Sales Tax or VAT Dues Payable Can't Be Claimed As Priority Over Dues Of Secured Creditor: Gujarat High Court

The Gujarat High Court has held that Sales tax or VAT dues payable cannot be claimed as priority over dues of the secured creditor.The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has observed that the charge in respect of the property in question created for sales tax dues is of no avail and has no efficacy in law.The petitioner has challenged the order dated passed...

S.498A IPC | Case Can Be Filed At A Place Where Wife Resides After Leaving Matrimonial Home On Account Of Cruelty: Orissa HC Reiterates

The Orissa High Court has reiterated that a case under Section 498A of the Indian Penal Code can be filed at a place where a woman resides after leaving or being driven out of matrimonial home on account of cruelty. While terming the aforesaid charge as a ‘continuing offence’, the Single Judge Bench of Justice Gourishankar Satapathy observed, “…the physical acts of cruelty...

Gauhati High Court Sets Aside Law College's Decision Declaring Two Students ‘Non-Collegiate’ For One Day Delay In Payment Of Admission Fee

The Gauhati High Court has set aside the notice issued by BRM Law College declaring two students ‘non-collegiate’ for a day's delay in payment of admission fee, and allowed them to appear for the 3rd Year 5th semester exams. The petitioners, Kalyan Buragohain and Robiul Hussain are the students of three years LL.B. course in the BRM Government Law College. It was their case that...

'Appears That Funds Raised For Welfare Of People Were Utilized For Personal Expenses’: Gujarat HC Denies Bail To Saket Gokhale

The Gujarat High Court while denying bail to Trinamool Congress spokesperson Saket Gokhale in the crowdfunding 'misuse' case by observing that from the statement of the complainant and other witnesses, it appears that funding raised for the welfare of the people was utilized by the applicant for his personal expenses. Perusing the police report as well as the statement of witnesses...

Overseas Citizens, Persons Temporarily Residing In India Entitled To Seek Relief Under Domestic Violence Act: Madras High Court

The Madras High court recently held that the law in India does not prohibit a person holding an Overseas Citizenship of India (OCI) card or person temporarily residing here from seeking relief under the Domestic Violence Act in the Indian courts.Justice SM Subramaniam said upon Section 27 of the Protection of Women from Domestic Violence (DV) Act "unambiguously stipulates that aggrieved...

Karnataka High Court Refuses To Quash Defamation Case Against News Reader, Says She Acted On Behalf Of Channel & Allegations Can't Be Bifurcated

The Karnataka High Court has refused to quash a defamation case registered against a news reader of Kannada news channel. A single judge bench of Justice K Natarajan dismissed the petition filed by Shesha Krishna who works for BTV News, refusing to accept one of the contention raised by her that she is only the news reader.The bench said,“The allegation made against the accused...

Detaining Authority Can't Subject A Person Already In Custody To Preventive Detention Without Forming Opinion On Likelihood Of Bail: Manipur HC

The Manipur High Court has said that the detaining authority has to look into whether or not a bail application has been moved by the detenue, who is already in custody, before exercising power under preventive detention laws. The detenue, who was already in judicial custody in other two cases, was detained by the District Magistrate, Thoubal under Section 3(2) of the...

'Carried Highly Explosive Substances & Objectionable Literature': Calcutta HC Upholds Life Sentence Of Pakistani National Arrested On His Way To J&K

The Calcutta High Court on Wednesday upheld the life sentence awarded to a Pakistani national belonging to terrorist organization Al-Badar, who was found to have entered Indian territory illegally through Bangladesh and was proceeding to Srinagar, Jammu & Kashmir for the purpose of carrying out terrorist activities. The convict was arrested by the Special Task Force (STF), Kolkata on...

Employees’ Salaries, Pension Paid Till December; January’s Payment Will Be Released Soon: MCD Commissioner To Delhi High Court

The Commissioner of Municipal Corporation of Delhi (MCD) Thursday informed the Delhi High Court that the salaries and pension of civic body’s employees have been paid and cleared till December last year and payment for the month of January will be done within two to three days. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a bunch of...

Lift Attachment Of Properties Attached Erroneously: Kerala High Court To Govt After State Says Assets Of Those Not Linked To PFI Also Attached

The Kerala High Court on Thursday directed that the properties of those persons who have no connection with the Popular Front of India and which were erroneously attached by the authorities have to be 'released' to them by lifting the attachment of the properties. "The 2nd respondent, [Home Department] Additional Secretary shall forthwith ensure that the properties of those persons who have...

Delhi High Court Refuses To Stay Release Of ‘Faraaz’, Directs Filmmakers To ‘Scrupulously Adhere’ To Disclaimer

The Delhi High Court on Thursday refused to stay release of filmmaker Hansal Mehta’s movie Faraaz which is based on the terrorist attack that took place on July 01, 2016, at Holey Artisan, Dhaka, Bangladesh.A division bench of Justice Siddharth Mridul and Justice Talwant Singh directed the filmmaker and producers to “scrupulously adhere” to the disclaimer which states that the film...

[Kerala Co-operative Societies Act] Mere Endorsement Of Complaint By Minister Doesn't Eliminate Registrar's Discretion To Not Order Inspection: High Court

The Kerala High Court recently held that merely because a complaint had been filed before the Minister of Co-operation alleging misappropriation of funds and maladministration by the Managing Committee members of the Primary Agricultural Co-operative Society, which was then routed to the Joint Registrar through the Registrar of Co-operative Societies, who thus ordered inspection, it could not...