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Testimony Cannot Be Rejected Solely Because Witness Is Declared Hostile, Consistent Portions Can Be Relied Upon : Supreme Court
The Supreme Court on Monday (December 8) held that the testimony of a witness cannot be outrightly rejected solely by declaring a witness a hostile witness. The Court said that a portion of the testimony which is consistent with the case of the prosecution or defence may be accepted. A bench of Justice Dipankar Datta and Justice Augustine George Masih heard the case where the appellants...
Revenue Cannot Adjudicate Decade-Old SCNs On NPV Sales Tax Retention: Bombay High Court
The Bombay High Court at Goa has set aside two show cause notices issued to a manufacturer seeking to levy central excise duty on the differential amount of sales tax/VAT retained by it under a Net Present Value (NPV) incentive scheme, holding that the Revenue cannot be permitted to adjudicate stale notices after an unexplained and inordinate delay. A Division Bench of Justice...
HR&CE Department Can Probe Into Temple Maladministration Involving Public Donations, Can't Interfere In Religious Practice: Madras High Court
The Madras High Court recently held that the Hindu Religious and Charitable Endowment Department can inquire into alleged maladministration in a temple. The court added that when a temple accepts public contributions, it assumes the nature of a public institution, and the State can intervene even if it is not a notified public religious institution. The bench of Justice SM Subramaniam...
Counterclaims, Set-Off Claims No Bar to Insolvency Admission Without Proof of Full Discharge: NCLT Allahabad
The National Company Law Tribunal (NCLT) at Allahabad has held that set-off claims, counterclaims or assertions of business losses cannot defeat the admission of an insolvency application unless they are supported by undisputed material showing that the debtor has completely discharged its liability.The tribunal delivered this finding while admitting Punjab National Bank's (PNB) insolvency...
Deputationist Can Be Repatriated Anytime For Unsatisfactory Conduct; No Vested Right To Continue On Deputation: Calcutta HC
A Division Bench of the Calcutta High Court comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya held that the deputationist has no vested right to continue on deputation and can be repatriated at any time if conduct is unsatisfactory, provided that the procedure under DOPT OM 17.06.2010 is duly followed. Background Facts The employee was a Senior Private...
Himachal Pradesh High Court Flags Gaps In Agriculturist Certificate Process, Directs State To Revise 2010 Instructions
The Himachal Pradesh High Court has found an “apparent lacunae” in the procedure of issuance of Himachali agriculturist certificates and directed the State government to revamp instructions of March18, 2010 governing verification of agricultural land and eligibility for agriculturist status.The Court remarked that the forms used for issuing certificates required only a declaration that...
“Reasonable Grounds” To Grant Bail Pending Trial In NDPS Cases Cannot Be Interpreted As 'Proof' Under BSA: J&K High Court
Underscoring the importance of a balanced interpretation of "reasonable grounds" in the context of bail applications, the Jammu and Kashmir and Ladakh High Court has emphasized that such grounds must go beyond mere suspicion yet fall short of conclusive proof.A bench of Justice Mohammad Yousuf Wani added, “.. The words “reasonable grounds” cannot be read to mean proved as used...
Acquittal In A High-Profile Case And Structural Crisis Of Criminal Justice Delivery
The recent acquittal of Malayalam film actor Dileep in the much-publicised abduction and sexual assault conspiracy case has once again placed India's criminal justice system under sharp public and legal scrutiny. Even before the detailed judgment has been uploaded and examined, public reactions across Kerala and beyond have been deeply polarised. While one section views the verdict as a complete vindication of the accused, another believes that justice has failed the survivor. This sharp divide...
Family Courts In India: Reforming A System That Is Failing The Families It Was Built To Protect
“When a judge has 2,000 cases, it becomes oppressive… a judge starts thinking of cases as statistics rather than as human problems requiring solutions and remedies.” — Justice R. V. Raveendran.Family Courts in India were established to insulate vulnerable families from the harshness of conventional litigation. They were envisioned as specialized forums of compassion, speed, and settlement-driven dispute resolution. But four decades later, the truth is unavoidable: family courts have evolved into...
Supreme Court Directs UP Police Officer Accused Of Anti-Muslim Remarks To Give Voice Sample; Quashes Case Against Man Who Flagged Audio
The Supreme Court today(December 8) quashed a criminal case against a man in Uttar Pradesh on finding that it was falsely lodged against him after he was proposing to initiate legal action over an audio clip in which the then Superintendent of Police, Bijnor, was allegedly heard making objectionable comments against Muslims.The bench comprising Justice Ahsanuddin Amanullah and Justice K...
Kerala University Sanskrit PhD Row: Special Court Grants Bail To Dean Booked Under SC/ST Act
The Special Court for SC/ST (PoA) Cases, Nedumangad (Thiruvananthapuram) has granted bail to Dr. C.N. Vijayakumari, Head of the Department of Sanskrit, Chairman of the Doctoral Committee, and Dean, Faculty of Oriental Studies at the University of Kerala.Dr. Vijayakumari is the sole accused in the crime registered at Sreekaryam Police Station in Thiruvananthapuram alleging commission of...