Police Should Not Act With Presumption That Every Society Or Club Will Indulge In Unlawful Activities: Karnataka High Court

The Karnataka High Court has said that police authorities should not act with a presumption that every society, or association or club, registered for the purpose of running the Club will be indulging in unlawful activities. A single judge bench of Justice K S Hemalekha disposed of the petition filed by the Sri Siragalli Lakshmidevi Recreation Club, and directed the police authorities...

One Cannot Challenge Proceedings Of Enquiry Committee After Taking Part In It Without Any Demur: J&K&L High Court Reiterates

The Jammu and Kashmir and Ladakh High Court recently reiterated that a person who participates in enquiry proceedings without any demur and later on challenges the constitution of the enquiry committee after finding that the result of the enquiry has gone against him, is not entitled to do so.The observation was made by Justice Sanjay Dhar while dismissing a plea filed by a female...

Additional Work Without Consent Of The Employer; Arbitrator Can't Award Damages : Gauhati High Court

The Gauhati High Court has held that the arbitrator cannot invoke Section 70 of the Indian Contract Act to award damages on quantum meruit for the additional work carried out without the prior consent of the employer when the agreement did not contemplate any additional work. The bench of Justice Kalyan Rai Surana held that when the agreement, containing the arbitration clause, did...

AP Govt. Constitutes Committee To Examine The Grievances Of Taxpayer's High-Pitched Assessments

The Commercial Tax Department of Andhra Pradesh has constituted the State Level Committee to examine the grievances of taxpayers relating to high-pitched assessments and their demands.D. Ramesh (Commissioner, ST) Audits serves as the committee's chairman. It is made up of one member, the secretary, Y. Kiran Kumar (Jt. Commissioner, Enforcement-1), and one member, G. Kalpana (Jt....

Policy Prevailing On The Date Of Conviction Would Be Applicable For Purpose Of Grant Of Remission: Gujarat High Court

The Gujarat High Court has recently reiterated that while considering the case of a convict for remission, the state's remission policy prevailing on the date of conviction shall be made applicable in deciding remission application.The bench of Justice Vaibhavi D. Nanavati observed thus while directing the State Government to take a decision on the remission application pertaining to a...

Allahabad High Court Weekly Round-Up: December 19 To December 25, 2022

NOMINAL INDEX Badri Shrestha v. State of U.P. Thru. Prin. Secy. Home Lko. and another 2022 LiveLaw (AB) 533 Basoo Yadav vs. Union Of India And 4 Others 2022 LiveLaw (AB) 534 U.P. Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd. 2022 LiveLaw (AB) 535 Kamla Singh vs. State Of U.P. And 3 Others 2022 LiveLaw (AB) 536 Sidhique Kappan vs. Directorate...

Delhi High Court Protects Unnao Rape Survivor From Coercive Action In Case Alleging DoB Forgery

The Delhi High Court has directed that no precipitate action be taken against Unnao rape survivor in an FIR registered by husband of an accused, alleging that the victim and her mother had forged the date on her birth certificate for invoking offences under POCSO Act.Justice Anup Jairam Bhambhani issued notice in the anticipatory bail plea moved by the victim and sought response of the...

Kerala High Court Quashes Proceedings Against Parle In Case Alleging Violation Of Legal Metrology Rules

The Kerala High Court on Tuesday, while dealing with a petition filed by M/S Parle Agro Pvt. Ltd. seeking quashing of criminal proceedings initiated against it for not displaying the retail sale price printed on the 'principal display panel' on its FROOTI bottle, but printed on the neck of the bottle, held that same was not violative of the Legal Metrology (Packaged Commodities) Rules, 2011....

Section 53-A CRPC | MP High Court Directs DGP To Ensure Mandatory Provisions Regarding DNA Profiling In Rape Cases Are Adhered To

The High Court of Madhya Pradesh recently directed the Director General of Police to ensure that the provisions under Section 53-A CRPC regarding DNA profiling in rape cases are implemented by the investigating agencies. Placing reliance on the observations of the Supreme Court in the case of Chotkau v. State of Uttar Pradesh, the bench comprising Justice Vishal Mishra noted that it...

Delhi High Court Stays Search Warrant Against Advocate Mehmood Pracha For Office Raids

The Delhi High Court has stayed execution of the search warrant issued by a magistrate and other orders passed by the trial court for conducting raids at the office of lawyer Mehmood Pracha by Delhi Police. Justice Jasmeet Singh was of the prima facie opinion that Delhi Police had searched Pracha's office premises 24 December, 2020 and that there was no service of notice under section 91...

Kerala High Court Weekly Round-Up: December 19 To December 25, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 658- 666]Dr Asha Sreedhar v. Dr Shahinamole S and Connected Cases 2022 LiveLaw (Ker) 658Amaldev v. Preeja & Anr. 2022 LiveLaw (Ker) 659Ressy Mol Babu & Anr. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 660Sreeja T. & Ors. v. Rajaprabha 2022 LiveLaw (Ker) 661Fiona Joseph v. State of Kerala 2022 LiveLaw (Ker) 662Devananda P P v....

Property Transferred to Mother Through Sale Deed Is A Sale And Not Gift, Taxable As Capital Gain: ITAT

The Rajkot Bench of the Income Tax Appellate Tribunal (ITAT) has held that the property transferred by the assessee to his mother for consideration of Rs. 5 lakh is liable to be brought under the ambit of capital gain.The two-member bench of Suchitra Kamble (Judicial Member) and Waseem Ahmed (Accountant Member) has directed the AO to refer the matter to the Department Valuation Officer (DVO)...