All High Courts
Can HC Entertain Writ Against ED's Provisional Attachment When Alternate Remedy Is Available Under PMLA? Punjab & Haryana HC Answers
The Punjab & Haryana High Court has said that when an alternative remedy is available under the Prevention of Money Laundering Act 2002 (PMLA) against Provisional Attachment Order (PAO) issued by the Directorate of Enforcement, it would not be appropriate for it to entertain a writ petition even before the statutory 30 days' period from the date when PAO has been passed.Section 5(5) of...
Expulsion Forever Will Lead To 'Academic Death': Bombay High Court Grants Relief To Law Student Accused In Multiple Sexual Harassment Cases
While disposing of a plea filed by a final year law student of the Maharashtra National Law University (MNLU) challenging the decision of the varsity to expel him from the institution after he was found guilty of 'repeated' sexual harassment of girls by the Internal Complaints Committee (ICC), the Bombay High Court on Thursday said that the student's expulsion for an 'unspecified' period...
Gujarat HC Orally Questions State For Conducting 'Preliminary Inquiry' In Plea For Lodging Rape FIR Against BJP MLA, Lists Matter On Monday
While hearing a 2021 plea moved by a woman seeking registration of an FIR against BJP MLA from Prantij–Gajendrasinh Parmar, the Gujarat High Court on Wednesday (October 9) orally questioned the State for conducting a preliminary inquiry in a case pertaining to allegations of rape. After hearing the matter for some time a single judge bench of Justice Niral R Mehta adjourned it for...
Forum Shopping Is Abuse Of Legal Process And Cannot Be Condoned: Delhi High Court
The Delhi High Court Bench of Justice Swarana Kanta Sharma has held that forum shopping, i.e., such conduct, where the petitioner attempts to choose a forum favourable to them after having already approached the appropriate forum, is an abuse of legal process and cannot be condoned. Brief facts of the case: The case revolves around a dispute between Michael Builders and Developers...
“Only Three Days Were Given To Assessee To Respond To Show Cause Notice”: Kerala High Court Sets Aside Reassessment Order
The Kerala High Court set aside an order in reassessment proceedings that was issued without providing the assessee an opportunity to respond to the show cause notice. The Bench of Justice Gopinath P. observed that “the show cause notice was issued on 12-03-2024, giving only three days' time to the assessee to respond, and the order was issued on 20-03-2024………...
S.129 CGST/SGST Act | Penalty Only For Violations With Intent To Evade Tax Or Repeated Violations; Not For Minor Discrepancies : Kerala High Court
The Kerala High Court held that tax/ penalty under Section 129(1)(a) or 129(1)(b) of the CGST/ SCGST can be imposed only for violations which may lead to evasion of tax or which was done with the intention to evade or in case of repeated violations.Justice P. Gopinath observed:“It is declared that the provision of Section 129 of the CGST/ SGST Acts do not authorize the imposition of...
Won't Act On Eviction Notices Against Shilpa Shetty & Raj Kundra Till Their Plea Against Provisional Attachment Is Decided: ED In Bombay HC
In a relief for Bollywood actor Shilpa Shetty and her businessman husband Raj Kundra, the Enforcement Directorate (ED) on Thursday told the Bombay High Court that it will not act upon the 'eviction notices' issued to the couple to vacate their residential house in Juhu and their Farm House in Pune.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan said it will dispose of...
Income Tax Assessee Who Failed To Avail Option To Request Personal Hearing Can't Claim That Personal Hearing Was Not Provided: Madras HC
The Madras High Court ruled that if an assessee does not take advantage of the opportunity to request a personal hearing from the department, they cannot later claim that they were denied a personal hearing. The Bench of Justice Krishnan Ramasamy observed that “……though the department has given liberty to the assessee to request for personal hearing, the assessee failed to...
Prosecution, Legal Departments Must Exercise Due Diligence Before Initiating Cases: Delhi High Court On Frivolous Litigation
The Delhi High Court has observed that the prosecution and Delhi Government's Department of Law & Legislative Affairs must exercise due diligence before initiating cases and that legal process must not be misused through frivolous litigation. Justice Amit Mahajan said that filing of frivolous cases has a spiral effect on other litigations which are waiting for their turn to be heard...
Arbitral Tribunal Acted With Patent Illegality, Against Indian Law In Awarding Reimbursement Of Service Tax Along With Interest: Calcutta High Court
The Calcutta High Court Bench of Justice Sabyasachi Bhattacharyya observed that award passed by Arbitral Tribunal was tainted with patent illegality and contravened the fundamental policy of Indian law. The award was challenged under section 34 of the Arbitration and Conciliation Act (act). The court set aside the award in which South Eastern Railway (railway) was directed to reimburse...
Withholding Bail When Court Deemed It Fit To Release Accused Amounts To Punishment: Delhi High Court
The Delhi High Court has held that where a Court deems it fit to release an accused on merits, withholding bail amounts to a punishment.“Therefore, if a Court on merits deems it fit to release an accused on bail, withholding the aforesaid relief will amount to be considered as a punishment,” Justice Chandra Dhari Singh said. The Court made the observation while granting regular bail to...
Legal Internships Do Not Amount To Active Legal Practice: Delhi High Court
The Delhi High Court has recently observed that legal internships undertaken as law students do not amount to “active legal practice” after being enrolled as an advocate.“Internships undertaken as part of legal education, though valuable in providing practical exposure, do not satisfy the professional experience requirement for practicing law,” Justice Sanjeev Narula observed.The...