Bribe Offer to Judge; Kerala HC Division Bench recuses from hearing COFEPOSA cases

A Division Bench of Kerala High Court comprising of Justice K.T Sankaran and Justice A.Hariprasad has today recused itself forthwith, from hearing Habeas Corpus (preventive detention) matters relating to COFEPOSA cases. The decision was taken after it was found that one of the relatives of an accused, had offered a huge sum as bribe, to one of the Judges, with an alleged attempt to elicit...

A private institution with no financial aid from the Govt cannot be made to fall to the dictates of the Govt; P&H High Court

Punjab and Haryana High Court has declared Section 5(2) and Section 20 of Maharaja Ranjit Singh State Technical University (MRSSTU) Act 2014 as unconstitutional. The Court held that Section 5(2) violates Article 19(1)(c) of the Constitution of India while Section 20 is violative of the provisions of Punjab Technical University (PTU) Act, 1996 itself besides impinging upon the financial...

Art of Living pays Rs 4.75 crore environment compensation to Delhi Development Authority as per NGT Order

Sri Sri Ravi Shankar’s Art of Living Foundation has paid Rs 4.75 crore environment compensation through a demand draft to the Delhi Development Authority, as fine for damage to the Yamuna floodplains during its ‘World Culture Festival’.The payment has reportedly been confirmed by Mr. J.P. Agarwal, Principal Commissioner of Delhi Development Authority.Earlier last week, National...

High Courts Weekly Round-Up

Allahabad High CourtAllahabad High Court recently held that Criminal proceedings are not a short cut for other remedies. Justice Bharat Bhushan quashed the Criminal proceedings under Sections 420 and 406 IPC against the Accused holding that even if all the allegations in the complaint are taken at the face value, the basic essential ingredients of dishonest misappropriation and cheating...

Officials of Service Tax Department can only ‘verify’, not ‘audit’: Delhi HC axes Rule5A (2) of Service Tax Rules [Read Judgment]

Under the garb of the rule making power, the Central Government cannot arrogate to itself powers which were not contemplated to be given it by the Parliament, said the BenchIn an important pronouncement, the Delhi High Court has struck down amended Rule 5A(2) of Service Tax Rules, to the extent that it authorizes the officers of the Service Tax Department, to audit the account of...

Government Issues Draft Guidelines regarding prevention of sexual harassment of women at the workplace

Ministry of Personnel, Public Grievances and Pensions has issued draft Guidelines regarding prevention of sexual harassment of women at the workplace and invited comments from the stakeholders.“The undersigned is directed to say that a need for providing for an appeal to the complainant in allegation of sexual harassment in accordance with the Section 18(1) of the Sexual Harassment of Women...

Writ Petition solely praying for refund of money against the State is not maintainable: Delhi HC [Read Judgment]

Delhi High Court, refusing to entertain a writ petition by a Hotel fined with an amount of 41 Lakhs for non-compliance of statutory provisions of Environment Law for a period of more than twenty years, held that a writ petition solely praying for refund of money against the State is not maintainable.The petitioner contended that, under the threat of imminent closure and penal actions,it...

Marriage between Christian and Hindu performed as per Hindu rites not invalid for purposes of claiming maintenance: Punjab & Haryana HC [Read Judgment]

The Punjab and Haryana High Court has observed that, a marriage between a Christian and a Hindu performed as per the Hindu rites with the full consent of both parties cannot be said to be invalid for purposes of claiming maintenance under Section 125 of Criminal Procedure Code.Justice Anita Chaudry also observed that no provisions of Hindu Marriage Act renders a marriage between a Hindu and...

Terminating Pregnancy of Rape Victims: Amend the Law to avoid Prosecution of Doctors: Punjab & Haryana HC [Read Judgment]

The Punjab and Haryana High Court has requested authorities of AIIMS, New Delhi to reassess the possibility of termination of pregnancy of a rape victim whose gestation period of pregnancy has exceeded 24 weeks. Justice Paramjeet Singh Dhaliwal also advised the Central Government to consider making amendments to the Medical Termination Of Pregnancy Act, 1971 and clarify in so many words to...

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal (MACT) to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High Court judgment wherein...

Kerala High Court decides to disengage services of 52 temporary Munsiff- Magistrates [Read Order]

The Full Court meeting of the Kerala High Court, which met on 01/03/16 has decided to disengage the services of 52 officers employed as temporary Munsiff- Magistrates across various revenue districts, of the State.These persons were appointed as temporary Munsiff-Magistrates, in the Kerala Judicial Service, in accordance with a Government order issued on 10/09/15.Pursuant to the decision of...

If prosecution suppresses the genesis and origin of occurrence of crime, accused are entitled to get benefit of doubt: SC [Read Judgment]

The Supreme Court in Bhagwan Sahai vs. State of Rajasthan has restated that if the prosecution has suppressed the genesis and origin of the occurrence of crime, the accused are entitled to get benefit of doubt.Setting aside the judgment of the High Court which had found the accused guilty under section 308/34 of the IPC, Division Bench comprising of Justices Dipak Misra and Shiva Kirti...