High Courts
TDS Default | Higher Compounding Fees On Second Plea Not Applicable If First Application Was Rejected: Delhi High Court
The Delhi High Court has held that the higher rate of 5% interest to be paid when an assessee moves second plea for compounding the offence of failure to pay Tax Deductible at Source (TDS), is not applicable if their first plea was simply rejected.A division bench of Justices V. Kameswar Rao and Vinod Kumar observed,“5% is only chargeable when the earlier offence has been compounded. This...
Bombay High Court Orders Man To Do Cleaning & Mopping At Mumbai's JJ Hospital For Filing Bogus FIR Against Zee TV Show
The Bombay High Court recently ordered a man to do cleaning and mopping work at the government-run JJ hospital after noting that he had filed a bogus complaint against Zee TV for its new show titled 'Tum Se Tum Tak' which revolves around the love story of a nearly 46-year-old man and a 19-year-old girl.A division bench of Justices Ravindra Ghuge and Gautam Ankhad was hearing a petition filed...
Passenger's Non-Appearance For Appraising Seized Goods Doesn't Stop Limitation For Issuing SCN: Delhi High Court Tells Customs
The Delhi High Court has made it clear that the Customs Department cannot exceed the limitation period prescribed for issuance of show cause notice after detention of goods, merely on the ground that the person from whom goods were seized did not appear for appraisement.A division bench of Justices Prathiba M. Singh and Shail Jain observed,“non-appearance for appraisement does not stop...
Whistleblowing Activities Don't Make Employee 'Immune' From Transfer: Delhi High Court
The Delhi High Court has held that an internal whistleblower in an organisation cannot forever immunize himself against transfer, by merely leveling allegations of vengeance against the officials.A division bench of Justices C. Hari Shankar and Om Prakash Shukla observed that accepting the contrary would,"[It cannot] amount to holding that, by leveling allegations against the officials of...
Retirement Age Of Cooperative Society Employees Can Be Increased Only Through Statutory Amendment, Not Departmental Proposals: J&K HC
A Division bench of the Jammu and Kashmir High Court comprising Justice Sindhu Sharma and Justice Shahzad Azeem held that retirement age of employees of Cooperative Societies remains 58 years as per SRO 233 of 1988, and it can only be altered through formal amendment of statutory rules, not by departmental recommendations, proposals, or draft amendments. Background Facts...
Arbitrator's Decision To Defer Compliance With Essential Pre-Condition In Agreement Amounted To Rewriting Contract, Vitiated It: Delhi HC
The Delhi High Court Bench of Justice Jasmeet Singh while allowing a petition under Section 34, Arbitration and Conciliation Act (“ACA”) observed that when the contract required the bidder to establish an office in India as a pre-requisite to performance, the decision by the Arbitrator holding that compliance could be deferred, amounted to rewriting the contract. Such a holding...
'Robe May Rest But Responsibilities Don't': Justice Shalinder Kaur Bids Farewell To Delhi High Court
Justice Shalinder Kaur bid farewell to the Delhi High Court on Wednesday, saying that the robe may rest but the responsibilities don't. “If I leave behind anything, I hope it is few words written compassion, a few orders passed with conviction and a career defined by hard work and integrity,” the judge said. Justice Kaur joined the Delhi Judicial Service in 1992 and was promoted to the...
'Creating Additional Tehsildar Office Does Not Tantamount To New Revenue Area Under Maharashtra Land Revenue Code': Bombay High Court
The Bombay High Court has held that the creation of an office of an Additional Tehsildar for administrative convenience does not amount to the creation or constitution of a new revenue area under Section 4 of the Maharashtra Land Revenue Code, 1966. The Court clarified that such appointments are permissible under Sections 7 and 13 of the Code and do not require compliance with...
Delhi High Court Grants Interim Relief To Castrol Over '3X Protection' Trademark On Engine Oil Packaging
The Delhi High Court has restrained one Sanjay Sonavane from issuing any groundless threats of Trademark/ Copyright infringement to Castrol Limited, which uses '3X Protection' mark on its engine oil packaging, over purported infringement of the former's 3P Marks.Justice Tejas Karia observed that Castrol has made out a prima facie case in its favour that the threats issued by the Defendants...
Assam Govt Defends Allotment Of 3000 Bighas Of Tribal Land To Private Company, Says It Was Done After Following Due Process
In relation to the Assam Government granting 3000 bighas of land to Mahabal Cements for mining in the Dima Hasao region, the Assam Government, on Wednesday, informed the Gauhati High Court that the process adopted for allotment of land was done by following due process of law and the aspect of clearance by the Ministry of Environment, Government of India would come at a later stage.Earlier,...
'Public Employment Opportunities Are Scarce, Recruitment Must Be Sacrosanct': P&H High Court Voids Appointment Based On Forged Docs
The Punjab and Haryana High Court has held that recruitment in public employment must remain sacrosanct, declaring that an appointment obtained on the basis of forged documents is “void ab initio”.10 years after being appointed as Assistant Lineman, the authorities found that documents submitted were forged.Justice Harpreet Singh Brar said, “Public employment opportunities are both rare...
Writ Court Is Empowered To Direct Article 12 Authority To Release Admitted Dues For Work Done To Satisfaction Of Authority: Calcutta High Court
The Calcutta High Court bench of Justice Aniruddha Roy has held that once a Work Order is issued and the work is completed to the satisfaction of an authority falling under Article 12 of the Constitution of India, it becomes mandatory for the authority to release the payment. Failing this, the Court, in exercise of its jurisdiction under Article 227 of the Constitution, can direct...