News Updates
Reassessment Notice Issued By The AO Merely On The Basis Of Change Of Opinion: Bombay High Court Quashes Order
The Bombay High Court has quashed the reassessment order on the grounds that the only reason for issuing the notice under Section 148 of the Income Tax Act appeared to be that the Assessing Officer had come to a different opinion on the question of valuation than the one adopted by the petitioner.The division bench of Justice Dheeraj Singh Thakur and Justice Valmiki SA Menezes has observed...
Employee Terminated Due To Criminal Prosecution Not Automatically Entitled To Back Wages Upon Acquittal In Appeal: Gujarat High Court Reiterates
The Gujarat High Court on Monday reiterated that an employee who was terminated from services on account of criminal prosecution, would not be able to claim back wages automatically on the ground that he was subsequently acquitted. The single judge bench of Justice Sandeep N. Bhatt observed:“In view of peculiar facts of the present case, it is well settled that grant of back wages is never...
GST Under Reverse Charge Mechanism Is Applicable On Services Of Renting Residential Premises as Guest House: AAR
The Odisha Authority of Advance Ruling has held that GST under the reverse charge mechanism is applicable to services by way of taking residential premises on rent for use as its guest house.The two-member bench of Gopal Krishna Pati and P.K. Mohanty has observed that the nature of rented properties clearly appeared to be residential properties used for commercial purposes.The applicant has...
Stage Of Defendant Producing Documents Under Order VIII Rule 1A(3) CPC Distinct From Tendering Additional Evidence Under Order XLI Rule 25: Sikkim High Court
The Sikkim High Court on Monday underlined the difference between Order VIII Rule 1 A (3) CPC which deals with timeline of filing written statement by the defendant and producing relevnant documents on record, and Order XLI Rule 25 CPC which paves way for a party to tender additional evidence before the trial court after new issues are framed by the appellate court.Justice Bhaskar Raj...
Delhi Riots: After Acquittal In Two FIRs, Court Convicts Accused Men On Basis Of Evidence Of Cop Who Earlier Cited Memory Loss
Months after acquitting various accused persons in two cases of 2020 North-East Delhi riots for lack of evidence as a head constable failed to identify them citing memory loss, a Delhi Court has convicted the accused in another case after the cop gave a detailed description regarding them being members of a mob.On Monday, Additional Sessions Judge Pulastya Pramachala convicted nine men...
Compulsory Risks In Insurance Automatically Transferred To Transferee Of Vehicle Even When Certificate Of Insurance Not Transferred: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that whoever may be the actual owner of the motor vehicle at the time of the accident, compulsory risks covered under the policy of insurance get automatically transferred to the transferee of a vehicle even though certificate of insurance has not been transferred in his favour.The observations were made by Justice Sanjay Dhar...
Kerala High Court Refuses To Defer Trial In Ranjith Sreenivasan Murder Case, Says Supplementary Chargesheet Against Conspirators Can Be Filed Later
The Kerala High Court recently refused to defer the trial of 15 persons who are accused of murdering BJP leader Ranjith Sreenivasan on account of political rivalry. The accused are said to be the Socialist Democratic Party of India/Popular Front of India (SDPI/PFI) workers.The accused persons allegedly had gathered in an unlawful assembly and committed Sreenivasan's murder with deadly...
Lok Adalats Have No Adjudicatory Power, Can Only Pass Award Based On Compromise Between Parties: Rajasthan High Court
The Rajasthan High Court has held that Lok Adalats have no adjudicatory power and can only make awards on the basis of a compromise between the parties.The Court, while allowing a writ Ppetition, quashed the Lok Adalat’s decision permitting Public Prosecutor to withdraw prosecution, and ordered for restoration of the criminal matter, granting the parties the liberty to proceed according to...
Dapoli Resort Case: Bombay High Court Asks ED To Not Take Coercive Steps Against Maharashtra's Former Cabinet Minister Anil Parab Till March 20
The Bombay High Court on Tuesday asked Enforcement Directorate not to take coercive steps against Shiv Sena (Uddhav B Thackeray) leader Anil Parab till Monday in the Dapoli Resort "money laundering" Case.A division bench of Justice Revati Mohite Dere and Justice Sharmila U Deshmukh was hearing Parab’s plea to quash the ECIR registered by the ED.The High Court passed the order after it...
Ankita Bhandari Murder Case : Supreme Court Seeks Status Report On Probe From Uttarakhand Govt
The Supreme Court on Monday asked the Uttarakhand government to file a status report on the investigation carried out in the murder of Ankita Bhandari, a 19-year-old woman receptionist in a resort, owned by the son of a now sacked BJP leader.A Bench of Justices KM Joseph and BV Nagarathna passed the order while hearing a plea filed by a journalist and family members of Bhandari seeking...
High Court Grants 8 Weeks To Delhi Govt For Construction Of Toilets For Transgender People
The Delhi High Court Tuesday directed the Delhi government to ensure that public toilets for transgender persons are constructed in the national capital within eight weeks, failing which it will direct personal appearance of top officials.Taking note of the status report filed by the Delhi government, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad...
Brahmapuram Site Fire Doused Completely, Kerala High Court Told; Court Appreciates Frontline Workers
The Kerala High Court on Tuesday recorded the submission of the District Collector, NSK Umesh and Secretary of the Cochin Municipal Corporation, Babu Abdul Khader, that 100% of the fire that broke out at the Brahmapuram waste dumping site had been contained and that there was no smouldering visible to the naked eye. The court appreciated the efforts of the frontline workers who worked day...