Decide On Rehabilitation Of Piranana Chhapra Slum Dwellers In 6 Weeks: Gujarat High Court To Ahmedabad Municipal Corporation

The Gujarat High Court has recently asked the Ahmedabad Municipal Corporation (AMC) to decide in six weeks the applications of certain hutment dwellers residing in Piranana Chhapra, Behrampura seeking rehabilitation, by passing reasoned orders and after giving them a personal hearing. The order was passed in a Public Interest Litigation (PIL) petition moved by one Shaikh Noorjahan Bano,...

Man Grooving His Neck Towards A Woman While Hearing Music & Riding Bike Is Not 'Stalking' : Bombay High Court

A man grooving his neck, towards a woman, while hearing music and riding a bike, will not amount to the offence of stalking as provided under section 354-D of the Indian Penal Code (IPC), the Bombay High Court held on Friday. The court however, held that the act of riding a two-wheeler at a high speed and in a wavering manner, coming close to another two-wheeler and overtaking it, would amount...

[S.74 GST Act] Adjudicating Authority Must Record Prima Facie Satisfaction Regarding Assessee Wrongfully Obtaining Input Tax Credit: Allahabad HC

The Allahabad High Court has held that for initiating proceedings under Section 74 of the Goods and Service Tax Act, 2017, it is necessary for the adjudicating authority to record prima facie satisfaction regarding the assessee having wrongfully availed input tax credit (ITC) by fraud, willful misstatement or suppression of facts. The Court held that once the proceedings under Section...

Labour Court And Registrar Of Cooperative Societies Have Concurrent Jurisdiction For Disputes Relating To Disciplinary Action: Delhi High Court

Recently, a Single Bench of the Delhi High Court comprising of Justice Tara Vitasta Ganju heard a petition impugning the award passed by the learned Additional District and Sessions Judge. By the Impugned Award, the complaint filed by the Petitioner on the applicability of the provisions of the Industrial Disputes Act, 1947, was dismissed by the Labour Court, in view of the specific bar as...

Allahabad HC Refrains From Making Adverse Remarks Against 'Young' Magistrate, Orders Inquiry Against His Staff For Uploading 2 Unsinged Order Drafts

While refraining to pass adverse orders against a young magistrate, the Allahabad High Court ordered inquiry against his staff for uploading two copies of draft unsigned order on the website.Applicant approached the High Court against the order passed by the Additional Chief Judicial Magistrate, Ghaziabad in the defamation suit filed by the opposite party, one Ankur Garg. Other than arguments...

Violations Of The Contract Labour Act By Contractor, Does Not Per See Confer Employment Rights;Guwahati High Court Clarifies

The Guwahati High Court bench comprising of Justice Michael Zothankhuma upheld the Industrial Tribunal's decision that dismissed the claim of six contract labourers seeking reinstatement and regularization with ONGC. It ruled that the labourers failed to prove any employer-employee relationship. Further, any alleged violations of the Contract Labour (Regulation and Abolition) Act, 1970...

Where Will Spouses Go To Satisfy Their Sexual Urges If Not To Each Other In A Morally Civilized Society: Allahabad High Court

Recently, while dealing with allegations regarding assault due to unmet demands of dowry, the Allahabad High Court observed that the allegation in the FIR against the husband arose from sexual incompatibility between the parties rather than any actual demand for dowry.“If man would not demand sexual favour from his own wife and vice-versa, where they will go to satisfy their physical...

Calcutta High Court Grants Bail To Nine Detained For Allegedly Raising 'Anti-Establishment' Slogans At Durga Puja Pandal

The Calcutta High Court has granted bail to nine youths, who were arrested for allegedly raising anti-establishment slogans and placards outside a Durga Puja pandal in Kolkata's Rabindra Sarovar area.A single bench of Justice Shampa Sarkar released the detained protestors while directing them to not cause disturbance or raise slogans within 200 metres of any puja pandals across the...

Reassessment Proceedings Can't Be Initiated Against Deceased Assessee: Kerala High Court Directs Fresh Proceedings Against Legal Heir

Kerala High Court ruled that reassessment proceedings cannot be initiated against a deceased taxpayer (assessee). The Bench of Justice Gopinath P. observed that “the procedure contemplated by Section 148A of the Income Tax Act, 1961 contemplates the issuance of a show cause notice etc., before reassessment proceedings are commenced. This cannot be a mere...

Deferred Payment Of Works Contract In 'Recovery Mode' Doesn't Exempt Dealer From Levy Under Commercial Tax Act And Entry Tax Act: Madhya Pradesh HC

The Madhya Pradesh High Court has held that merely because payment is deferred by the State in terms of the works contract, the same cannot be grounds for a dealer to seek exemption from payment of taxes under the MP Commercial Tax Act, 1994 and MP Entry Tax Act, 1976. In the case at hand, the Petitioner-company had entered into Build, Operate and Transfer (BOT) contract with...

Delhi High Court Orders Reinstatement Of CISF Officer Dismissed After Alleged Conspiracy Involving Sexual Harassment

A division bench of Delhi High Court comprising Justice Rekha Palli and Justice Shalinder Kaur ordered the reinstatement of Satish Kumar, a Sub-Inspector (SI) with the Central Industrial Security Force (CISF), after finding that his dismissal following accusations of conspiring with a female constable in a sexual harassment case was unjustified. The court re-evaluated the evidence presented...

Patna High Court Quashes Sub Registrar's Dismissal, Reiterates Article 311 Protections Against Arbitrary Removal

The Patna High Court bench of Justice Bibek Chaudhuri reversed the dismissal of Ram Pravesh Chauhan, a Sub Registrar from Nalanda's Hilsa Sub Registry Office. It cited an absence of adequate evidence in the disciplinary proceedings, while reiterating the protections under Article 311 of the Constitution, which prevents arbitrary dismissal by ensuring that only the appointing authority, or...