Current Trend in law

ORDER OF CHARGE

I N T HE decision of a Single Judge Bench criminal case – Achal Singh and 3 others, Justice Birendra Kumar has held at the Rajasthan High Court, Jodhpur, on November 12, 2024, that in the judgment of the case – Kola Ram & Another v. State of Rajasthan-(1999) Cr.L.R. (Raj.) 401 that framing of charge after giving opportunity of hearing is an independent judicial act, hence mere taking of cognizance does not make it obligatory to frame charge. In other words, correctness of order of charge can be looked ..

‘NO’ TO QUASHING FIR

In the facts and circumstances of this case, a strong action needs to be taken in order to maintain the faith of the litigant and the society at large. Provisions provide for a mechanism of dealing with cases of professional misconduct on the part of advocates. It also provides for an opportunity of hearing to both the sides to arrive at a conclusion, either way ..

Grounds For Parole

JUSTICES Bharati Dangre and Manjusha Deshpande have at the principal seat of the Bombay High Court in Mumbai, in the criminal case – Balaji Abhaji Puyad v. The State of Maharashtra and others, allowed the writ petition of the convicted prisoner Balaji on October 25, 2024, for being released on parole, in the wake of illness of his wife with direction to the Superintendent, Nashik Road Central Prison to release him after ascertaining genuineness of the cause cited by the petitioner and if that is ..

Deemed Registration

THROUGH the judgement of the Income Tax Appeal in the case-The Commissioner of Income Tax-IV, Pune v. Dr Kasliwal Medical Care & Research Foundation, Solapur, delivered on October 21, 2024, Justice G S Kulkarni and Justice Firdosh P Pooniwalla, at the Bombay High Court, have held that the clear position in law is, as has been decided by the Supreme Court in its decision of the case – Harshit Foundation Sehmalpur v. Commissioner of Income Tax-(2022)139 taxmann.com 55(All), that section 12AA(2) of the ..

Anonymous Donations

IN THE appeals by the Commissioner of Income Tax (Exemptions), Mumbai against Shree Sai Baba Sansthan Trust, Shirdi, decided on October 8, 2024, Justice G S Kulkarni and Justice Somasekhar Sundresan, at the Bombay High Court in Mumbai , have held that the HC is of the clear opinion that that the assessee Trust certainly is a religious and charitable trust, hence the assessee has rightly and legitimately claimed an entitlement under sub-section 2(b) of Section 115 BBC of the Income Tax Act, 1961. Such ..

Order To Close Liquor Shops

IN THREE writ petitions, not registered yet and having only Stamp Nos.-Harpritsingh Bhupindersingh Hora, Vijay Shankarlal Lalwani, Sacin Suryakant Belagade and Sanjay Marutrao Ingawale, a Full Bench of the Bombay High Court, consisting of Justices Atul Chandurkar, Gauri Godse and Rajesh S Patil, has answered on September 30, 2024, a question referred to it, regarding the interpretation of section 142(1) of the Maharashtra Prohibition Act, 1949. The order of reference containing the question formulated ..

Chanting Bharat Mata Ki Jai

IN A quite recent judgement of the case – Sri Suresha and 4 other residents of Mangaluru v. State of Karnataka and Another, delivered on September 20, 2024, Justice M. Nagaprasanna, at the High Court of Karnataka at Bengaluru has declared in very clear terms that sloganeering “Bharat Mata ki Jai” would only lead to harmony and never a discord. The petitioners challenged registration of a crime in case No. 81 of 2024 at Konaje police station of Mangalorecity in D K District for offences punishable ..

Effective Justice System

IN THE judgement of the case – Bhagwan Singh v. State of Uttar Pradesh & Others, delivered on September 20, 2024, Justice Bela M Trivedi and Justice Chandra Sharma, at the Supreme Court had occasion to deal with “certain sinister cabal of unscrupulous litigants and a coterie of their counsellors, who are always busy in taking undue advantage of the systemic lacunae and in misusing the process of law, in turn damaging the image of the Courts as also of the entire legal fraternity/legal profession.” ..

Bouncing Of Cheque

IN THE Judgement of the case –Geeta Devi v. UCO Bank, delivered on September 4, 2024 Justice Rakesh Kainthla has held at the Himachal Pradesh High Court that, in the case of bouncing of cheque the complaint in the case cannot be quashed on the grounds that the cheque was issued without consideration and conditions for its presentation were not satisfied. It was submitted that the accused had deposited the amounts which were not endorsed by the Bank. The notice to the accused is bad as it was issued ..

ABSENCE FROM DUTY

THROUGH the judgement of the case – The Deputy Commissioner of Police Wireless Division, Mumbai v. Shri Sanjay Govind Parab, delivered on September 6, 2024, Justice Atul S. Chandurkar and Justice Rajesh S. Patil, at the Bombay High Court have held that the Maharashtra Administrative Tribunal has committed a grave error in holding the respondent –employee Police Head Constable Sanjay Govind Parab entitled to pay and allowances for the period of his unauthorised absence by treating his order of transfer, ..

TRANSFERRING PROBE

By ADV. R. S. AGRAWAL :HC has pointed out that the circumstances in the case have persuaded the Court to exercise inherent powers to bring the credibility and confidence in the investigating agency for reaching to the truth ultimately and to guard t..