23 Yrs On, Gujarat High Court Finds Man Guilty Of Wife's Murder; Says Stereotype Of Community Men Having 'Inflated Ego' Can't Explain Killing

The Gujarat High Court set aside a 2002 trial court order convicting a man for culpable homicide not amounting to murder (IPC Section 304 part 1) in a case concerning the death of his wife. The high court instead convicted the accused for murder of his wife, observing that the trial court's reasoning on evidence–the involvement of accused, the nature of injuries inflicted and the...

Income Tax Act | Refund Can't Be Withheld U/S 245 Unless Department Establishes Tax Liability: Calcutta High Court

The Calcutta High Court stated that the Income Tax Department cannot withhold a refund under Section 245 of the Income Tax Act, 1961, unless it establishes tax liability. The Bench of Justice Raja Basu Chowdhury observed that it is true that Section 245 of the said Act authorises the Income Tax Department to set off a refund against remaining tax payable. Unfortunately, in this...

Mediation Can't Be Seen As A Threat To Judiciary : CJI Surya Kant

Chief Justice of India Surya Kant said that the old belief that mediation would weaken the judiciary is now an unacceptable perception. He was speaking at a felicitation organised by the Bar Council of India in his honour yesterday. Recalling an invitation from the Federal Court of Malaysia to inaugurate a Mediation Centre established by the Kuala Lumpur Bar Association, the CJI said he...

IGST ITC Declared In GSTR-9 Can Be Set Off Against Tax Demand If Missed In Monthly GSTR-3B: Calcutta High Court

The Calcutta High Court has stated that IGST (Integrated Goods and Services Tax) ITC (Input Tax Credit) declared in GSTR-9 can be set off against tax demand if missed in the monthly GSTR-3B. Justice Om Narayan Rai bench observed that the appellate authority did not justify why the IGST ITC declared in GSTR-9 could not be set off against the tax demand. In this case,...

SFIO Probe No Bar To PMLA Proceedings: Delhi High Court Upholds ED's Provisional Attachment In ₹6000 Cr Forex Scam

The Delhi High Court has made it clear that probe by Serious Fraud Investigation Office into the affairs of a company does not bar parallel proceedings under Prevention of Money Laundering Act.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar thus dismissed the plea moved by certain accused, challenging provisional attachment of their movable and immovable...

'Personal Choice Must Be Respected': Chhattisgarh High Court Allows Minor Rape Survivor To Terminate 21-Week Pregnancy

The Chhattisgarh High Court has allowed a minor rape and sexual assault survivor to terminate her 21-week pregnancy, reiterating that disallowing the same would be a violation of her right to bodily integrity, aggravate her mental trauma, and have a devastating effect on her physical, psychological and mental health.Referring to the Supreme Court's dictum in Suchita Srivastava and Another...

Joint Registrar Vacancy At National Company Appellate Tribunal, Chennai Bench

National Company Appellate Tribunal invites application for the post of Joint Registrar on deputation basis at its Chennai Bench.Name of the Post: Joint Registrar No. of Post: 01 (One) Pay Scale: Level-13 (₹1,23,100- 2,15,900) Essential Qualification and Experience • Officers of the Central Government or State Governments or Union Territories or Courts or Tribunals or statutory organisations or State/Higher Judicial Service: (a) (i) holding analogous post on regular basis in the parent cadre...

Cops Haven't Come A Long Way From Days Of 'Dred Scott' Case: Allahabad High Court Slams Taking 'Kabza' (Possession) Of Woman

In a scathing indictment of police high-handedness, the Allahabad High Court recently come down heavily on the Uttar Pradesh Police officials for recording the detention of a woman as taking her into 'possession' (Kabza) in an attempt to circumvent an HC order. The Court took strong exception over the fact that a fard or memo of possession relating to a woman had been prepared by the...

Delhi High Court Rejects Woman's Claim Of Panchayati Divorce In Jat Community, Says Custom Must Be Strictly Proved

The Delhi High Court has made it clear that while Section 29 of the Hindu Marriage Act 1955 recognises customary divorce, the burden to prove prevalence of such a custom is heavy.A division bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar observed,“Customary divorce, if validly proved, is saved by the provision of the HMA. However, to prove custom, the parties are required...

District Executive Officer / Additional District Executive Officer Vacancy At Kerala Motor Transport Workers Welfare Fund Board

Kerala Public Service Commission invites online application for the post of District Executive Officer / Additional District Executive Officer in Kerala Motor Transport Workers Welfare Fund Board.Name of the Post: District Executive Officer / Additional District Executive Officer No. of Post: 02 (Two) Age Limit: 18-41 Years Pay Scale: ₹ 50,200 - 1,05,300/- Essential Qualification and Experience • BA/BSc./B.Com. Degree from a recognised University or its equivalent. • MSW/MA...

MV Act | Gujarat High Court Awards ₹3 Lakh To Woman For 'Loss Of Matrimonial Prospects' After Accident Resulting In Leg Amputation

The Gujarat High Court recently awarded Rs. 3 Lakh to a woman for loss of matrimonial prospects, after a bus accident which resulted in the amputation of her left leg. The woman had moved the high court challenging a 2019 award of the Motor Accident Claims Tribunal (Aux), seeking enhancement of compensation. The appellant was travelling in an AMTS bus on 05.01.2011, from Lal Darwaja to her...

“Shall Endeavour” Clause In Construction/Commercial Contracts Can Create Enforceable Obligations: Bombay High Court

The Bombay High Court has observed that the “shall endeavour” clause can amount to an enforceable obligation in the context of construction contracts. While mere failure to achieve revenue projections does not constitute a breach of the “shall endeavour” clause but not making best efforts to achieve projections in the business plan amounts to a breach of the clause. Facts...