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Income Tax Case Quashed; No Criminal Prosecution If Taxpayer Was Entitled to Refund: Bombay High Court
The Bombay High Court has delivered a significant judgment ruling that criminal prosecution against a taxpayer is unwarranted when the taxpayer is found to be entitled to a refund under the Income Tax Act. The court emphasized that continuing criminal proceedings in such cases would amount to an abuse of the legal…
Courts Cannot Direct CBI to Secure Prosecution Sanction; Case Against Former DM in Illegal Sand Mining Matter Quashed: Allahabad High Court
The Allahabad High Court has clarified that a trial court does not have the authority to direct the Central Bureau of Investigation (CBI) or any investigating agency to obtain prosecution sanction for a public servant. The court emphasized that such a direction amounts to directing the sanctioning authority to grant…
Employer Must Approach Industrial Tribunal, Not Writ Court, to Challenge Strike During Conciliation: Karnataka High Court
The Karnataka High Court has clarified that employers cannot generally file a writ petition in the High Court to prevent a workers' union from going on strike during ongoing conciliation proceedings. Instead, they are required to seek relief from the Industrial Tribunal, which is the proper authority under the…
SC Reservation Benefits Cannot Be Withdrawn Due to Subsequent Changes in the Scheduled Caste List: Gujarat High Court
The Gujarat High Court has delivered an important judgment affirming that reservation benefits granted to individuals born into Scheduled Castes (SC) cannot be taken away solely because the list of Scheduled Castes was later amended. The court emphasized that caste is determined by birth and remains attached to a…
Centre and CBSE Directed to Amend APAAR Consent Form to Provide Opt-Out Option; Third-Party Data Sharing Restricted: Supreme Court
Supreme Court Orders Amendments to APAAR Consent Form and Restricts Data Sharing Under the Digital Personal Data Protection Act The Supreme Court of India has directed the Central Government and the Central Board of Secondary Education (CBSE) to amend the existing consent form under the Automated Permanent Academic…
Wife Needn't File Successive Pleas for Maintenance Recovery; Judicial Officers Warned of Contempt for Ignoring Supreme Court Guidelines: Allahabad High Court
The Allahabad High Court has clarified that a wife is not required to file multiple applications to recover her monthly maintenance under Section 125 CrPC. The Court directed all Family Court Judges in Uttar Pradesh to strictly follow the Supreme Court judgments regarding the enforcement of maintenance orders. The…
Can the High Court Invoke Its Inherent Powers Suo Motu Under Section 528 BNSS to Quash a Criminal Case in a Complainant's Appeal? Answered: Allahabad High Court
The Allahabad High Court has clarified that it has the authority to invoke its inherent powers under Section 528 BNSS (which corresponds to Section 482 CrPC) suo motu, meaning on its own motion, to quash criminal proceedings. This power can be exercised even when dealing with an appeal filed by a complainant if the…
Woman Induced Into Marriage by Concealment of Husband's Existing Marriage Entitled to Maintenance Under Section 125 CrPC: Allahabad High Court
Allahabad High Court Rules on Maintenance Rights for Women Married Through Concealment of Previous Marriage Introduction to the Case The Allahabad High Court has recently delivered a landmark judgment clarifying the rights of women to claim maintenance under Section 125 of the Criminal Procedure Code (CrPC), even when…
Housing Loan Interest Cannot Reduce Motor Accident Compensation: Bombay High Court
The Bombay High Court recently delivered an important judgment concerning the calculation of compensation under the Motor Vehicles Act. The Court held that the interest paid on a housing loan cannot be deducted from the income of a deceased person while determining the amount of compensation payable to the dependents…
'Marriage Was Mere Deadwood', Grants Divorce After Nearly 20 Years of Separation: Calcutta High Court
The Calcutta High Court has granted a decree of divorce to a husband whose marriage had remained practically non-existent for nearly two decades. The Court held that when a marriage becomes irretrievably broken, it can amount to cruelty under the Hindu Marriage Act. This case, titled Sri Sanjib Tarafdar v. Smt.…
