Karnataka State Commission For SC/ST Has No Adjudicatory Power In Service Matters: High Court

The Karnataka High Court has said that the State Scheduled Castes/ Scheduled Tribes Commission is not conferred with adjudicatory powers under the Karnataka State Commission for Scheduled Castes and Scheduled Tribes Act, 2002 and it cannot direct regularisation of services. A single judge bench of Justice S.G. Pandit allowed the petition filed by the Executive...

Appropriate Security Arrangements Made To Ensure Subramanian Swamy's Safety: Centre to Delhi High Court

The union government on Thursday told the Delhi High Court that appropriate arrangements have been made for ensuring the safety and security of former Rajya Sabha MP Subramanian Swamy at his private residence in the national capital."Security agencies are satisfied that appropriate arrangements have been made for ensuring the safety and security of the petitioner herein considering the fact...

Suit Barred By Proviso To S.34 SRA Should Not Be Dismissed Without Opportunity To Amend Plaint & Seek Consequential Relief: MP High Court

The Madhya Pradesh High Court, Indore Bench recently held that a suit should not be dismissed immediately upon knowing that the same is barred by the proviso to Section 34 of the Specific Relief Act. Justice Pranay Verma further observed that the Plaintiff ought to be given an opportunity to amend the plaint and claim consequential relief- Thus, it has been the consistent view...

Punjab & Haryana High Court Denies Permanent Alimony Under Hindu Marriage Act To Wife Living In Adultery

The Punjab and Haryana High Court recently denied permanent alimony to a wife living in adultery, after a divorce decree was passed on the very ground of such adultery. The appellant-wife in the case filed an appeal challenging the judgment of the Family Court, Ambala, by which judgment, the Family Court had allowed the divorce petition filed by the respondent-husband under...

Punjab & Haryana High Court Dismisses Plea Filed Challenging CIC Order Denying PM CARES Fund Details

The Punjab and Haryana High Court recently dismissed a plea that was moved challenging an order of the Chief Information Commission denying information sought for regarding the PM CARES Fund details.The bench of Justice Mahabir Singh Sindhu noted that both the authorities, the office of CPIO and the CIC, are situated in New Delhi, and since they do not fall within the territorial jurisdiction...

"Protector Turned Perpetrator, Acted Like 'Cunning Cat'": Orissa HC Upholds Conviction Of Primary School Cook For Raping Hostel Inmates

The Orissa High Court has upheld the conviction and ensuing sentence of 12 years rigorous imprisonment imposed upon a 'cook-cum-attendant' of a Primary School in the district of Phulbani, who was accused of raping three inmates of the school hostel. While expressing shock and condemnation over such an unfortunate incident, a Single Bench of Justice Sangam Kumar Sahoo...

Existence Of Dependent Agent Permanent Establishment (DAPE) Is Of No Tax Consequence, If Agent Is Paid Arm's Length Remuneration: ITAT

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT)has ruled that the business profits embedded in the reinsurance premium received by a non-resident reinsurance company, is not taxable in India if the company has no permanent establishment (PE) in India which is at its disposal.The bench of Pramod Kumar (Vice President) and Anikesh Banerjee (Judicial Member) held that unless it...

Mere Possession Of 'Jihadi Literature' Not An Offence Unless Material Shows Execution Of Philosophy To Commit Terrorist Acts: Delhi Court

Dealing with a case registered under Unlawful Activities (Prevention) Act, a Delhi Court has observed that mere possession of "jihadi literature" having a "particular religious philosophy" would not amount to an offence unless there is material to show execution of such philosophy to commit terrorist acts. "….to hold that mere possession of Jihadi literature having a particular...

'State' Is An Unnecessary Party To Anticipatory Bail Applications : Manipur High Court

The Manipur High Court has issued following directions to its registry regarding the filing of anticipatory applications.a) The Registry should ensure that petition for anticipatory bail or regular bail should be appended with legible copies of complaint and the FIR registered against petitioner/accused. If the petitioner/ accused fails to enclose copies of the complaint and the FIR, the...

Section 34 Of The A&C Act Application Pending For 13 Years, MP HC Directs District Courts To Decide All Petitions Within 1 Year

The Madhya Pradesh High Court has expressed strong displeasure for keeping a petition under Section 34 of A&C Act pending for 13 years .The bench of Justice Subodh Abhaynkar remarked that delay in deciding arbitration applications mocks at and frustrates the very object for which the Act was promulgated. The Court directed the all the district Court to decide all the petitions...

Death Of One Of The Arbitrators - But Decided To Pass Award Prior To Death - Not Contrary To Section 10 Of A&C Act: Rajasthan High Court

The Rajasthan High Court has ruled that if an Arbitral Tribunal had principally decided to pass the award on a day when all the members of the Arbitral Tribunal were present, merely because the detailed award was passed on the day when one of the members of the Arbitral Tribunal was not alive, and was thus signed by only two members, it cannot be said that the award was contrary to...

Demand Of Tax and penalty can't be imposed on the basis of conjecture : Allahabad High Court

The Allahabad High Court has held that the demand for tax and penalty cannot be imposed on the basis of conjecture and surmise, especially in cases where the goods were accompanied by a tax invoice and E-way bill.The single bench of Justice Pankaj Bhatia has observed, "As the respondent has not approached for availing of the benefits that flow from Section 129, coupled with the fact that...