high courts

Many connected to judiciary in one way or other understand 'Uncle Judges' issue and it was laudably highlighted by the Apex Court of this Country. It is in fact a very serious problem, but, finding a solution is not easy. There is an urgent need to look at the functioning of 'Higher Judiciary' and the judges of Superior Courts. The reason is very simple. Despite all the criticism, people still repose faith in Superior Courts in this Country and I strongly believe that Su.. Full Article

Reduction of Government litigations – providing monetary limits for filing appeals by the Department before CESTAT and High Courts – Regarding F.No.390/Misc./163/2010-JC, New Delhi 20th October 2010 Ministry of Finance, Department of Revenue, Central Board of Excise & Customs INSTRUCTION The National Litigation Policy formulated by the Government of India aims to reduce Government litigation so that the [...] Full Article

No separate database regarding the outstanding demand against Multi-National Company (MNCs) as a separate category or class is maintained. However, the total outstanding demand against companies as on 1.4.2009 was Rs. 75,509 crore out of which Rs. 9748 core was recovered during F.Y. 2009-10. The balance demand includes demand locked-up in appeals before CITs (Appeal), ITATs, High Courts and Supreme Courts. Full Article

The Union governments move to suspend Accounting Standards 11, allowing companies to show foreign currency liabilities as assets, has come under the Bombay high courts scanner. The petition filed by an organisation of city-based legal experts, Just Society, has claimed that this permits firms that might otherwise be sick to paint a rosy picture . Full Article

School kids who resent being penalised for being late or for falling asleep in class can take heart. Hopefully, from the next year, even judges of Supreme Court and High Courts will be in serious trouble if they come late to court or cannot resist dozing off during arguments. Indeed, they can face inquiry and risk incurring punishment stretching from censure to removal. Full Article

Chief Justice of India K G Balakrishnan’s recent request to Prime Minister Manmohan Singh to protect the judiciary from increasingly ‘‘intrusive’’ queries appears to have triggered an exercise to look for options to effect changes in the RTI Act. Following the CJI’s impassioned letter, which said questions asked by chronic litigants about the judiciary could erode its independence, the government has started looking into possible changesin the RTI Act, highly.. Full Article

Lack of a licence will debar a moneylender from using legal ways to secure repayment, said Justice P R Borkar of the Aurangabad bench of the high court last week. The Negotiable Instruments Acta law that bounced cheque victims use to recover their money makes it clear that the debt had to be legally enforceable. Full Article

“Mens Rea” literally means a guilty mind. It is a cardinal principle of English Common Law is that a persons cannot be convicted and punished in a proceeding of a criminal nature unless it can shown that he had a guilty mind. The principle is self explanatory. A person should be punished for deliberate defiance of law, rather than something which didn’t do intentionally or something which happened accidently etc. Nevertheless, the principle is most misunderstood. Full Article