Karnataka High Court Permits Bangalore University To Conduct B.Com Examination As Per Original Scheduled From Jan 13

The Karnataka High Court, stayed the interim order passed by a Single judge bench, directing the Bangalore University to reschedule the B.Com examination of the first, third and fifth semesters that were scheduled to be held on 13.01.2025, 15.01.2025, 17.01.2025, 20.01.2025 and 21.01.2025. The single bench issued the direction in view of the schedule of the CA foundation examination and...

Date Of Receipt Of Corrected Award Would Be Taken As Disposal Date U/S 34(3) Of Arbitration Act, Even When Application U/S 33 Has Been Filed: Delhi HC

The Delhi High Court Bench of Justice Subramonium Prasad has held that taking the date of receipt of the corrected award as the starting point and not as the date of disposal would actually go contrary to the plain reading of Section 34(3) of the Act. This will apply even in cases where an application under Section 33 of the Act has been filed. Brief Facts: The parties entered into...

'Recovery Of Excess Amount From Retired Employee For Period More Than Five Years Before Order Of Recovery Is Impermissible', Patna High Court

A Division Bench of the Patna High Court comprising Justice Arvind Singh Chandel allowed a Petition challenging an Order of Recovery from a Retired Clerk who was paid an excess amount due to alleged wrong pay fixation. The Court reiterated that the recovery of excess amount paid by mistake is not permissible in cases where the recovery is made in case of employees belonging to...

Income Tax Act | Reassessment Notice To Merged Entity U/S 148A(d) Not Invalid Merely Because SCN Was Issued In Name Of Ceased Entity: Delhi HC

The Delhi High Court has made it clear that merely because notice under Section 148A(b) of the Income Tax Act, 1961 is issued in the name of an amalgamating company which had ceased to exist, subsequent notice issued under Section 148A(d) in the name of merged entity cannot be declared invalid. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Swarana Kanta...

AO Bound To Ascertain 'Correctness' Of Information Available Against Assessee, 'Decide' Whether It Is Sufficient To Reopen Assessment: Delhi HC

The Delhi High Court has turned down the contention that an Assessing Officer, at the stage of passing an order under Section 148A(d) of the Income Tax Act, 1961 for initiation of reassessment proceedings, is not required to form any opinion as to the genuineness or veracity of the information available against an assessee. A division bench of Acting Chief Justice Vibhu Bakhru...

Delay In Issuing Requisition U/S 132A Of Income Tax Act Due To Investigation By Department Can Be Condoned: Delhi HC

The Delhi High Court has held that the delay in issuing requisition under Section 132A of the Income Tax Act, 1961, can be condoned if the same is explained by the Authority concerned. The provision contemplates powers to requisition books of account, etc. It stipulates that where a search has already been conducted by any authority under any other law, the Income Tax authority...

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC

The Punjab & Haryana High Court has said that single judge passing order allowing to withdraw the contempt plea with liberty to revive it during the pendency of appeal is unnecessary intrusion into the appellate jurisdiction.While hearing a contempt plea the single judge had noted that "...counsel for the petitioner does not press the present petition at this stage with liberty to...

Illegal Termination Entitles Employee To Full Back Wages Unless Employer Proves Alternative Employment During Suspension: Kerala HC

Kerala High Court: A Division Bench of Justices Anil K. Narendran and Muralee Krishna S. dismissed an appeal by the Arpookara Service Co-operative Bank Ltd. The bench upheld an Arbitration Court's order to pay full back wages to a former employee. The court held that employers bear the burden of proving that the employee was gainfully employed during his suspension period. In the absence...

Delhi High Court Denies Bail To 'ISIS Associate' In UAPA Case, Says He Was Advocating 'Jihad' To Establish Caliphate

The Delhi High Court has recently denied bail to an alleged member of ISIS in a case registered by National Investigation Agency (NIA) accusing him of radicalising youths using cyber space.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma dismissed the plea moved by MD Heydaitullah, observing that the mandate of Section 43(D)(5) of UAPA was clearly applicable in...

Customs Dept Cannot Encash Bank Guarantee Furnished By Trader During Pendency Of Appeal If Pre-Deposit Is Made: Delhi HC Affirms

Based on a circular issued by the Finance Ministry, the Delhi High Court has affirmed that the Customs Department cannot encash the bank guarantee furnished by a trader, whose import/export transactions are in dispute, if the latter has made a pre-deposit with his appeal against the demand and penalty. A division bench of Justices Prathiba M. Singh and Dharmesh Sharma...

Karnataka High Court Half Yearly Digest [July 2024 To December 2024]

Citations: 2024 LiveLaw (Kar) 291 To 2024 LiveLaw (Kar) 532Nominal Index:ABC AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 291A Ramesh Babu & Others AND Dharani S. 2024 LiveLaw (Kar) 292Justice B Padmaraj AND Union of India & ANR. 2024 LiveLaw (Kar) 293G Devaraje Gowda AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 294M/S POWER SMART MEDIA PVT LTD & ANR AND Union of...

Centre For Judicial Archives At High Court Of Orissa Inaugurated

On 11th January, 2025 inauguration of the Centre for Judicial Archives was held under the aegis of the High Court of Orissa.The Centre was inaugurated by Shri Mohan Charan Majhi, Chief Minister of Odisha in presence of Shri Justice Chakradhari Sharan Singh, Chief Justice, High Court of Orissa, Shri Prithiviraj Harichandan, Minister, Law, Government of Odisha, the Companion Judges of the...