Gujarat High Court Upholds Order Sending Man To 30-Day Civil Imprisonment For Selling Shop Despite Status Quo

The Gujarat High Court has upheld a trial court order which sent a man stated to be suffering from a disability to 30-day civil imprisonment for selling a shop despite a status quo order against such sale.The high court rejected the contention of the petitioner's counsel that civil imprisonment imposed on the petitioner was wrong and that the court should have have weighed other options...

Remarks Made In Employee's ACR Creates Civil Rights, Adverse Remarks Must Be Reasoned: Punjab & Haryana High Court

The Punjab & Haryana High Court has said Annual Confidential Report (ACR) or Annual Performance Appraisal Report serves as a critical tool in evaluating the performance of employees, and since adverse remarks can deprive of promotion, it should be backed with reasons.Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "Remarks made in the annual performance appraisal report...

Chhattisgarh Liquor Scam | 'Grounds Of Arrest Not Supplied In Writing': Allahabad HC Declares Arrest Of Two Accused In UP FIR 'Illegal'

The Allahabad High Court last week declared the arrests of Anwar Dhebar, a businessman and brother of the former Raipur Mayor, and former IAS officer Anil Tuteja, both accused in a money laundering case linked to the alleged ₹2,000 crore Chhattisgarh liquor scam, as illegal.A bench of Justice Siddhartha Varma and Justice Madan Pal Singh granted them bail in the FIR lodged agains them...

Assessee Is Permitted To Rectify GSTR 3B On Par With Contents Of GSTR 1: Patna High Court

The Patna High Court stated that the assessee is permitted to rectify GSTR 3B on par with contents of GSTR 1. The Division Bench of Justices P.B. Bajanthri and S.B. PD. Singh observed that in the government, there is no system of rectification of any return once it is filed. However, the assessee had submitted application to rectify GST 3B on par with the GSTR 1 relating to certain...

Open Terrace/Portico Excluded While Computing Built-Up Area To Determine Eligibility For Deduction U/S 80-IB Of IT Act: Telangana High Court

The Telangana High Court stated that open terrace/portico excluded while computing build-up area for determining eligibility for deduction under section 80-IB of Income Tax Act. The Bench consists of Justices P. Sam Koshy and Narsing Rao Nandikonda was addressing the issue of whether the terrace / balcony that is in the form of open to sky or portico / porch area without walls...

S.161 CGST Act | Rectification Order Must Be Reasoned, Adverse Order Can Be Passed Only After Hearing Party: Delhi High Court

The Delhi High Court has made it clear that an order in rectification proceedings must be reasoned, passed after affording an opportunity of hearing to the party.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta made the observation while dealing with a petition against rejection of Petitioner's application seeking rectification of impugned demand orderPetitioner pointed...

Cannot Seek Quashing Merely Because Name Did Not Appear In Original Complaint: Karnataka High Court Declines To Quash Bank Fraud Case

The Karnataka High Court has refused to quash prosecution intiated against a person accused of defrauding a bank, saying he cannot seek quashing of the offence solely on the ground that his name did not appear in the original complaint.A single judge, Justice Mohammad Nawaz held thus while dismissing a petition filed by one Puneet H R who is accused for offences punishable under Sections...

CCS Pension Rules | Withdrawal Of Premature Retirement Notice Permissible Before Effective Date: Himachal Pradesh High Court

Himachal Pradesh High Court ruled that under Rule 43(6) of the Central Civil Services (Pension) Rules, 1972, an employee may withdraw a notice of premature retirement before it becomes effective, subject to the specific approval of the competent authority and upon giving valid reasons.“Rule 43(6) of the CCS (Pension) Rules, 1972, specifies that a government servant who has opted for...

Delhi High Court Grants Superlative Injunction For 'Real-Time Blocking' Of Websites, Apps Unauthorisedly Streaming IPL, Other Cricket Matches

In a first-of-its-kind order, the Delhi High Court has granted a limited-duration superlative injunction— an enhanced form of dynamic+ injunction— to tackle the unauthorised streaming of IPL, India's England Tour by rogue apps and websites.Justice Saurabh Banerjee restrained the defendants from infringing Star India's exclusive streaming rights and ordered real-time relief against...

Proper Verification Of Vote Counting Procedure Essential In Elections: Himachal Pradesh High Court

Himachal Pradesh High Court held that when questions arise regarding the proper conduct of vote counting procedures, it is essential to examine the relevant records to determine whether counting was conducted in accordance with the applicable rules.Justice Ajay Mohan Goel: “it would have been appropriate for the Authorised Officer to have had scrutinized the entire record to ascertain as...

Himachal Pradesh High Court: Magistrate Can Direct Further Investigation U/S Section 173(8) Crpc Even After Taking Cognizance

Himachal Pradesh High Court held that when the court finds that a proper investigation has not been conducted, the Magistrate can exercise the power under Section 173(8) of the CrPC suo motu to direct the police to conduct further investigation, even after taking cognizance of the case.Justice Sushil Kukreja: “Even after taking cognizance, power under Section 173 (8) Cr. P. C. can be...

'Will Give Wrong Message To Society': Kerala High Court Refuses To Stop Trial Against Man Who Allegedly Sent Death Threat To CM

The Kerala High Court recently refused to stop trial court proceedings against a person who allegedly sent a message to the Additional Private Secretary to the Chief Minister (CM) Pinarayi Vijayan, that he would kill the new CM on the eve of the declaration of the election results, noting that it will send a wrong message to the society.The petitioner had allegedly sent the message “I will...