[Finance Act] Retrospective Abolition Of ITSC Doesn't Nullify Settlement Applications Filed Between Feb 1 To Mar 31, 2021: Delhi High Court

The Delhi High Court has held that the Finance Act 2021, which retrospectively abolished the Income Tax Settlement Commission (ITSC), responsible for enabling compromise between the state and its tax payers, cannot create a void.For context, the Finance Act 2021 envisaged replacing the ITSC with a body known as the Interim Board of Settlements from 01.02.2021. However, the Act came into force...

State Responsible To Set Up Trauma Centre, Art Institution For Pilgrims Welfare; Nathdwara Temple Board Can Only Help: Rajasthan High Court

Rajashtan High Court modified its order dated October 3, 2017, to the extent of shifting the responsibility of developing a Trauma Centre and National Level Institution to promote Indian Art, at Nathdwara, Rajasthan, from the Nathdwara Temple Board to State Government/functionaries, clarifying that the Board shall provide all assistance for the purpose.The matter related to a writ petition...

Poor Assistance By Advocates Hinders SC's Direction For Disposal Of Bail Pleas In 2 Months : Allahabad High Court

The Allahabad High Court has strongly criticized the "poor quality of assistance" being rendered by several advocates to courts already burdened with heavy dockets, calling it a "very sad state of affairs”" A bench of Justice Subhash Vidyarthi observed that such conduct of the lawyers becomes "a hurdle in speedy dispensation of justice" and thwarts the Supreme Court's recent...

Mere Payment Of Rent By Partnership Firm Does Not Confer Tenancy Rights: HP High Court

The Himachal Pradesh High Court has held that when the tenancy is in the name of an individual, mere payment of rent by a partnership firm does not confer tenancy rights in its favour unless there is a valid tenancy in the name of the firm.Justice Ajay Mohan Goel remarked that: “Maybe even if some payments were made by some partnership firm, this does not mean that the said partnership...

Non-Use Of Mandatory Portal Can't Be Ground To Reject Appointment When Portal Was Non-Functional: Bombay HC

A Division bench of the Bombay High Court comprising Justice M. S. Karnik and Justice Sharmila U. Deshmukh held that rejection of a teacher's appointment approval was unsustainable because the mandatory 'Pavitra Portal' was non-functional at the time of recruitment, and the Education Officer failed to respond to the school's prior communications. Background Facts A vacancy...

Any Person In Control Of Company Is Liable To Face Penal Measures If Account Is Declared Fraud: Bombay High Court In Ambani's Case

While dismissing the plea filed by industrialist Anil Ambani, the Bombay High Court held that whenever a company's account is classified as "fraud" its Promoters, Directors or anyone having control over the said company, automatically become liable to penal actions as mandated under the Reserve Bank of India (RBI) Master Directions, 2024.Notably, Ambani and his company Reliance...

LIC's Cancer Cover Valid Only If 'First Diagnosis' Occurs After Waiting Period, Not Expert Confirmation: Kerala High Court

The Kerala High Court allowed Life Insurance Corporation's appeal against direction to pay insurance coverage claim of a cancer patient, holding that LIC's coverage for cancer care would apply only if the first diagnosis–which does not include confirmation by expert, occurred after waiting period of 180 days. The claimant, an LIC policy holder, had renewed her cancer cover on 16.03.2021. As...

Prolonged Disciplinary Proceedings Without Just Cause Amounts To Punishment, Delay Causes Mental Agony For Employee: P&H High Court

The Punjab & Haryana High Court said that every delinquent employee has a legitimate right to have such proceedings concluded expeditiously. The Court noted that undue and unexplained delays cause mental agony, financial hardship, and social stigma, amounting to punishment even before any guilt is established.Justice Harpreet Singh Brar said, "Every delinquent employee has a legitimate...

How Can You Demand Fee For Transferring Lawyer's Enrolment When Advocates Act Bars It? MP High Court To State Bar Council

The Madhya Pradesh High Court on Tuesday (October 7) orally questioned the State Bar Council for demanding fee from an advocate for transferring his enrolment to the state when the Advocates Act bars such fee demand. For context, Section 18(1) of the Act states that a person whose name is entered as an advocate on the roll of any State Bar Council may make an application in the prescribed form...

Gujarat High Court Slams Vadodara Municipal Corporation's "Attitude", Refuses To Condone Delay In Filing Arbitration Appeal

The Gujarat High Court on Tuesday (October 7) dismissed a Section 37 appeal under Arbitration and Conciliation Act filed by Vadodara Municipal Corporation concerning a construction contract dispute, noting that sufficient explanation for condoning delay of 137 days in filing appeal was not given. During the hearing, the court, on being informed that the appeal could not be filed because the...

“What Evidence You Have? No Information Even In Sealed Cover”: Kerala High Court Questions Customs' Seizure Of Dulquer Salmaan's Car

The Court noted that the actor was a subsequent purchaser of a vehicle registered in India and questioned the need for Customs seizure.

Execution Proceedings Need Not Be Initiated For Collector To Transfer Award Amount To Person Who Loses Land: Karnataka High Court

The Karnataka High Court has clarified that once an award under Section 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is passed, it is for the Collector to as expeditiously as possible, preferably within a period of 30 days to deposit the amount so awarded under a general award into the bank account of the land loser unless...