Income Tax Act | Draft Assessment Order Not Permissible U/S 144C(1) When TPO Makes No Variation: Bombay High Court

The Bombay High Court has held that a draft assessment order is not permissible under section 144C(1) of the Income Tax Act when the TPO (transfer pricing officer) makes no variation. Section 144C(1) of the Income Tax Act, 1961, provides that the Assessing Officer should forward a draft of the proposed assessment order to the eligible assessee if any variation of the income or...

Concluded Land Acquisition Proceedings Upheld By SC Cannot Be Revived Or Nullified U/S 24(2) Of Land Acquisition Act: Allahabad HC

The Allahabad High Court has held that land acquisition proceedings which have already been concluded and have been upheld by the Supreme Court are not revived by Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.While dealing with an acquisition of 1990 which had been upheld by the Apex Court in 2013, the bench...

Petrol Pump Toilets On National Highways To Be Open During Working Hours, Not 24X7: Kerala High Court Modifies Single Judge Order

The Kerala High Court on Thursday (September 18) modified a Single judge's interim order mandating all petroleum retail outlets located along National Highways in the state to keep their washrooms open to the public 24/7.The Division Bench comprising Justice Amit Rawal and Justice P.V. Balakrishnan modified the first two directions passed by the Single Judge to the extent that it mandated...

Kerala High Court Seeks Centre's Response On Plea Against Arundhati Roy's Book Showing Her Smoking Without Health Warning

The Kerala High Court has called for Centre's response on a petition filed challenging Arundhati Roy's book "Mother Mary Comes To Me", the cover of which shows her smoking a Bidi without any statutory health warning.The Petitioner, an advocate, seeks stay on the book's sale without the statutory label.When the matter came before the division bench comprising Chief Justice Nitin Jamdar and...

'Limitation Is Statue Of Peace & Repose': Rajasthan High Court Quashes Order Allowing Time Barred Appeal Against 44-Yr-Old Decree

The Rajasthan High Court has set aside the orders passed by the Revenue Appellate Authority ("RAA") and the Board of Revenue, in which a time barred appeal, filed after 44 years of decree, was allowed without any application for condonation of delay or any reasons justifying such delay.The bench of Justice Anoop Kumar Dhand held that law of limitation was founded on public policy which...

NH-544 Traffic Snarl: Kerala High Court To Reconsider Toll Suspension As Interim Panel Finds NHAI's Repair Works Satisfactory

The Kerala High Court today orally observed that it will consider lifting suspension of toll collection at Paliyekkara Toll Plaza (Thrissur district) on NH-544 highway, in light of the repair works carried out by the National Highway Authority of India.More than a month has lapsed since toll collection was suspended by the High Court, following a 12-hour blockade purportedly due to...

Mere Usage Of Term “High Speed” By Witness Is Insufficient To Establish Rash Or Negligent Driving: HP High Court

The Himachal Pradesh High Court has held that a mere statement by a witness that the accused was driving the vehicle at 'high speed' is not sufficient to establish negligence.Justice Rakesh Kainthla held that: "Thus, the accused cannot be held liable based on the statement of a witness that he was driving the vehicle at a high speed, and the prosecution has to establish specific negligence of...

'Stranger' Not Entitled To Certified Copies Of Criminal Records, Court Should Call For Objections From Affected Persons: Kerala High Court

The Kerala High Court has ruled that third parties cannot claim an automatic right to certified copies of documents filed in criminal proceedings, particularly in cases investigated by the Serious Fraud Investigation Office (SFIO).Justice V.G. Arun delivered the judgment while deciding three connected criminal miscellaneous cases concerning the SFIO probe into Cochin Minerals and Rutile...

Gauhati High Court Directs Free Education For Students Who Were Not Allowed To Attend Classes Over Inability To Pay For Books, Uniform

The Gauhati High Court recently directed a school to provide the free education to two students belonging to EWS category, including free books and uniforms etc. as per Section 12 of the Right of Children to Free and Compulsory Education Act read with relevant rules. The court was hearing a plea by two students seeking a direction to the respondent school to provide free education to...

Six Additional Judges Of Bombay High Court Made Permanent

Six Additional Judges of the Bombay High Court on Thursday (September 18) were sworn-in as Permanent Judges after the Central Government approved their appointments last week. Justices Sanjay Deshmukh, Vrushali Jadhav, Abhay Mantri, Shyam Chandak, Neeraj Dhote and Somasekhar Sundaresan were administered oath of the office. Presently, Justices Chandak and Sundaresan are sitting at the...

Remarks In Govt File Are Internal Correspondence Between Officials, Has No Legal Sanctity To Absolve Employee's Suspension: Rajasthan High Court

The Rajasthan High Court held that observations/remarks in files by government officials while dealing with matters were merely internal correspondence between them, carrying no legal sanctity.Justice Anoop Kumar Dhand was hearing a petition filed against the order of suspension against the petitioner, presently serving as Pradhan, under Section 38 of the Rajasthan Panchayati Raj Act....

Delhi High Court Allows Woman To Terminate 22-Week Pregnancy Resulting From Sexual Relations Established On False Promise Of Marriage

The Delhi High Court has permitted a 30-year-old unmarried woman to undergo medical termination of her 22-week pregnancy which resulted from sexual relations established with a man on the false promise of marriageJustice Ravinder Dudeja noted that the pregnancy was unwanted, which had caused the woman "severe physical and mental trauma" and was also the subject matter of an FIR against the...