In the recent case, the Hon’ble Orissa HC quashed an appeal by the assessee against the order passed by the Income Tax Appellant Tribunal (ITAI), Cuttack Bench for the Assessment Year (AY) 2010-11. The Court favored the Assessing Officer’s (AO) decision to partly allow the commission expenses and disallow a..
In the recent case, Veerendra vs State of Madhya Pradesh, the Hon’ble Supreme Court has remarked that lapse or omission to carry out DNA profiling, by itself, doesn’t decide the fate of the case. In the appeal filed before the Court, one of the contentions from the accused side was that no DNA test was conduct..
In Committee Of Management Anjuman Intezamia Masajid Varanasi vs Rakhi Singh and ors. the Hon’ble Apex Court has held that the order passed by the Civil Judge Senior Division at Varanasi where a shivalinga was claimed to have been found does not restrict the rights of the muslims to offer namaz and observe other religious practices. li st..
Kissing, Fondling Not Unnatural Offences: Bombay HC Grants Bail To POCSO Accused While granting bail to a man accused of sexually assaulting a 14 year old minor boy, the Bombay HC observed that kissing on the lips and fondling are not unnatural offences and therefore, will not attract the rigours of section 377 of IPC..
Dying Declaration Of Wife Can Be Used To Prove Husband’s Cruelty Even If He Is Not Convicted Of Her Death: SC In Surendran vs State of Kerala the Hon’ble Apex Court has held that evidence of a deceased wife under section 32 of the Indian Evidence Act with respect to cruelty can be admissible in a trial for..
The Hon’ble Rajasthan in a recent case, State Of Rajasthan & Anr. v. M/s. Godhara Construction Company has observed that the provisions of Section 5 of the Indian Limitation Act do not apply to the proceedings contained under Section 34 of the Arbitration and Conciliation Act, 1996. The Court remarked that the applica..
In the recent case, R Barathbaran (died) and others v. R. Nallathambi, the Hon'ble Madras HC has observed that it is not mandatory to have both signature as well as a thumbprint under the Negotiable Instrument Act, 1881 to determine the validity of a pro note. The Court noted that it was not right to raise suspicio..
In the case, Bhaskar Banerjee v Central Bureau of Investigation and ors, the Hon’ble Calcutta HC quashed criminal proceedings against a lawyer for allegedly furnishing false and improper legal advice regarding approval of a bank loan to a company that was then declared a Non-Performing Asset (NPA). ..
The Karnataka HC in a recent case, Rashmi Tandon & ors v. The State Of Karnataka, held that petition under Section 420 of the Indian Penal Code would be maintainable, during the pendency of a case under section 138 of the Negotiable Instruments Act. The petitioner in the instant case challenged the proceeding..
While granting bail to a man accused of sexually assaulting a 14 year old minor boy, the Bombay HC observed that kissing on the lips and fondling are not unnatural offences and therefore, will not attract the rigours of section 377 of IPC. Justice Anuja Prabhudesai, in her four page order, observed that the statement o..
Key Takeaways Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 consists of 6 Chapters and 26 Sections. Chapter IV A and Sections 14A, 15A, and 18A have been added through Amendments. Section 3 is one of the most important sections of the SC ST Act as it..
In Surendran vs State of Kerala the Hon’ble Apex Court has held that evidence of a deceased wife under section 32 of the Indian Evidence Act with respect to cruelty can be admissible in a trial for a charge under section 498A of IPC. In the instant case, the appellant married the deceased on 9-4-1995. It was alle..
In the recent case, Amal Das v The State Of Assam, the Hon’ble Gauhati HC denied anticipatory bail in the case registered under section 21 (c) /29 of NDPS Act, 1985. The Court also averred the urgent need to curb the menace of drugs and their ill effects on society which has the propensity to destroy the generation as a whole. li st..
In the recent judgment, the Hon’ble Supreme Court set aside the proposed wildlife clearance for doubling the existing railway line from Castlerock (Karnataka) to Kulem (Goa) recommended by the Standing Committee of NBWL. The Ministry of Railways (RVNL), in T.N. Godavarman Thirumulpad v Union of India, had failed ..
Split Verdict On Marital Rape: Answer To This Burning Question Still Not In Sight The Delhi HC has delivered a split judgement regarding the criminalisation of marital rape. Justice Rajiv Shakdher ruled in favour of striking down Exception 2 to Section 376 IPC whereas Justice Hari Shankar observed that the striking do..