High Courts
Gujarat High Court Extends Asaram Bapu's Temporary Bail In Rape Case Till July 07
The Gujarat High Court on Friday (June 27) extended the temporary bail of Asaram Bapu, who has been convicted in a 2013 rape case by a sessions court in Gandhinagar and is serving a life sentence, till July 07.Notably, Asaram Bapu's temporary bail was set to expire on June 30. After hearing the parties for some time, a division bench of Justice Ilesh J Vora and Justice PM Raval in its...
MP High Court Issues Notice On PIL For Appointment Of Special Needs Teachers In Private Schools Across Jabalpur
While hearing a PIL seeking appointment of special educators for special needs children in private schools across Jabalpur, the Madhya Pradesh High Court issued notice to Centre and State authorities and has granted time to file a reply.The division bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf observed, “Issue notice. Notice is accepted by learned counsel appearing...
MSME Council's Order Declaring Jurisdiction To Decide Dispute Between Parties Can Be Challenged Only U/S 34 Of A&C Act: Orissa High Court
The Orissa High Court bench of Justice K.R. Mohapatra has held that once the MSME Council initiates arbitration following the termination of conciliation proceedings, any order passed by the Council regarding its jurisdiction to adjudicate the dispute can only be challenged under Section 34 of the Arbitration and Conciliation Act. The aggrieved party cannot invoke Article 227 of...
Assessee Can Seek Refund Of Unutilised ITC In Personal Bank Account If Business Is Shut Down: Calcutta High Court
Calcutta High Court recently directed the proper officer under the GST Act to consider ordering refund of the unutilised ITC of an Assessee to his personal bank account, as his business was closed and its GST registration stood cancelled.The Petitioner was aggrieved by a direction of the proper officer, though allowing the refund sanction to the tune of Rs. 68,66,238/- but, directing the...
Pension Is Not Charity, Mentally Disabled Dependents Of Govt Servants Can Be Given Pension Without Income Certificate: Madras High Court
The Madras High Court has stressed that pension is a matter of right and not charity and the authorities should exhibit alacrity while disbursing pension for the benefit of mentally disabled persons. The bench of Justice GR Swaminathan and Justice K Rajasekar observed that pension should be seen as a facet of Article 21 of the Constitution, and effort must be taken to...
Karnataka High Court Grants Relief To BJP Leader Ananth Kumar Hegde Booked For Assault In Alleged Road Rage Case
The Karnataka High Court on Thursday (June 26) in an interim order directed the police not to take any coercive action against former BJP MP Ananth Kumar Hegde, who has been booked by the police in an alleged case of road rage. Justice S R Krishna Kumar passed the interim order on a petition filed by Hegde seeking to quash the FIR registered against him under sections 126(2), 117(2), 74,...
Revenue Authorities Can Decide Cases On Merits While Exercising Transfer Powers U/S 10 Of Land Revenue Act: J&K High Court
Reiterating the wide discretionary powers conferred upon senior revenue authorities under Section 10 of the Jammu and Kashmir Land Revenue Act, the High Court of Jammu and Kashmir and Ladakh has ruled that officers such as the Collector, Divisional Commissioner, and Financial Commissioner are legally empowered to decide matters on merits while exercising their authority to withdraw and...
Live-In Relationship Concept Goes Against Indian Middle-Class Values: Allahabad High Court
While granting bail to a man accused of sexually exploiting a woman on the false promise of marriage, the Allahabad High Court recently remarked that the concept of live-in relationships is against the “settled law in the Indian Middle Class Society”. A bench of Justice Siddharth also expressed displeasure at the growing number of such cases reaching the courts. The...
[SARFAESI Act] Incumbent Upon Borrower To Proactively Approach Lender To Avail Benefits Of Revival Or Restructuring: Bombay High Court
The Bombay High Court dismissed a writ petition filed by Manoj Lalwani, Director of Ritu Automobiles Pvt. Ltd., challenging HDFC Bank's recovery proceedings under the SARFAESI Act, terming the plea as an "attempt to stall the auction" of secured assets.The division bench of Justices M.S. Karnik and N.R. Borkar found that the petitioner had no locus to file the petition, as the company was...
Taxpayers Must Be Vigilant About Communications On GST Portal, Department Can't Be Blamed: Delhi High Court
The Delhi High Court has made it clear that if an assessee fails to respond to a show cause notice duly communicated to it on the GST portal, the Department cannot be blamed for passing an order raising demand, without hearing the assessee.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed,“Since the Petitioner has not been diligent in checking the portal, no...
Assessee Cannot Be Penalised U/S 271(1)(c) Of Income Tax Act For Merely Raising A Plausible Claim: Bombay High Court
The Bombay High Court stated that the assessee cannot be penalised under Section 271(1) (c) of income tax act for merely raising a plausible claim. The Division Bench consists of Chief Justice Alok Aradhe and Justice Sandeep V. Marne opined that “the claim raised by the Assessee for claiming deduction in respect of the crystalised liability towards additional bonus was a...
Three Bombay High Court Judges Recuse From Hearing HDFC CEO's Plea For Quashing FIR Lodged By Lilavati Hospital
In an interesting turn of events, at least 03 judges of the Bombay High Court have from last one week, have recused from hearing the petition filed by Sashidhar Jagdishan, the CEO of HDFC Bank, who has sought to quash an FIR lodged against him at the behest of Lilavati Kirtilal Mehta Medical Trust.Notably, the complainant Trust runs the famous Lilavati Hospital in Mumbai. In its FIR, the...