High Courts
Appeal Can't Be Dismissed Due To Procedural Delay When Assessee Has Complied With Statutory Requirements Including Pre-Deposit: Madras HC
The Madras High Court stated that appeal can't be dismissed due to procedural delay, when assessee has complied statutory requirements including pre-deposit. “The appeal should not be dismissed merely due to a procedural delay, especially when the petitioner has made an effort to comply with the statutory requirements, including the pre-deposit of 10% of the tax...
Punjab & Haryana High Court Monthly Digest: January 2025
Citations [2025 LiveLaw (PH) 01 - 2025 LiveLaw (PH) 44]XXX v. STATE OF HARYANA AND OTHERS 2025 LiveLaw (PH) 01ICICI BANK LTD. v. M/S ORIENT CLOTHING CO. PVT. LTD. AND OTHERS 2025 LiveLaw (PH) 02Kuldeep Kumar Sharma v. Randeep Rana 2025 LiveLaw (PH) 03Amit Katyal v. CBI 2025 LiveLaw (PH) 04Devender v. State of Haryana [along with connected matters] 2025 LiveLaw (PH) 05PARVEEN ALIAS DADA v....
RPwD Act | Hyper Rigid Approach While Dealing With Disabled Candidates Dilutes Purpose Of 'Reasonable Accommodation': Delhi High Court
While hearing a plea against a decision granting exemption to an orthopaedically disabled person from typewriting test after the results were declared, the Delhi High Court observed that the approach of a court while dealing with persons with disabilities must be "qualitatively different" from one adopted for able-bodied candidates. In doing so the high court said that a court must ensure...
Probation Of Offenders Act | Orissa HC Releases Man Accused Of Deceitfully Having Sex, Causing Miscarriage Of Minor In 1991
The Orissa High Court has upheld the order of conviction and sentence passed against a man, who was held guilty of having sex with a minor girl by deceitfully inducing her to believe that he was her lawfully married husband and thereafter, causing miscarriage by administering pills.The Single Bench of Justice Biraja Prasanna Satapathy, however, released him under the provisions of Probation...
Delhi High Court Issues Notice On Plea To Fill Vacancies In Special Juvenile Police Units
The Delhi High Court has issued notice on a plea for filling up of vacant posts in all Special Juvenile Police Units (SJPUs) in every district in consonance under Juvenile Justice (Care and Protection of Children) Act, 2015.A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela sought response of the Lieutenant Governor and Delhi Police and listed...
Haryana District Bar Resolves To Not Work On Saturdays, Punjab & Haryana HC Asks To Approach State Bar Council
The Punjab & Haryana High Court has asked the petitioners challenging the resolution passed by the General Body of the District Bar Association Hisar resolving that five days week be observed as working days and all Saturdays as no work day, to approach the Bar Council of Punjab & Haryana.Chief Justice Sheel Nagu and Justice Harmeet Singh Grewal said, "There is an inhouse remedy...
S.197 IT Act | AO Must Form Prima Facie Opinion Regarding Taxability In India Before Rejecting Assessee's Application For Nil TDS: Delhi HC
The Delhi High Court has made it clear that before rejecting an assessee's application under Section 197 of the Income Tax Act 1961 for nil TDS or deduction of tax at a lower rate, the assessing officer must form a prima facie opinion regarding the assessee's taxability in India.Section 197(1) of the Act enables an assessee to make an application for a certificate requiring the deduction of...
Karnataka High Court Defers Order On Plea To Stay Notification Appointing State CIC, Information Commissioners
The Karnataka High Court on Monday (February 24) deferred passing its order on an interim prayer seeking a stay on the operation of a January 30 State government notification appointing State Chief Information Commissioner and Information Commissioners, till March 5. Justice R Devdas while pronouncing the order said, "Consideration of prayer for grant of interim relief is put off till matter...
Delhi High Court Asks NIA Court To Expeditiously Decide MP Engineer Rashid's Bail Plea In UAPA Case
The Delhi High Court on Monday (February 24) asked a National Investigation Agency (NIA) Court to decide expeditiously the bail plea filed by Jammu and Kashmir MP Rashid Engineer in a terror funding case registered under UAPA."The ASJ-03, Patiala House Court is requested to dispose of the bail application of the petitioner expeditiously,” Justice Vikas Mahajan said. Rashid's counsel...
Kerala High Court Allows Institution Of Fresh Suit Over Litigant's Claim That Proper Relief Could Not Be Sought Due To Wrong Legal Advice
The Kerala High Court recently allowed a petitioner to withdraw a suit which was at the appellate stage upon seeing that proper reliefs were not incorporated in the original suit.The petitioner had filed a suit seeking a declaration of easement right of prescription over a property and for consequential injunction against the defendants. The trial court dismissed the suit saying that she...
'Exceptional Case': High Court Upholds Trial Court Order Recalling Pre-Arrest Bail Cancellation Despite Lack Of Inherent Power Of Review/ Recall
Calling it an "exceptional situation", the Punjab & Haryana High Court upheld a trial court order, recalling its bail cancellation order passed on the basis of false statement that the accused failed to join investigation as the particular day was a public holiday.Justice Manjari Nehru Kaul said, "This Court finds no illegality or perversity in the impugned order granting anticipatory bail...