Form 26B Under Income Tax Rules Not Required For Refund Once Form 5 Under 'Vivad Se Vishwas' Act Is Issued: Allahabad High Court

The Allahabad High Court has held that an assesse claiming refund of excess TDS (tax deduction at source) is not required to fill Form 26B under the Income Tax Rules once Form 5 of the Vivad Se Vishwas Act, 2020 has been issued to them. “A perusal of the Rules would reveal that Form 26B is required to filled up if the assessee claims refund paid under Chapter XXVII-B of the Act,...

Specific Exclusion Clause In Agreement Renders Dispute Non-Arbitrable: Punjab & Haryana High Court

The Punjab and Haryana High Court bench of Justice Jagmohan Bansal has held that when there is a specific exclusion clause in the agreement, the matter shall not be referred to Arbitration. Brief Facts The applicant filed this application under section 11 of the Arbitration Act, seeking appointment of the Arbitrator. The present application was filed on the basis of an...

16-Yrs Delay In Completing AIIMS Jodhpur Trauma Centre: Rajasthan HC Pulls Up State, Expresses Inclination To Impose ₹50 Crore Cost

The Jodhpur bench of the Rajasthan High Court pulled up the State Government for persistent delays in completion of “critical infrastructure projects” at AIIMS Jodhpur including a trauma centre and expressed its inclination to impose a cost of Rs. 50 crore as well as initiate action for criminal negligence against erring officials.The court however went on to grant one last opportunity to...

Appointment Of Managing Director/Chairman Of Party As Arbitrator Is Prohibited U/S 12(5) Of Arbitration Act: J&K High Court

The Jammu & Kashmir and Ladakh High Court bench of Chief Justice Tashi Rabstan has held that managing director or chairman of a party to the arbitration agreement cannot be appointed as Arbitrator in light of section 12(5) read with Seventh Schedule of the Arbitration Act. Brief Facts The petitioner has filed this application under section 11 of the Arbitration Act,...

Atul Subhash Suicide | Accused-Wife Moves Allahabad High Court Seeking Anticipatory Bail In Abetment To Suicide Case

The wife of 34-year-old Bangalore techie-Atul Subhash, along with three of her family members, has filed an anticipatory bail petition before the Allahabad High Court in connection with an FIR lodged against them concerning abetment to suicide case. Subhash, who allegedly died by suicide due to alleged harassment by his wife through the filing of matrimonial cases, left behind a...

Custody Orders Must Be Respected Unless Challenged And Modified By Higher Court: Jharkhand HC Directs Mother To Handover Son To Father

Highlighting that a custody order, unless challenged or modified by a higher court, must be respected, the Jharkhand High Court upheld a family court's order granting custody of a minor boy to his father. In doing so the high court further observed that there was nothing to suggest that the welfare of the minor was in any peril in the hands of the father. The Court interacted with the mother...

Reports Forming The Basis For Determining EPF Dues Must Be Shared With Parties: Kerala High Court

Kerala High Court: A single bench of Justice N. Nagresh overturned the orders of the Central Government Industrial Tribunal-cum-Labour Court (CGIT) in two writ petitions filed by Sree Narayana Guru Memorial Educational & Cultural Trust. These orders demanded the Trust pay alleged EPF dues. The court ruled that repeated factual errors, procedural issues, and the lack of a fair...

Officer Entitled To Full Pay And Allowances If There Are No Reasons To Keep Him Suspended Till Conclusion Of Disciplinary Proceedings: Kerala HC

The Kerala High Court has held that an officer would be entitled to full pay and allowances if there were no reasons for keeping him under suspension till the conclusion of disciplinary proceedings.The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar observed that disciplinary authority must apply their mind and exercise their discretion in deciding whether the...

Rajasthan High Court Monthly Digest: November 2024

Citations: 2024 LiveLaw (Raj) 328 To 2024 LiveLaw (Raj) 377NOMINAL INDEXJakir Khan v State of Rajasthan & Anr. 2024 LiveLaw (Raj) 328Hemlata Choudhary v the State of Rajasthan & Anr. 2024 LiveLaw (Raj) 329Smt. Suman Lata Kapur v the State of Rajasthan & Ors. 2024 LiveLaw (Raj) 330Anju Parihar v Looni Devi 2024 LiveLaw (Raj) 331Umesh Kumar & Anr. v Lila Bai & Anr. 2024...

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court

Recently, the Allahabad High Court has held that it is not necessary for an applicant to provide a succession certificate if a nomination exists to their name, while making an application for death-cum-retiral benefits of a deceased government employee.“…once there is a nomination left by the deceased in his service records in favour of a person, who is his wife, there is no reasons for...

Students Have No Locus To File Plea For Affiliation Of A College: Madhya Pradesh HC Expresses Surprise At Law College Not Wanting Recognition

While hearing a plea regarding grant of recognition of a college, the Jabalpur bench of the Madhya Pradesh High Court on Friday (December 13) orally remarked that students had "no locus" to seek affiliation of a college expressing its "surprise" as to why the college was not present before the court seeking recognition.On the last date of hearing i.e. November 13, the counsel for the...

Jharkhand High Court Directs Mandatory Monthly Medical Camps For Elderly Prisoners With Cataract, Diabetes And Hypertension

The Jharkhand High Court has recently directed the Jharkhand State Legal Services Authority (JHALSA)) to organize medical camps for inmates, particularly elderly prisoners suffering from ailments such as cataracts, diabetes, and blood pressure, alongside the monthly legal camps conducted in jails.The division bench comprising Justices Sujit Narayan Prasad and Navneet Kumar directed,...