Right to Choose Mother’s Alone, Not Medical Board’s; Court Can’t Abrogate Her Right: Bombay High Court Allows Medical Termination of 33-Week Pregnancy

The decision to terminate a pregnancy is the woman’s alone after a severe foetal abnormality is found irrespective of the length of the pregnancy, the Bombay High Court held while allowing a married woman to terminate her 33-week pregnancy against the advice of the Medical Board. A division bench of Justices Gautam Patel and Justice SG Dige observed: “The right to choose is...

Right To Cross-Examine A Witness Can Be Denied Only In Exceptional Circumstances: Allahabad High Court

The Allahabad High Court has observed that the right to cross-examine a witness is a right that may be denied only in exceptional circumstances or in such circumstances where the order sheet reveals that the other side/ party is habitual in seeking adjournments for one reason or another.The bench of Justice Rajesh Singh Chauhan passed this order while setting aside an order of the trial...

Delhi LG, Centre Fail To Respond To Plea Challenging Requirement Of Approval For State Ministers' Foreign Visits, High Court Grants Last Opportunity

The Delhi High Court has granted a final opportunity to Lieutenant Governor VK Saxena and Central Government for filing a response to Transport Minister Kailash Gahlot's plea challenging the requirement for state government ministers to seek political clearances from the Centre for personal foreign visits.Justice Prathiba M Singh granted four weeks’ time to LG and Centre through...

Gujarat High Court Quashes Reassessment Order Citing Inability Of Assessee To Secure Relevant Documents Amid Covid-19 Lockdown

The Gujarat High Court recently quashed a reassessment order and final notice of assessment issued against to an assessee after she failed to produce the relevant documents, particularly Form-F prescribed under Gujarat Value Added Tax Act, 2003 amid Covid-19 lockdown.The division bench of Justice Sonia Gokani and Justice Sandeep N. Bhatt allowed the petition under Article 226 of...

Madras High Court Reserves Decision On Plea Challenging Order Asking Lawyers To Wear Gowns Before NCLT Benches

The Madras High Court on Monday reserved its order on a plea challenging a notification issued by the Registrar of NCLT which made it mandatory for advocates to wear gowns while appearing before any bench of NCLT.The division bench of Justice R Mahadevan and Justice Mohammed Shaffiq heard the party-in-person advocate R Rajesh, and reserved the matter.Earlier, a bench of Justice K...

State Can't Levy Tax On Union's Property: Karnataka High Court Quashes Demand Notices Issued By Mangalore Municipal Corporation, Cites Article 285

The Karnataka High Court recently quashed the demand notices issued to the Union of India by the Mangalore Municipal Corporation towards payment of property tax in respect of the building used for staff quarters. A single judge bench of Justice M G S Kamal by its order dated November 8, 2022, quashed the notices issued by the corporation dated 04-06-2010 and 16-07-2011. However, since...

Delhi High Court Refuses To Quash Money Laundering Case Against Raghav Bahl, Calls Plea 'Premature'

The Delhi High Court on Monday refused to quash a money laundering case against The Quint's founder Raghav Bahl at this stage. The court also refused to quash the look out circular (LOC) against him at this stageDismissing the plea challenging registration of ECIR and proceedings initiated by ED, Justice Jasmeet Singh said:“The allegations (under the complaint) are yet to reach the stage...

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench

The Calcutta High Court at circuit bench Jalpaiguri held that an accused who is under detention under provisions of NDPS Act (the Act), cannot be released automatically on statutory bail on the expiry of 180 days which is prescribed under section 36A(4) of the Act until and unless he makes an application either in written or oral form. A Full bench comprising Justices Joymalya...

Bombay High Court Weekly Round-Up: January 16 To January 22, 2023

Nominal Index [Citation 28 - 42]Principal Commissioner of Income Tax v. Maharashtra State Warehousing Corporation 2023 LiveLaw (Bom) 28Clear Media (India) Private Limited v. Deputy Commissioner of Income-tax 2023 LiveLaw (Bom) 29Thomas Cook (India) Limited v. Red Apple Chandrarat Travel 2023 LiveLaw (Bom) 30Sandesh Jedhe v. Union of India 2023 LiveLaw (Bom) 31Sunita Kumari and Ors. v. State...

Payments Made Through Cenvat Account Is Liable To Be Re-Credited If Excise Duty Is Paid In Cash: CESTAT

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that once the duty has been paid in cash, earlier payments made through the Cenvat Account are liable to be re-credited to the Account and no objection that such re-credit was not on the basis of any eligible document can be adopted by the department.The bench of P.K. Choudhary (Judicial Member) has observed that the...

Absconding Of Accused May Reflect Guilty Mind But It Is Not Substantive Evidence Sans Other Incriminating Material Linked To Crime: Guahati HC

The Gauhati High Court has held that an absconding accused reflects guilty state of mind, however, the same cannot be a substantive evidence of his guilt in the absence of other incriminating material linked to the crime.A division bench of Justice N. Kotiswar Singh and Justice Susmita Phukan Khaund further reiterated that confessional statement made by a co-accused cannot be the sole basis...

GST Not Payable On Reimbursement Of Tree Cut Compensation Paid To Farmers By Pure Agent: Karnataka AAR

The Karnataka Authority for Advance Ruling (AAR) has ruled that a pure agent is not liable to pay GST on reimbursement of compensation amounts paid to farmers and landowners.The two-judge bench of M.P. Ravi Prasad and Kiran Reddy T. has ruled that reimbursement of land compensation amounts paid to farmers and landowners during the course of work is subject to GST if the applicant does not...