High Courts Archives | Page 34 of 591

Telecommunication towers not ‘immovable property’ under Section 17(5)(d) of CGST Act; Delhi High Court quashes ₹5454 crore GST demand

The expression “plant and machinery” has been defined by the Explanation appearing in Section 17(5) of CGST Act to mean apparatus, equipment and machinery fixed to earth by foundation or structural support. However, it specifically excludes telecommunication towers from the ambit of the expression “plant and machinery”.

Case Briefs High Courts

Delhi High Court grants ex-parte ad-interim injunction in favour of Mankind Pharma Ltd. to restrain infringement of trade mark

It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.

Case Briefs High Courts

Meghalaya HC directs State to acquire and hand over land to AAI for Shillong Airport expansion within 3 months

“The development of Shillong Airport is key to advancement of State in all respects.”

Case Briefs High Courts

‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case

“It is a well-accepted principle that bail is the rule and jail is the exception.”

Case Briefs High Courts

Kerala High Court holds Charitable Society Members running Nazareth Pharmacy College to be ‘public servants’ under Prevention of Corruption Act, 1988

“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”

Case Briefs High Courts

Kerala HC expands Nodal Officer’s jurisdiction to receive & forward complaints of Malayalam film industry victims not presented before Justice Hema Committee

A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.

Case Briefs High Courts

‘Period of sentence undergone ‘substantial’; Delhi High Court suspends sentence of POCSO accused

The accused was directed to be released on suspension of sentence after considering that the sentence awarded was for 3 years and he had already served 2/3rd of the same.

Case Briefs High Courts

Kerala HC rejects appeal for Late CPI(M) leader M.M. Lawrence’s religious burial; Upholds body donation to medical college

“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”

Case Briefs High Courts

Madras High Court refuses to quash abetment case against Hostel warden in Thanjavur Schoolgirl Suicide case

Madras High Court highlighted that the truth of the dying Declaration cannot be tested by this court while exercising the jurisdiction under Section 482 CrPC

Case Briefs High Courts

MP High Court allows Medical Termination of Pregnancy due to Matrimonial Dispute & Domestic Violence allegation

“…it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child.”

Case Briefs High Courts

MP High Court directs NGT to scrutinise compensation claims in Firecracker Factory Explosion case

When the NGT passed the impugned order, the injured persons were not identified, nature of injuries was not determined and damage to houses and displacement of persons was also not identified or determined.

Case Briefs High Courts

Kerala HC quashes defamation proceedings against Ex-MP Sebastian Paul for comparing lawyers to street dogs

The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.

Case Briefs High Courts

“Merely passing lengthy orders, only to fill up the pages, will not mean an order on application of mind”: Karnataka High Court

“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”

Case Briefs High Courts

MP High Court takes Suo Moto action on compliance, awareness and monitoring of POCSO Act provisions

“In most of the cases, we found that the age of the victim/child/girl is between 16 to 18 years and the age of the offender is 19 to 22 years. In our opinion, this is a serious issue and threat to the future of the youth of the country.”

Case Briefs High Courts

Gujarat HC comes to rescue of candidate who was denied selection for constable due to tattoo removal scar

The candidate had removed his tattoo before the recruitment process, hence, the Court stated- “Whether the scar would last on the body or not is something which would not be under the control of the petitioner [candidate].”

Case Briefs High Courts

[FEMA] Delhi High Court quashes ED’s NOC rejection for Times Internet Limited and Bennett Coleman overseas investments

The impugned communications do not disclose any substantive reason for rejecting the NOC. A rejection of such import, devoid of any rationale or justification, is arbitrary and falls afoul of the principles of natural justice.

Case Briefs High Courts

Delhi High Court grants interim protection to Moti Mahal; temporarily restrains its ex-franchisee from using Moti Mahal’s registered trade marks

Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.

Case Briefs High Courts

‘No law prevents them to lead a life of their own choice’; Bombay HC permits live in relationship of two adults belonging to different religions

The girl’s freedom was secured by directing her release from the custody of Shaskriya Stree Bhishekari Khikar Kendra but the relief of providing police protection was declined by the Court.

Case Briefs High Courts

‘Frivolous application filed for delaying disposal’: Kerala HC rejects actor Sunil’s plea to recall two expert witnesses for cross examination in 2017 actor assault case

“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”

Case Briefs High Courts

Delhi High Court quashes compulsory retirement of Class IV employee of Khalsa Girls School due to procedural lapses and violation of natural justice

Even though in a departmental inquiry, the standard of proof is preponderance of probability, the onus to establish the charges is on the department through the Presenting Officer and once the evidence is led, the IO is required to look into the evidence of the prosecution and the defence and come to a finding, after analysis and deliberations.