Short Tax | Timeline For Issuing Show Cause Notice U/S 73(2) Is Mandatory, Not Discretionary: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that the time permit set out under 73(2) of the AP GST Act for issuance of show cause notice in relation to alleged short payment of tax, etc. is mandatory in nature.A division bench of Justices R Raghunandan Rao and Harinath N. added that any violation of that time period cannot be condoned and would render the show cause notice otiose.It observed,...

Article 227 Of The Constitution Cannot Be Used As An Appellate Or Revisional Power: Kerala High Court

The Kerala High Court, while dismissing a petition, observed that its supervisory jurisdiction, as provided under Article 227 of the Constitution, cannot be used as an appellate or revisional power. Such power must be exercised sparingly and in cases of apparent error or grave injustice.“The power under Article 227 of the Constitution would be restricted to interference in cases of...

"Reviving Khalistani Moment Threat To Sovereignty": Punjab & Haryana HC Denies Bail To Man Accused Of Circulating 'Inflammatory Videos' On Social Media

The Punjab & Haryana High Court refused to grant bail to a man accused of writing provocative slogans supporting the Khalistani movement on walls and circulating inflammatory videos on social media.Justice Manjari Nehru Kaul said, "Prima facie the allegations against the petitioner are not only serious but strike at the core of national integrity and public security. The petitioner is...

Police Can't Threaten Persons To Settle Disputes: Gujarat HC Says Orally; Flags Unwarranted Indulgence In Property, Money Recovery Matters

While hearing a plea for quashing a cheating FIR where the petitioners alleged that Police was asking them to "settle", the Gujarat High Court on Monday (February 10) orally remarked that these kind of cases were "repeatedly" coming before it where the police seemed to be "more vigilant" in matters concerning property disputes or recovery of money.In doing so the court, which although was...

Ought To Have Ensured Timely Filing Of Petition: Telangana HC Declines To Condone Over 5-Yr Delay By Judicial Officer In Challenging Dismissal

The Telangana High Court has dismissed a writ petition filed by a judicial officer (Junior Civil Judge) challenging her dismissal order that was issued in 2019. The petitioner had approached the court contending that although her dismissal order was passed in 2019, she could not approach the court at an earlier date due to her non-cooperative counsel. She also contended that...

How Are Individuals Being Declared 'Bhu Mafia' Sans Any Law Authorizing Such Action? Allahabad HC Asks UP Govt

In a significant order, the Allahabad High Court has directed the State government to justify declaring an individual as a 'Bhu Mafia' (land grabber) without there being any law authorizing such action. A bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh passed this order as it prima facie opined that the declaration of a person as a land grabber is likely to infringe...

Delhi High Court Quashes LOC Against Two Individuals Issued Over 2021 Toolkit Case

The Delhi High Court has quashed a look out circular issued against two individuals over the toolkit case registered by the Delhi Police in relation to the 2021 farmers' protest.Justice Sanjeev Narula quashed the LOC against Thilakasri Krupanand and Shantunu Muluk, noting that the investigation has been ongoing for nearly four years and yet no chargesheet was filed against them. “There is...

Corporation Is An Independent Entity, Internal Service Rules Will Prevail Over Govt Office Memoranda: J&K High Court

The Jammu and Kashmir High Court dismissed the writ Petition holding that Government office Memoranda will not prevail over the internal service rules relating to promotion unless these rules are specifically challenged before the court. It was held that an employee facing criminal charges would be barred from being considered for promotion until completely exonerated as per the said...

Trial Courts Must Dispatch All Physical Case Records Within 30 Days Of Receiving HC Communication: Calcutta High Court Frames Guidelines

The Calcutta High Court has laid down guidelines for trial courts to transmit case records after receiving orders from the High Court.A division bench of Justices Joymalya Bagchi and Subhendu Samanta stated that they had noticed a trend of trial courts delaying transmission of case records after receiving HC communication and that the same had led to a delay in the preparation of paper...

Govt Employee Not Disentitled From Claiming Compensation Due To Disablement: J&K High Court Upholds ₹10 Lakh Compensation For Man Who Lost Arm

The Jammu & Kashmir High Court has held that a government employee cannot be disentitled from his right to receive compensation accruing to him due to permanent disablement in the course of employment. It also held that pain, agony and the nature of disablement could be taken account of in order to determine the amount of the compensation falling due to the victim.The court observed that...

Close Proximity At Workplace Often Results In Sexual Relationships Which Get Reported As Crimes After Turning Sour: Delhi High Court

The Delhi High Court has said that close proximity at the workplace, many times, results in consensual sexual relationships which later get reported as crimes such as rape after they turn sour. “In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the...

S.107 CGST Act Prescribes Independent Regime Of Limitation For Filing Appeals, Application Of S.5 Limitation Act Stands Excluded: Delhi HC

The Delhi High Court has held that since Section 107 of the Central Goods and Services Tax Act, 2017 prescribes an “independent regime” to determine the limitation period for filing statutory appeals, the provision for condonation of delay under Section 5 of the Limitation Act stands excluded.A division bench of Justices Yashwant Varma and Dharmesh Sharma observed, “The facility to...