashtra Police whether a circular that was issued two years ago in 2014 to ensure implementation of certain rules during the procession can be implemented in the entire state.Although, this circular has largely been implemented in Mumbai since 2014, the bench of Justices AS Oka and Anuja Prabhudessai enquired whether state police...

Fine Can’t Be Paid In Demonetised Old Notes: Delhi HC [Read Judgment]

The issuance of currency notes and its demonetisation is purely an executive act and it is not open to the courts to step into the said arena, said the Court.The Delhi High Court has recently directed judicial officers not to accept the fine amount in old currency notes of Rs.500/1,000 post demonetisation.Justice Vipin Sanghi set aside the order of CBI Special Judge dated 16.11.2016. The...