"He Would Have Managed CID Probe If HC Had Not Intervened": Allahabad HC Denies Bail To Former BSP MLA In Murder Case

The Allahabad High Court last week denied bail to former BSP MLA Dr. Vijay Kumar, the prime accused in the Shikhar Srivastava murder case as the Court noted that he is a resourceful person who could evade his arrest for four long years and might have even managed the CID probe if the HC had not intervened. Observing that the accused was not allowing the trial to proceed, the bench of...

Husband Asking Wife To Pursue Further Education, Expressing Views About Having A Child Not 'Cruelty': Karnataka High Court

The Karnataka High Court has observed that a husband suggesting to his wife or asking her to pursue her education further, cannot be considered as cruelty. A single judge bench of Justice Dr HB Prabhakara Sastry allowed the revision petition filed by Dr Shashidhar Subbanna and his mother and set aside the conviction handed down to them by the trial court for offences punishable...

Insurance Company Not To Deduct TDS On Interest On Compensation Awarded To The Claimant Till 01.06.2015 : Punjab & Haryana High Court

The Punjab and Haryana High Court has ruled that the Insurance Company is not required to deduct TDS on the interest on the compensation awarded to the claimant uptil 01.06.2015, even if the interest amount exceeds Rs. 50,000 per claimant in the financial year. The Single Bench of Justice Arvind Singh Sangwan reiterated that 194A of Income Tax Act, 1961 is not a charging provision...

Whether Proceeding U/S 12 Domestic Violence Act Can Be Challenged Under Article 227 Constitution/ S.482 CrPC? Madras HC Refers Issue To Larger Bench

A single judge of the Madras High Court recently referred to a larger bench, the question regarding the applicability of provisions of Section 482 CrPC and/or Article 227 of the Constitution for quashing an application under Section 12 of the Domestic Violence Act. Justice N Sathish Kumar was considering a batch of petitions seeking to quash the application filed under Section 12 of the DV Act...

[Order 7 Rule 11 CPC] Civil Court's Jurisdiction Not Ousted Where Procedure Prescribed In Particular Statute Not Followed: Bombay High Court

The Bombay High Court said that the court's power to reject a plaint under Order 7 Rule 11 of Civil Procedure Code (CPC) is a drastic power which is to be exercised carefully.Justice Anuja Prabhudessai was dealing with an appeal challenging trial court's order rejecting the appellant's plaint in a property dispute. The Court quashed the order and directed the lower court to...

Railway Tribunal Has Jurisdiction To Adjudicate Disputes Regarding Freight For Carriage Of Goods: Gujarat HC Refuses To Exercise Writ Jurisdiction

The Gujarat High Court has held that Railway Claims Tribunal is competent to adjudicate disputes regarding freight for carriage of goods and any dispute with regard to the same, including imposition of punitive charges.The observation was made by Justice AS Supehia while hearing a writ petition raising a dispute with regard to freight charge demanded by the Railways from the petitioner...

Husband Must Be Removed From House If It's The Only Way To Maintain Domestic Peace, Absence Of Alternate Accommodation Not Relevant: Madras HC

While allowing a wife's plea for permanent injunction, the Madras High Court has opined that if removal of the husband from home alone is the only way to ensure domestic peace, the Family Courts should not hesitate to pass such orders. The bench of Justice RN Manjula observed,"The protection orders are normally given to ensure the peaceful movement of a woman within her domestic sphere....

Motor Accident Claims | Child Victim Can't Be Equated To Non-Earning Adult, Must Be Compensated Under Non-Pecuniary Heads: Gujarat HC Reiterates

The Gujarat High Court has reiterated that children who are victims of motor accidents stand on a different footing from non-earning adults in matter of compensation.Recalling the Supreme Court's observations in Mallikarjun v/s Divisional Manager, National Insurance Company Limited, the Bench comprising Justice Gita Gopi added that compensation awarded should enable the child to...

POCSO Act Casts Burden Of Proof Upon Accused, Application U/S 311 CrPC To Summon Material Witnesses Should Ordinarily Be Allowed: Karnataka HC

In connection with a trial under the POCSO Act, the Karnataka High Court has said that an application made by the accused under Section 311 of the CrPC for summoning of material witnesses should be ordinarily permitted unless the Court comes to a conclusion that it is a ruse to drag the proceedings or permitting it, would become an abuse of the process of the law. A single judge bench...

Section 372 CrPC Proviso Providing Substantive Right Of Appeal To 'Victim' Isn't Retrospective In Nature: Allahabad High Court

The Allahabad High Court has observed that the amendments made in Section 372 CrPC by adding a proviso in the year 2009, creating a substantive right of appeal for the 'victim' is not retrospective in nature.Meaning thereby, a 'victim' [as defined under Section 2w (wa) of CrPC] has no right to prefer an appeal against an order passed before December 31, 2009, acquitting the accused/punishing...

Madras High Court Stays IT Dept's Order Imposing ₹1.5 Crore Penalty On Actor Vijay For Undisclosed Income

The Madras High Court on Tuesday granted an interim stay on the proceedings initiated by the Income Tax Department against Actor Vijay for "admitted" undisclosed income of Rs. 15 crore in the financial year 2015-16. The bench of Justice Anita Sumanth passed the interim order on an application filed by the actor and directed the Department to file its counter by September 16.The penalty...

Govt Service Rules Must Be Implemented In Uniform Manner Throughout The State: Himachal Pradesh High Court

The Himachal Pradesh High Court has made it clear that service rules framed by a state agency must be applied uniformly throughout the State. The observation came from Justice Vivek Singh Thakur qua the implementation of Himachal Pradesh Kanungo's Service Rules, 1951.The bench made it clear that a decision rendered by the High Court qua Kanungos appointed in District Shimla will also...