Dept Can't Justify Retention Of Refund Claim On Account Of Having Been Deposited Voluntarily By Taxpayer: Delhi HC

The Delhi High Court held that when the payment of refund was delayed, the assessee automatically becomes entitled to interest u/s 42 of the DVAT Act. After the assessee succeeds in vindicating its stand that its claim for refund was correct, it would follow that that the assessee would be refunded the amount claimed and interest would be payable, added the High Court. The High...

[NDPS Act] Person Cannot Be Prosecuted For Allegedly Smoking 'Beedi' Containing 'Ganja' Without Forensically Examining 'Beedi': Kerala High Court

The Kerala High Court has quashed the proceedings initiated against a man for allegedly smoking a beedi filled with ganja on finding that the beedi was not subjected to forensic examination.The proceedings were initiated against the man under Section 27 (b) of the NDPS Act. Section 27 (b) provides imprisonment for up to six months or ten thousand rupees fine or both for consuming narcotic...

Failed To Comply With S.23(4) Of MVAT Act Along With Non-Application Of Mind & Legal Malafide: Bombay HC Quashes Assessment, Imposes 50K Cost On Dept

While considering a case where the Commercial tax department has flagrantly breached the statutory provisions of Sec 23(4) of the MVAT Act, the Bombay High Court ruled that assessment order passed by Commissioner of Sales tax is vitiated by total non-application of mind. Since a strong prima facie case is made out about manipulating the date of passing the assessment order, the High...

Immature Approach By IO In Murder Probe By Not Sending Seized Material For Forensic Exam And Then Presuming Its Findings: Madhya Pradesh HC

While granting bail to man accused of murder due to lack of material–other than circumstantial evidence, connecting him to the alleged crime, the Indore bench of the Madhya Pradesh High Court expressed its discontent over the "immature approach" adopted by the Investigating Officer in the probe. A single judge bench of Justice Subodh Abhyankar in its order noted the State's submission that...

Sexual Harassment Case: Delhi High Court Issues Notice On Brij Bhushan Singh's Plea For Early Hearing In Case Against Framing Of Charges

The Delhi High Court on Friday issued notice on an application filed by BJP leader Brij Bhushan Sharan Singh seeking early hearing in his petition for quashing of the FIR, chargesheet as well as framing of charges against him in the sexual harassment case filed by women wrestlers.Justice Manoj Kumar Ohri issued notice on Singh's application and sought reply of the Delhi Police. The application...

J&K High Court Takes Suo Moto Cognizance Of Non-Recruitment To Gazetted Posts In Ladakh Over 5 Yrs, Issues Notice To UPSC, UT Admin

The Jammu and Kashmir and Ladakh High Court has taken suo moto cognizance of the non-recruitment for gazetted cadre posts in the Union Territory of Ladakh over the past five years.Responding to concerns raised through a letter circulating on social media, a bench comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta expressed alarm over the inaction, which left many educated youth...

Resolution Professional At S.94/95 Stage Cannot Decide On Maintainability Of Petition By Entering Into Merits: Karnataka High Court

The Karnataka High Court Bench of Justice N.V. Anjaria and K.V. Aravind, held that the role of the Registrar while registering the application under Section 95 of the Insolvency and Bankruptcy Code (IBC) is not adjudicatory in nature and this duty of the Registrar, NCLT was in no way adjudicatory trapping. Application of judicial mind towards merits has no place in discharge of...

Rajasthan HC Permits Accused To Virtually Join Trial From Jail, Notes Unnecessary Financial Burden On State Providing Security For His Travel

Rajasthan High Court has allowed an accused's plea for exemption from physical appearance before the trial court and permitted him to attend the proceedings, including recording of witness statements, through video conferencing, on the ground of the accused apprehending threat to security from the enemy gangs during travel.“…it is deemed appropriate that the petitioner's physical presence...

No Provision For Automatic Cancellation Of Driving School License On Holder's Death, State Should Allow Transfer To Successor: Rajasthan HC

Rajasthan High Court has ruled that automatic cancellation of the license for running a motor driving school (“license”) on the death of the licensee, in the absence of any statutory provision for the same, cannot be permitted.The bench of Justice Rekha Borana therefore quashed an order to this effect and directed the Transport Department to assess the eligibility of the deceased's...

Delhi High Court Allows Review Petition, Recalls Direction To Respondents To Appoint Petitioner Due To Low Merit

A division bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur has allowed a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate(writ petitioner). Review was sought on the ground that the candidate had not made his place in the merit list, however, the Single Judge had directed...

Gujarat High Court Launches Free Of Cost And Cashless Medical Facility For Judges, Staff And Their Family Members

The Gujarat High Court has taken a step in ensuring the well-being of its workforce by introducing free and cashless medical facilities for its judges, judicial officers, staff employees working in the high court and their dependent family members. This initiative, launched under the guidance of Chief Justice Sunita Agarwal and the Judges of the High Court Medical Facility Committee, aims...

Gujarat High Court Seeks Collector's Report On 'Hard Reality' Of Rural Health Facilities After Pregnant Woman Dies On Way To Ambulance

While hearing a suo motu plea on an incident where a pregnant villager who, after being "carried on a cloth stretcher" as there was no road, died on her way to the ambulance pickup point, the Gujarat High Court on Thursday called for a report from the concerned Collector indicating the"hard reality" of the situation and a plan for meeting out such medical emergencies. A division bench of...