No Provision Empowering Collector To Recover Deficiency In Registration Fee Under Stamp Act: Allahabad High Court

The Allahabad High Court has held that there is no provision in the Indian Stamp Act, 1899 which empowers the Collector or other stamp authorities to recover deficiency in registration fees.Besides recovery of deficiency in Stamp Duty, recovery was ordered against the petitioner regarding deficiency in registration fees on Document No. 1549/2022 & 1548/2022. Further, penalty of Rs....

Right To Seek Reference To Arbitration U/S 8 Can Be Waived At Instance Of Defendant: Delhi High Court

The Delhi High Court bench of Chief Justice Manmohan and Justice Tushar Rao Gedela has held that a Defendant (in a civil suit) has the right to withdraw an application filed under Section 8 of the Arbitration and Conciliation Act, 1996, and submit to the jurisdiction of the Civil Court. The court held that when the Defendant (herein, the Respondent) withdrew the application seeking...

S.52 Transfer Of Property Act | Court Can Permit Party In Pending Partition Suit To Sell Its Share Of Land To Meet Medical Expenses: Patna HC

The Patna High Court recently ruled that if a party seeks to sell the land it is likely to receive after partition- to cover medical expenses for his daughter and himself, his request should be considered and not dismissed solely on the grounds that such a sale would be affected by Section 52 of the Transfer of Property Act.Justice Arun Kumar Jha, who presided over the case, emphasized, “If...

S.126(2) CrPC | Family Court Must Satisfy Itself Of Party's 'Wilful' Absence Before Proceeding Ex-Parte In Maintenance Proceeding: Patna HC

The Patna High Court has, while setting aside a Family Court's ex-parte maintenance order under Section 126(2) CrPC in favour of the wife, held that before proceeding ex parte, the Magistrate must be satisfied that the person against whom the maintenance order is proposed is wilfully avoiding service or wilfully neglecting to attend court.Justice Arvind Singh Chandel presiding over the...

MP High Court Interim Order Permits Candidate With Pending Criminal Case To Appear For Nursing Entrance Exam Despite Bar In Admission Rules

Madhya Pradesh High Court recently directed the State to accept the admission form of a student leader, who was barred from applying for the post Basic B.Sc. and M.Sc. Nursing courses due to pending criminal cases. Justice Sanjeev Sachdeva and Justice Vinay Saraf stated that merely having pending criminal proceedings, without any conviction, should not disqualify a candidate from...

Police 'Clandestinely' Providing Closure Report To Accused Despite Prohibition In CrPC And RTI Act Is Serious Misconduct: Madhya Pradesh HC

While hearing a plea seeking recall of an order upholding the direction for registration of FIR against Petitioner, the Jabalpur Bench of Madhya Pradesh High Court expressed its concern at the "clandestine manner" in which police authorities provided certain documents to the Petitioner-accused, despite statutory prohibitions.In stating so, the high court observed that the "misconduct shown by...

Repatriation Of Deputationist Must Be Based On Valid Reasons, Cannot Be Done As Punishment: MP HC

Madhya Pradesh High Court: Justice Sanjay Dwivedi quashed the repatriation order of a Water Resources Department engineer from his deputation at the Narmada Valley Development Department, holding that repatriation must be based on valid administrative reasons and not used as a punitive measure. The court found the replacement of the petitioner with an officer facing corruption...

Daily Wage Employment Through “Backdoor Entry” Creates No Right To Regularization Even After Decade Of Service: Patna High Court Dismisses LIC Workers' Plea While Clarifying Regularization Principles

Patna High Court: Justice Dr. Anshuman dismissed a writ petition seeking regularization of daily wage workers employed by the Life Insurance Corporation of India (LIC) on the ground of non-joinder of LIC as a party. The petition was filed by several daily wage workers claiming over ten years of service with the LIC. The court held that the petition was defective as LIC, a necessary...

Bahraich Violence | 'No Reason To Say UP Govt Won't Follow SC's Order On Demolitions': Allahabad HC Grants 15 Days To Accused To Respond To PwD Notices

In an extraordinary Sunday sitting, the Allahabad High Court today heard a Public Interest Litigation (PIL) plea moved by the Association For Protection of Civil Rights (through its Vice President, UP East, Sayed Mehfuzur Rehman) challenging the Uttar Pradesh Government's proposed action to demolish properties belonging to the accused in the Bahraich violence case. Hearing the matter...

SCN Was 'Gloriously Silent' On Provisions Of GST Act Which Were Allegedly Infringed: Delhi High Court Quashes Order

Finding that the SCN as well as the final order fails to provide any clue with respect to the provision of the statute which was alleged to have been violated or infringed, the Delhi High Court quashes the SCN & the order of cancellation of GST registration. “The SCN is gloriously silent with respect to the provisions of the GST Act which are alleged to have been...

'Reasons' To Remit Matter For Fresh Inquiry Need To Be 'Meaningful And Self Speaking', Can't Be Left To Imagination, Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Sudhir Kumar Jain upheld a judgement of the Central Administrative Tribunal stating that the 'reasons' for remitting the matter as is required by Rule 9(1) of the AIS (D & A) Rules need to be meaningful and cannot be left for imagination. Background The Respondent before the Court is a 1990 batch...

Value Of Free Fuel Can't Be Added To Value Of Taxable Supply U/S 15 Of CGST Act: Uttarakhand HC

The Uttarakhand High Court held that when as per the agreement, the cost of fuel was to be borne by recipient, then such cost cannot be subjected to charge of GST by adding its value in the transaction value of GTA service.Pointing that the cost of fuel cannot be added in the account of the transporter, as was governed by the GST rules, the Division Bench comprising Justice Ritu Bahri and...