Jammu & Kashmir High Court Quashes Rape FIR, Says Proposal For Live-In To Ascertain How Relationship Will Work Out Not False Promise To Marry

The Jammu and Kashmir and Ladakh High Court recently quashed a rape FIR, observing that a proposal made by the accused to prosecutrix for live-In relationship, so as to ascertain how their relationship will work, does not tantamount to false promise to marry.The bench comprising Justice Sanjay Dhar observed, "He proposed to have live-in-relationship with her, meaning thereby that at the...

Madras High Court Terminates Admission Of 3rd Year MBBS Student After Finding He Had Made Baseless Allegations Of Change In NEET OMR Answer Sheet

The Madras High Court has recently terminated the admission of a 3rd year MBBS Student who had participated in the NEET (UG) 2020 examination and claimed that the OMR Answer sheet uploaded on the official website was not his. After extensive investigation into the matter, Justice CV Karthikeyan was satisfied that the original OMR Sheet as produced by the respondent agencies was the...

Need To Regulate Content With Vulgar Language On Social Media, OTT Platforms: Delhi High Court

Observing that the use of vulgar language in public domain and on social media platforms needs to be take seriously as they are open to children of tender age, the Delhi High Court has said that the issue of enactment of appropriate law or guidelines to regulate content on social media and OTT platforms needs urgent attention.Justice Swarana Kanta Sharma heavily criticized the language used...

TVF Web Series College Romance's Language Does Not Pass 'Community Test Of Common Man', Transgresses Into Area Of Obscenity: Delhi High Court

Observing that the challenge for enacting appropriate law or guidelines to regulate content on social media and OTT platforms needs urgent attention, the Delhi High Court has ruled that the language used in TVF web series “College Romance” does not pass "morale decency community test" of a common man and transgresses into the area of obscenity. Justice Swarana Kanta Sharma said that the...

Kerala High Court Initiates Suo Motu Proceedings On Brahmapuram Fire

The Kerala High Court has initiated a suo motu writ petition in relation to the continuing fire at a dumping yard of Kochi Corporation in Brahmapuram. The matter has been listed before the Division Bench comprising Justice K. Vinod Chandran and Justice C. Jayachandran tomorrow.The smoke that billowed out of the plant spread over large areas of the city, and could not be fully doused...

High Court's Administrative Side Cannot Seek Review Of Order Passed On Judicial Side: Madras High Court

While dismissing a review application filed by the High Court of Madras on its administrative side, the Madras High Court held that the administrative side cannot seek a review of its own judgments on the judicial side as it would amount to undermining the judicial fibre. Justice PT Asha noted that while an administrative order of the High Court can be subject to scrutiny, the vice...

Payment Received From Foreign Company On Account Of Business Support Services Not Taxable As FTS: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that payments received from foreign companies on account of business support services are held to be taxable as fees for technical services (FTS).The two-member bench of Anubhav Sharma (Judicial Member) and Shamim Yahya (Accountant Member) has observed that Article 12(5) of the India-Netherlands DTAA reveals that it does...

BJP MLA Madal Virupakshappa Moves Karnataka High Court Seeking Anticipatory Bail In Bribery Case

BJP Leader Madal Virupakshappa, allegedly accused in a bribery case, on Monday moved the Karnataka High Court seeking anticipatory bail.A single judge bench of Justice K Natarajan is likely to hear the legislator's plea on Tuesday.A complaint was reportedly lodged before the Lokayuktha Police alleging that Virupakshappa demanded illegal gratification in order to process certain tender...

Lease Rent Paid For Acquiring Mining Rights Is Capital In Nature, Income Tax Deduction Not Allowable: ITAT

The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has observed that lease rent paid for acquiring mining rights is capital in nature and income tax deductions cannot be allowed.The two-member bench of Partha Sarthi Choudhary (Judicial Member) and Inturi Rama Rao (Accountant Member) disallowed the amount of Rs. 24,33,339 towards amortization of leasehold premium paid in respect of...

'Independence Of Judiciary Is Not Just A Principle But A Moral Imperative': Justice Hima Kohli

“Independence of the judiciary is not just a principle but a moral imperative. The relevance of an independent judiciary cannot be overstated especially in a country like India which is not just a ‘Democratic Republic’ but has been described in the Constitution, as a ‘Sovereign, Socialist and Secular, Democratic Republic’,” Supreme Court Judge, Justice Hima Kohli said,...

CBDT Notifies Income Tax Exemption To Karnataka State Building and Other Construction Workers Welfare Board

The Central Board of Direct Taxes (CBDT) has notified the income tax exemption under section 10(46) of the Income Tax Act to the Karnataka State Building and Other Construction Workers Welfare Board.The state government framed rules in the interest of the construction laborers in 2007 in order to take up many welfare and development schemes. Keeping in mind the interest of the...

Transporting Goods In A Vehicle Without Proper E-Way Bill Is A breach, Reasons Irrelevant: Calcutta High Court Upholds Penalty

The Calcutta High Court upheld the penalty and stated that there was no requirement in law to verify the reason for transporting goods in a vehicle without a proper e-way bill.The bench of Justice Amrita Sinha has observed that the vehicle in which the goods stood transferred for being transported allegedly to the pre-recorded destination, did not have an e-way bill. The provision of Section...