Showing 10442 articles
'Judicial Harakiri': Magistrate Criticized for Ignoring Direction to Decide Maintainability of Cheque Bounce Case: Orissa High Court
The Orissa High Court has sharply criticized a Judicial Magistrate First Class (JMFC) for dismissing a petition that questioned the maintainability of a cheque bounce case, despite clear instructions from the High Court to consider the matter. The High Court expressed serious concern over the Magistrate’s conduct,…
Second Wife of Deceased Muslim Government Employee Held Entitled to Family Pension: Patna High Court
The Patna High Court has issued a landmark order directing the Bihar government to sanction family pension to the second wife of a deceased Muslim government employee. The court emphasized that the applicable Finance Department resolution remains valid and enforceable, ensuring the rights of Muslim widows under…
IBC | Provident Fund Dues Are Protected, but Uncrystallised Interest and Damages May Be Excluded from the Resolution Plan: Supreme Court
The Supreme Court of India has delivered a landmark judgment clarifying the treatment of Provident Fund (PF) dues, interest, and damages during the Insolvency and Bankruptcy Code (IBC), 2016 proceedings. The Court held that PF dues are protected from being completely wiped out in a resolution plan, but claims for…
Section 180 BNSS | Police Must Record Witnesses' Statements in Their Own Language, Not Through Inculpatory Leading Questions: Allahabad High Court
The Allahabad High Court has issued an important direction to the police authorities of Uttar Pradesh regarding the proper method of recording statements under Section 180 of the Bombay Police (Establishment and Service) Act (BNSS). The court emphasized that police officers should record the statements of witnesses in…
Section 44B Income Tax Act | Cruise Voyages Remain a Shipping Business Despite Providing Entertainment and Hospitality Services: Supreme Court
The Supreme Court has delivered a landmark judgment clarifying the classification of cruise ship operations under Section 44B of the Income Tax Act. The court held that a foreign cruise ship operator offering hospitality and entertainment services during voyages still qualifies as a shipping business under this…
Court Fees Act | Appeals Seeking Statutory Benefits in Land Acquisition Compensation Attract Ad Valorem Court Fees: Supreme Court
The Supreme Court has clarified that an appeal under the Land Acquisition Act, 1894, which is solely related to the grant of statutory benefits without challenging the actual determination or enhancement of compensation, attracts ad valorem court fees on the decretal amount under Section 8 of the Court Fees Act, 1870.…
'Blank' NHAI Notice in Highway Land Acquisition Quashed; ₹5,000 Costs Imposed for 'Irresponsible' Action: Patna High Court
The Patna High Court has taken a strong stand against the National Highways Authority of India (NHAI) for issuing a blank and uninformative notice to a landowner regarding land acquisition for the construction of National Highway-527C. The court described the manner in which the notice was issued as “irresponsible”…
POCSO | Pulling a Minor's Hand After She Ignores a Whistle May Amount to Harassment, Not Sexual Assault: Madras High Court
The Madras High Court has taken a significant step by suspending the sentence of a man convicted under the Protection of Children from Sexual Offences (POCSO) Act. The court observed that the incident in question required a closer examination to determine whether it constituted sexual assault or was merely harassment.…
Government Teacher's Suspension Over Social Media Posts Alleging Misdeeds by BJP Leader Quashed: Allahabad High Court
The Allahabad High Court has annulled the suspension of a government primary school teacher who was suspended due to social media posts accusing a BJP leader of misdeeds. The court emphasized that exposing alleged wrongdoings or corruption cannot be automatically considered misconduct under the law. Case Background…
Life Sentences of Father and Brother Upheld in 'Honour Killing' of Two Minor Girls; Pre- and Post-Crime Conduct Relied Upon: Allahabad High Court
The Allahabad High Court has recently upheld the death sentence of a father and his son convicted of murdering two minor girls in an honour killing case. The court reinforced its decision by emphasizing the importance of evidence regarding the conduct of the accused before and after the crime, under Section 8 of the…
