All High Courts
Assessment Order Passed Before Expiry Of Time To File Reply Is Liable To Be Set Aside: Kerala High Court
The Kerala High Court stated that any assessment order issued before the time allowed for filing a reply has no legal validity and can be overturned.The Bench of Justice Gopinath P. observed that “…….the assessee had filed an appeal against the order is no ground to refuse relief to the assessee as the original order was clearly issued in violation of principles of...
Condonation Of Delay Application Should Focus On Sufficient Reason, Not Merits Of Claim U/S 119(2)(B) Of Income Tax Act: Kerala High Court
The Kerala High Court stated that an application for condonation of delay should focus on whether there was sufficient reason to condone the delay under Section 119(2)(B) of the Income Tax Act, rather than on the merits of the assessee's claim.Section 119(2)(B) of the Income Tax Act, 1961 empowers CBDT to direct income tax authorities to allow any claim for exemption, deduction, refund and...
S.50 NDPS Act Not Applicable To Vehicle Search, Punjab & Haryana High Court Refuses Bail In Alleged Recovery Of 3.5 Quintals Of Ganja
The Punjab and Haryana High Court has rejected bail in the alleged drugs case where in a truck driver was allegedly found in possession of 3 quintals and 59 kgs of Ganja, observing that a huge recovery was effected from the truck and it cannot be held that there was non compliance of Section 50 of the NDPS Act.Justice N.S. Shekhawat said that, "a huge recovery was effected from the truck and...
Cheque Bounce Complaint U/S 138 NI Act Maintainable Even If Civil Suit For Recovery Is Instituted: Karnataka High Court Reiterates
The Karnataka High Court has held that a complaint for offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, notwithstanding the civil suit filed for recovery of the money.A single judge bench of Justice M Nagaprasanna held thus white dismissing a petition filed by one Lalji Kesha Vaid. It said “The complaint for offence punishable under Section 138...
Right To Dignity Under Article 21 Includes Being Able To Attend Once In A Lifetime Family Rituals Like Son's Wedding: Rajasthan High Court
Rajasthan High Court has ruled that Right to Life under Article 21 of the Constitution of India also includes Right to live with dignity that encompasses attending once in a lifetime family rituals like right of a father to attend son's marriage.The bench of Justice Arun Monga was hearing a petition filed on behalf of the accused who was in judicial custody for last 6 years on multiple FIRs...
Karnataka High Court Weekly Round-Up: October 21 To October 27, 2024
Citations: 2024 LiveLaw (Kar) 444 To 2024 LiveLaw (Kar) 449Nominal Index:ALL INDIA DALIT ACTION COMMITTEE ® AND Rahul Gandhi & Others. 2024 LiveLaw (Kar) 444Prajwal Revanna v. State of Karnataka and other petitions. 2024 LiveLaw (Kar) 445M/s Steel Rocks INC & ANR AND M/S. BANGALORE ELEVATED TOLLWAY PVT. LTD & ANR. 2024 LiveLaw (Kar) 446B Gopal Krishna & ANR AND...
Victim Compensation Scheme More Beneficial To Rape Survivor Can Be Applied Retrospectively: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that the Victim Assistance Scheme of UT Chandigarh, 2018 can be applied retrospectively, which means that the rape victim can be given benefit of compensation under the scheme even if the judgement of conviction was passed prior to its enforcement.In the present case, the plea to apply the scheme retrospectively was filed by a rape victim who...
Right To Travel Abroad Is A Basic Human Right, Denying Permission To Travel Due To Pending Dept Enquiry Violates Article 21: Rajasthan HC
Rajasthan High Court has affirmed that the pendency of departmental enquiry could not be a ground to deny permission to employees to travel abroad. Such rejection of permission amounted to a violation of the fundamental right to personal liberty under Article 21 of the Constitution which could not be taken away except in accordance with the procedure established by law.The bench of Justice...
Not Every Legal Mistake Made by Arbitral Tribunal Is Patent Illegality, Scope Limited To Substantive Laws: Delhi High Court
The Delhi High Court Bench of Justice Neena Bansal Krishna has held that patent illegality applies only to violations of substantive law of India, the Arbitration Act, or the rules applicable to the substance of the dispute. It does not apply to every legal mistake made by the arbitral tribunal.Additionally, the court held that the scope of a challenge under Section 34 of the Act, 1996 is...
Unilateral Reduction Of Pension Benefits Without Notice Violates Natural Justice; Patna HC Protects Retirees' Rights
Patna High Court: A Single Judge Bench of Justice Harish Kumar upheld the rights of retired non-teaching staff of L.N. Mithila University to receive full Assured Career Progression (ACP) benefits and proper pension adjustments. The Court ruled that the university's unilateral reduction of retirement benefits without notice violated principles of natural justice and established pay...
Violent Strike Justifies Immediate Termination Without Enquiry: Bombay HC
Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne upheld Advani Oerlikon Ltd.'s decision to terminate workers who participated in illegal strikes and violent protests without conducting a prior enquiry. The Court ruled that where employee misconduct clearly jeopardizes workplace safety, as evidenced by acts of obstruction, intimidation, and assault, employers can...
Court Not An Expert In History Of Origin Of Race: Madras High Court Asks State To Review Aryan-Dravidian Theory Taught In Schools
The Madras High Court recently refrained from passing any orders on a plea questioning the Aryan-Dravidian race theory taught in educational institutions. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy remarked that the court was not an expert in the history of origin of race and thus could not grant the relief as requested for. The court thus observed that...