“Moreover, after the Supreme Court Collegium reiterated the proposal on 01 September 2021, it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government.” said the Collegium.
Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.
In a high profile case involving senior Congress leader and former Madhya Pradesh Chief Minister Kamal Nath, challenging the order of transfer of proceedings by Income Tax Department involving several transactions of large scale collection of illegal money, the Court opined that (i) there is no absolute right to be assessed in a particular territory and (ii) the inconvenience of assessee has to be balanced against department's right to carry its functions and scope of judicial review is limited.
Calcutta High Court based its ruling on the well settled principle of law that where oral evidence is convincing, reliable and trustworthy, the motive behind the occurrence loses its relevance.
The year 2022 saw a bustling activity in the Supreme Court vis-a-vis appointments and retirements. The Collegium headed by 3 CJIs this year, oversaw new elevations and recommendations. Whereas a significant number of Judges bid farewell to their Judgeship this year as well. Read this curated piece to know how 2022 affected the judicial strength of the Supreme Court.
Calcutta High Court | Krishna Rao, J., held that under Companies Act, 2013, Civil Courts have jurisdiction to enquire into
The High Court has also observed that the Service Tax Department cannot invoke the extended period on the sole ground of omission as the same can be invoked only when that there is a deliberate intention to evade payment of tax.
The PIL had alleged that the talk show “Koffee with Karan”, hosted by Karan Johar, was promoting racism, sexuality and obscenity through words or visible representation.
Former Chief Justice of the Bombay High Court, Justice Dipankar Datta, was sworn in as a Supreme Court Judge. His appointment now raises the judicial strength of the Supreme Court to 28 out of total strength of 34 judges
Calcutta High Court | While dismissing a writ petition challenging the capacity of Registrar of Companies (ROC) to initiate multiple/
The Court held that application filed by minor under Section 12 of Domestic Violence Act cannot be dismissed on the grounds of maintainability especially when she had attained majority before the date of final order.
“State Government shall ensure that communal harmony in the area is restored and all ameliorative measures are undertaken to instill feelings of harmony and fraternity amongst all sections of society. Local communities shall cooperate with the government and the law enforcement agencies in that regard. It is also necessary that the victims of crime are promptly and adequately compensated for the loss suffered.”
Supreme Court: In a special leave petition arising out of a judgment of the division bench of the Calcutta High
“We hope and trust that the festival of lights does not become a cause for concern where the demon of pollution poisons our air and leads to irreparable damage to the health of the population at large.”
Calcutta High Court | While deciding an intra-court appeal wherein it was alleged that three wings of the same department
Supreme Court: In an appeal against a judgment passed by the Calcutta High Court dismissing the Criminal Revision Application filed
“The legal liability to pay maintenance to parents under Section 125 of the Criminal Procedure Code, 1973, arises out of the moral obligation of children. It is in recognition of reciprocal obligation of the children towards their parents, who have made immense sacrifices for their betterment and raised them with unconditional love and affection.”
Calcutta High Court | While awarding the injunction, Sabyasachi Bhattacharyya, J. restrained the Enforcement Directorate from giving effect to the impugned order
“The trademark “AMUL” symbolizes a movement among Indian Rural Community towards prosperity and Indian public perceives the trademark “AMUL” having association of connection with the plaintiffs and no other. It is a combination of all the foregoing factors that had culminated into the trademark “AMUL” being recognized as well-known trademark and, therefore, deserves a broader scope of protection against unauthorized use on non-competing goods or services.”
“…with globalization and with all modern technology we find drastic change in socio economic conditions and Indian values being eroded with adoption of the western culture and western tradition.”