'Basis For Acquittal Should Be Strictly Looked Into Before Rejection', Delhi High Court Grants Appointment To Candidate As SI

A Division Bench of the Delhi High Court comprising of Justices C Hari Shankar and Sudhir Kumar Jain set aside the Order of the Screening Committee cancelling the appointment of a candidate based on an FIR lodged against him. Despite acquittal, the Screening Committee had cancelled the Petitioner's appointment to the Post of SI. The Bench held that the Screening Committee ought to...

Karnataka High Court Stays Criminal Proceedings Against Man Booked For Printing 'Vote For Narendra Modi' Message On His Wedding Invite

The Karnataka High Court on Monday (November 11) stayed all further criminal proceedings initiated against a man booked for allegedly printing a message on his own wedding invite which read 'the gift that you would give me in the marriage is vote for Narendra Modi'.A single judge bench of Justice M Nagaprasanna passed the interim order on a petition filed by one Shivaprasad. Issuing notice to...

Hotel Replacing Damaged Furniture, Carpets Is Current Expenditure Allowable U/S 37 Income Tax Act: Telangana HC

The Telangana High Court has held that the expenditure incurred by a hotel on replacement of damaged items is a current expenditure, allowable under Section 37 of the Income Tax Act, 1961. Section 37 of Income Tax Act states that any business expenditure, excluding capital expenditure and the individual's personal expenses, that is spent for the business's operations shall be...

Dead Tiger: Chhattisgarh High Court Registers Suo-Moto Case Over Suspected Poaching In Guru Ghasidad National Park, Seeks Status Report From State

The Chhattisgarh High Court has registered a Suo-moto case based on a newspaper article revealing the death of a tiger suspected to have been killed by poaching. The article reported the discovery of a dead tiger in the unreserved Guru Ghasidas National Park, raising concerns about poaching. The bench comprising Chief Justice Ramesh Sinha and Justice Amitendra Kishore Prasad directed...

[Tamil Nadu General Sales Tax] Assessee Liable For Tax On Proceeds From Sale Of Unredeemed Articles By Auctioneers: Madras High Court

The Madras High Court stated that assessee is liable to tax on consideration received from sale of unredeemed articles by auctioneers. The Division Bench of Justices Anita Sumanth and G. Arul Murugan observed that “the levy of penalty under Section 12(3)(a), in the case of non-filing of returns, is, automatic. Admittedly, the assessee has not filed the returns and hence, the basis...

Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC

The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. A bench of Justice Salil Rai also opined that any decision by the employer denying appointment only because of such non-disclosure would also be contrary to the...

State Can Re-Advertise Temporary Teaching Posts with New Qualifications; Guest Lecturer Cannot Claim Re-Appointment: Chhattisgarh HC

Recently, the Chhattisgarh High Court refused to allow a guest lecturer to continue in the post, who protested against her replacement with a candidate with higher qualifications. The bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru observed that a guest lecturer appointed on a temporary basis cannot claim re-appointment from the next session as a matter of right,...

Amount Received In Advance For Services To Be Treated As Income Of Assessee, Chargeable Under Income Tax: Madras High Court

The Madras High Court ruled that any amount received in advance for services should be treated as the income of the assessee and is, therefore, subject to income tax. The Division Bench of Justices R. Suresh Kumar and C. Saravanan observed that “if “Accounting Standards” are properly applied by an assessee, the “accounting income” for the payment of income tax will...

Forfeiture Of Earnest Money Deposit Requires Proof Of Actual Loss: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta has upheld the Arbitral Award wherein the Tribunal had ordered a refund of Earnest Money Deposit (EMD) as the petitioner had failed to prove any actual loss. The court, in light of Sections 73 and 74 of the Indian Contract Act, observed that forfeiture of the EMD requires proof of actual loss. Brief Facts: The dispute arose in...

Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC

The Allahabad High Court recently observed that a review is permissible only when an error is apparent on the face of the record without requiring a long-drawn process of reasoning and reappraisal of the entire evidence to find the error, as doing so would amount to exercising appellate jurisdiction. Explaining the scope of Order 47 Rule 1 CPC, a bench of Justice Mahesh Chandra...

Calcutta High Court Declines To Hear Former RG Kar Principal Sandip Ghosh's Plea For Bail, Directs Him To Approach Trial Court

The Calcutta High Court has declined to hear a plea for bail moved by former principal of RG Kar Medical College and Hospital Sandip Ghosh, who has been arrested by the CBI in connection with alleged financial irregularities at the college, as well as the rape and murder of a trainee doctor on the college campus.A single bench of Justice Tirthankar Ghosh directed Ghosh to approach the trial...

Gujarat High Court Enlarges Man Booked In 2013 Sabarmati Prison Break Attempt Case On Regular Bail

The Gujarat High Court granted regular bail to Saquib Nisar Shaikh–booked in connection with the 2013 Sabarmati prison break attempt case by allegedly digging a tunnel, noting that the applicant had already been in jail for over a decade with no immediate prospect of completion of trial.The FIR was registered under IPC Sections 224 (intentionally escaping or attempting to escape from...