Showing 1939 articles
Court Quashes POCSO Charges Against Woman, Orders Return of Daughter’s Custody: Madras High Court
In a recent judgment delivered on August 1, 2024, by the Madras High Court, significant relief was granted to Mrs. Dharani, the petitioner in a Habeas Corpus Petition, by quashing the criminal proceedings against her under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court’s decision…
Court Rules Administration Must Justify Work Execution Without Required Sanction, Contractors Not Liable for Verifying Approvals: Jammu and Kashmir High Court
Jammu, August 05, 2024 - In a noteworthy judgment, the High Court of Jammu and Kashmir & Ladakh has mandated the Union Territory of J&K to release an outstanding amount of Rs. 13.90 lacs to the petitioner, M/S Cube Construction Engineering. This payment pertains to excess work completed beyond the original contract…
Court Rejects Revenue's Appeal, Affirms ITAT's Decision to Grant Additional Depreciation Under Section 32(1)(iia) for Oil Wells Treated as 'Plant & Machinery: Gujarat High Court
On April 15, 2024, the Gujarat High Court delivered a significant ruling in the case of Commissioner of Income Tax (International Taxation and Transfer Pricing) vs. Joshi Technologies International Inc. concerning the classification of assets for depreciation purposes under the Income Tax Act, 1961. Background: The…
Court Warns Against Routine Quashing of FIRs Due to Settlements, Stresses Importance of Upholding Criminal Justice System: Jammu & Kashmir high Court
In a recent ruling, the High Court of Jammu & Kashmir and Ladakh has quashed a criminal case involving Ashok Kumar after the petitioner reached a settlement with the complainant. The decision, delivered by Hon’ble Mr. Justice Mohd. Yousuf Wani, was based on the principles outlined in the Code of Criminal Procedure,…
Court Refuses Bail to Accused in Case of Sexual Assault and Forcible Conversion, Emphasizing Protection for Vulnerable Women and Children: Karnataka High Court
In a recent decision, the High Court of Karnataka, Dharwad Bench, has rejected the bail application of Rafiq S/O. Laalsab Bepari, who is accused of serious offenses under the SC and ST (Prevention of Atrocities) Act, 2015. This judgment is a significant development in the case involving allegations of forced…
Court Reinstates Police Constable Dismissed for Celebrating Birthday with Lady Constable: Patna High Court
The Patna High Court has upheld the decision of a Single Judge to reinstate a constable, Vikash Kumar, who was dismissed from service over alleged misconduct. The court ruled that the dismissal was not based on valid evidence, thus affirming the decision to set aside the earlier dismissal order. Case Background Vikash…
Court Overrules 9% Tax Demand on Haryana Vehicle, No Re-Registration Fee Required: High Court of Jammu & Kashmir
In a recent ruling by the High Court of Jammu & Kashmir and Ladakh, significant relief has been granted to vehicle owners facing undue tax demands when transferring their vehicle registrations to the Union Territory (UT) of Jammu and Kashmir. Case Background The case involved Ishfaq Ahmad Tramboo, a resident of…
Injury Sufficient to Cause Death Leads to Murder Conviction and Life Sentence Rules : Punjab & Haryana High Court
In a significant ruling, the Punjab and Haryana High Court has convicted Rajinder under Section 302 of the Indian Penal Code (IPC), overturning a previous conviction under Section 304 Part I. This decision was made following a detailed examination of witness testimonies, forensic evidence, and legal arguments related…
Magistrate Can Only Take Cognizance on Complaint by Aggrieved Person in Marriage-Related Offenses: Kerala High Court
The Kerala High Court in a significant ruling clarified the legal procedure that must be followed by a Magistrate when handling complaints filed under Section 494 of the Indian Penal Code (IPC), dealing with bigamy. The case underlines the procedural importance of adhering to Section 198 of the Criminal Procedure Code…
Supreme Court Clarifies When to Apply Doctrine of Prospective Overruling
In a pivotal decision, the Supreme Court of India has addressed the complexities surrounding taxation and royalty through its judgment in the case of Mineral Area Development Authority v. M/S Steel Authority Of India & Ors (CA No. 4056/1999). The Court’s ruling provides clarity on the application of doctrine of…
