No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court

While reiterating the settled law on conviction based on sole testimony of prosecutrix in a rape case, the Kerala High Court on Thursday observed,"In the conservative, tradition bound, non-permissive society like that of ours, none would make a false accusation of rape; braving ostracism, loss of face, social stigma and shame."The remarks were made while contrasting the Indian law relating...

Minimum Punishment Prescribed U/S 27(d) Of Drugs & Cosmetics Act Can Be Reduced If Accused Enters Plea Bargain: Karnataka High Court

The Karnataka High Court has upheld a trial court order imposing a sentence less than the minimum punishment prescribed under Section 27(d) of the Drugs and Cosmetics Act, 1940, noting that the accused had entered into a plea bargain under Section 265-B of CrPC and had accepted his guilt.It dismissed an appeal filed by the state government seeking enhancement of the sentence.Section...

Attempt By CIT To Exclude Genuine Disputes Under The VSV Act Is Extremely Hyper-Technical: Delhi High Court

The Delhi High Court has held that the attempt by the CIT to exclude genuine disputants of tax liability from the possibility of settlement under the Direct Tax Vivad Se Vishwas Act (VSV) is extremely hyper-technical.The division bench of Justice Mukta Gupta and Justice Anish Dayal has observed that any proceeding challenging a decision by the department in respect of tax,...

Sum Received By Bank Under Liquidation, Whose Liability Towards DICGCI Not Cleared- Not Taxable Due To Diversion Of Income At Source: ITAT

The Ahmedabad Bench of the ITAT has ruled that the sum received by a bank who is under liquidation, and whose statutory liability to repay the Deposit, Insurance and Credit Guarantee Corporation of India (DICGCI) is not fully satisfied, is not taxable since all the income received by the assessee bank is diverted at source. The Bench of Members T.R. Senthil Kumar (Judicial Member)...

B.Ed. Not "Bachelor Degree" Of Graduation: Gujarat High Court

The Gujarat High Court has held that a B.Ed. Degree, i.e., Bachelor of Education, is not a Bachelor Degree of graduation since the said course, like 3-yrs-LLB course, can be perused only after one has graduated in any of the branches of arts or science.In the same breath, the Court held that persons possessing a B.Ed. degree are over-qualified for positions having minimum...

Defence Counsel Must Remain "Completely Awakened" During Cross-Examination, S.311 CrPC Not Meant To "Cure Defects": Punjab & Haryana HC

The Punjab and Haryana High Court has made it clear that Section 311 CrPC, which makes provision for recall of material witnesses, is not meant to "cure defects" in the defence and thus, the defence counsel must remain "completely awakened" during cross-examination of witnesses.The observation was made while dismissing a petition seeking to recall two prosecution witnesses for...

'Maternity Act' Doesn't Provide For Time Difference Between 1st & 2nd Child For Grant Of Maternity Benefits: Allahabad HC Grants Relief To Woman

The Allahabad High Court has observed that the Maternity Benefits Act, 1961 Act does not contain any such stipulation regarding the time difference between the first and second child for the grant of maternity benefits. AWith this, the Court granted relief to an Inter College lecturer whose application for maternity leave had been rejected by placing reliance on Rule 153(1) of the...

School Teacher Suing Headmistress No Reason To Withhold Teacher's Annual Increments: Chhattisgarh High Court

The Chhattisgarh High Court recently chastised a private school while exercising its writ jurisdiction under Article 226 of the Constitution for withholding the annual increment and benefit of 6th Pay Commission of its Assistant Teacher, merely on the ground that she had sued the school's headmistress.Justice Arvind Singh Chandel observed: "The Petitioner has been denied the above...

CPC | Amendment To Class Action Consumer Complaint Can't Be Allowed Without Following Order 1 Rule 8(4): Delhi High Court

The Delhi High Court has recently held that in the case of a Class action Consumer Complaint, the amendments in the complaint cannot be allowed without following the mandate under Order 1 Rule 8(4) of CPC. Allowing the petition against an order of the National Consumer Disputes Redressal Commission (NCDRC), Justice C. Hari Shankar observed:"If at a later point of time,...

Breaking: Madras High Court Sets Aside Single Judge Order Restoring Status Quo Ante As On 23rd June In AIADMK

The Madras High Court on Friday set aside the order of a single judge restoring the status quo ante in the AIADMK party as on 23rd June, 2022.The bench of Justice M Duraiswamy and Justice Sunder Mohan passed the orders allowing an appeal preferred by Edappadi Palaniswamy.The court held that the order of the single judge had created a functional deadlock in the party as there was no...

State Expected To Adhere To Rule Of Law: Kerala High Court Quashes Appointment Of Marketfed MD

The Kerala High Court on Thursday quashed the appointment of S. K Sanil as the Managing Director of MARKETFED (Kerala State Co-operative Marketing Federation Limited). A Division Bench consisting of Justice A. K. Jayashankaran Nambiar and Justice Mohammed Nias C.P. found Sanil to be ineligible and unqualified to hold the post, citing that he was not an officer in the IAS cadre in the...

Order Of Premature Retirement Indicating Misconduct/ Lack Of Integrity Is Stigmatic: Gujarat High Court Grants Relief To Armed Police ASIs

The Gujarat High Court has held that an order of 'premature retirement' become stigmatic if such order contains statements indicating misconduct or lack of integrity."Where orders have been passed which indicate blemish, disgrace, disrespute etc., and in that context if an order of termination or of compulsory retirement is seen, the same would amount to stigma by virtue of a statement made...