High Courts Archives | Page 52 of 591

Can income-tax reassessment notice under S. 148 be issued on ‘change of opinion’ for material scrutinised in previous assessment? Gujarat HC answers

Documents relating to proof of deduction under Section 54F of the Act; Bank statement showing payment for above deduction; Statement justifying sale consideration; Working of capital gain were all furnished by the assessee.

Case Briefs High Courts

Delhi High Court quashes blacklisting of 17 Haj Group Organizers on lack of clear notice on debarment

While the impugned orders are elaborate and explicitly cite specific provisions and clauses of the Haj Policy, 2023, which the petitioners were found to be violating, the show cause notices do not refer to any violations of the Haj Policy, 2023, attributable to the petitioners.

Case Briefs High Courts

Calcutta High Court directs POCSO Court to enquire against mother-daughter for filing false rape case under political pressure

‘If it appears that victim was not a minor at the time of lodging false complaint and recording of her statement, appropriate action should be taken against her without hesitation.’

Case Briefs High Courts

‘Contradictory versions and sketchy evidence’; Jharkhand HC sets aside conviction and death sentence of a man convicted for murder of his pregnant wife and 15-months-old child

The prosecution case has crumbled like a house of cards. Neither the circumstances have been proved which can lead to a conclusion that the accused was complicit in offence, nor any consistent prosecution version has come which can be relied upon.

Case Briefs High Courts

“Any further investigation after filling of Police Report requires trial court’s permission under Section 193(9) of BNSS”: Rajasthan High Court

The Court noted that since the petitioner was not found to be involved in any offence, his plea for quashing the FIR no longer required adjudication.

Case Briefs High Courts

‘Special equities have to partake the character of irretrievable injustice’; Delhi HC quashes award by Arbitral Tribunal to injunct invocation of Bank Guarantees

‘The person at whose instance a Bank Guarantee has been issued by the bank is not a party to it and is merely a benefactor from whose account the payment would be realized.’

Case Briefs High Courts

Bombay High Court asks for an affidavit from the State stating how online rummy is a ‘game of skill’ and not a ‘game of chance’

The social worker has impleaded celebrities like Sachin Tendulkar, Shahrukh Khan, Hrithik Roshan, Ajay Devgan, Annu Kapoor, and Shakti Kapoor for promoting online gambling.

Case Briefs High Courts

Chhattisgarh HC registers suo motu PIL based on news report highlighting non-functional oxygen plants worth crores of rupees at Bilaspur District Hospital

The news report alleged that at present, oxygen supply is being made from the oxygen cylinders which are brought from outside. Despite various authorities inspecting the Hospital, no heed is being paid for restarting the closed Oxygen plants.

Case Briefs High Courts

‘Imprisonment does not restrict individual’s right to pursue education’; Bombay HC allows accused to take admission in LL.B course

The University of Mumbai and Siddharth College of Law are at liberty to refuse permission to petitioner from appearing in the examination for failure to satisfy the minimum attendance criteria or any other eligibility criteria.

Case Briefs High Courts

False criminal prosecution by wife against husband and his family amounts to cruelty: Allahabad High Court

“For the act of cruelty committed, once arrest of parents of a spouse is caused on false allegations or allegations found to be false during a criminal trial, no further or strict proof of cruelty may be prescribed or applied by Courts.”

Case Briefs High Courts

‘Material Working Facilities operating without CTE, Junagadh Municipal Commissioner oblivious of responsibilities’: Gujarat HC seeks report on non-compliance of Plastic Waste Management Rules

“It was evident that the Municipal Commissioner, Junagadh Municipal Corporation was oblivious of the requirement of the Plastic Waste Management Rules, 2016, while establishing Material Recovery Facility (MRF) without any approval/permission of the GPCB and engaging private operators who do not have requisite permission of the GPCB.”

Case Briefs High Courts

Medical practitioners to be protected from frivolous and unjust prosecution, particularly which are for extracting unjust compensation: Bombay HC

The report submitted by the Committee nowhere suggests that prescription of irrational combination of medicines by applicant is responsible for brain hemorrhage and consequential death of complainant’s wife.

Case Briefs High Courts

‘Acted in irresponsible and negligent manner while defending its case’; Punjab and Haryana HC dismisses petition to set aside ex parte proceedings

No sufficient reason was mentioned by the petitioner for the delay in filing the written statement and apparently blunt excuse was provided that the representative of the petitioner fell ill and no instructions could be issued to the Advocate.

Case Briefs High Courts

Allahabad High Court dismisses Advocate’s vexatious contempt plea against Justice Sunita Agrawal

“Criminal contempt is primarily a matter between the Court and the contemner and not a matter between a citizen and the contemner”.

Case Briefs High Courts

‘Husband is not absolved from providing maintenance even if wife is capable of earning’; Delhi HC upholds order by Trial Court against husband having extra-marital affair

‘The wife was a victim of domestic violence because she had been subjected to physical as well as mental abuse from her husband and no woman can tolerate that her husband is cohabiting with another lady.’

Case Briefs High Courts

Part-time contractual employees entitled to maternity benefits even though their appointment rules make them ineligible: Gauhati HC

The amount to be received by petitioner shall not only be restricted to the amount claimed by her but will also include any such other computation admissible in terms of the relevant provisions of the Maternity Benefit Act, 1961.

Case Briefs High Courts

‘Did not challenge selection criteria prior to entering the selection process’: Delhi HC upholds CAT order dismissing petition to set aside appointment order

In nutshell, when the petitioner could not find his place in selection list, he knocked the doors of the Court alleging mala fide at the hands of respondents, which cannot be permitted.

Case Briefs High Courts

Till BCI’s decision is pending, complaints against Advocates will be entertained only on fee of Rs 1750: Uttaranchal HC halts fee hike to Rs 5500

Regarding the 20 complainants, who paid Rs 5500 towards fee, the Court stated that the Bar Council of Uttarakhand will have to take steps to return the remaining amount after deducting Rs 1750 from Rs 5500.

Case Briefs High Courts

MUDA Scam | Karnataka HC finds no anomaly in the Gubernatorial Order according sanction against CM Siddaramaiah

Upholding the order, the Court stated that the Governor in the normal circumstance has to act on the aid and advice of the Council of Ministers as obtaining under Article 163 of the Constitution, but can take independent decision in exceptional circumstances and opined that the instant case was one such exception.

Case Briefs High Courts

Rajasthan High Court quashes order reducing Grants-in-Aid of Educational Institutions; says it affects Students’ education

“Even while passing administrative order having civil consequences, the reasons are not only to be recorded but are to be supplied to the affected parties.”