"Family Ties Are Paramount, Courts Can't Perpetuate Discord": Rajasthan High Court While Quashing Cross FIRs Over Family Altercation

While quashing cross FIRs registered by family members against one another, Rajasthan High Court ruled that court's primary objective must be to strength family bonds and not to perpetuate discord among family members.The bench of Justice Arun Monga was hearing quashing petition in relation to cross-FIRs for criminal assault and causing hurt, filed by members of the same family owing to...

Himachal Pradesh High Court Affirms Clean Slate Theory, Declares Tax Authorities' Charge Over Properties After Acquisition Plan Void And Illegal

In an important judgment delivered by the Himachal Pradesh High Court, the claims and red entries of the state tax department over the properties of Su-Kam Power Systems Ltd.(Corporate Debtor) were quashed. The corporate debtor was sold as a going concern under the provisions of the Insolvency and Bankruptcy Code (IBC). The court held that once the company was acquired and resolution...

Streamlining Police Recruitment: Gujarat HC Directs DGP To Provide Timeline For Engagement Of 25,660 Sub-Inspectors, Constables By 2026

The Gujarat High Court last week directed the state's Director General of Police (DGP) to submit a detailed timeline for completing the recruitment of over 25,000 posts of Police Sub-Inspectors and Police Constables in two phases by September 2025 and September 2026. The direction was issued by a division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi while hearing a...

Kerala High Court Denies Bail To Ousted CPI Leader, Son In Alleged Money Laundering Case Linked To Kandala Bank

The Kerala High Court denied bail to former CPI leader N. Bhasurangan and his son in an alleged money laundering case, accused of allegedly indulging in several financial irregularities in the management of the Kandala Service Co-operative Bank.A single judge bench of Justice C. S. Dias after considering the strict conditions imposed under Section 45 of the Prevention of Money Laundering...

Recovery Officer Can't Attach Taxpayer's Overdraft Account With Banks By Exercising Power U/s 226(3): Himachal Pradesh HC Quashes Attachment Order

Observing Cash Credit account or overdraft is capable of being attached u/s 226(3) of Income tax Act, the Himachal Pradesh High Court turned down the decision of Tax recovery officer in passing the order of attachment of Cash Credit Account. Explaining the relationship between debtor & creditor, the High Court clarified that bank does not become a debtor to its customers and...

Merely Being Caretaker Of Society Doesn't Attract Vicarious Liability For Non-Deposit Of Provident Fund: Gujarat HC Quashes FIR

While quashing an FIR against three men who allegedly failed to deposit provident fund of the employees of a society, the Gujarat High Court said that merely because they were members of the society's custodian committee would not make them vicariously liable under the relevant law. To make the members of the society answerable or responsible for its administration, the complainant must show...

[Tax Not Paid/ Short Tax] 'Summary Of Show Cause Notice' In GST DRC-01 Not A Substitute For SCN U/S 73(1) CGST Act: Gauhati HC

The Gauhati High Court has held that Summary of Show Cause Notice in Form GST DRC-01 along with an attachment of the 'determination of tax' does not constitute a valid Show Cause Notice (SCN) under Section 73 of the Central Goods and Services Tax (CGST) Act, 2017. “The Summary of the Show Cause Notice in GST DRC-01 is not a substitute to the Show Cause Notice to be issued in terms...

Adjudicating Authority Decides Fairness And Reasonableness While Approving Resolution Plan, High Court Cannot- Delhi High Court

In a significant judgement, the Delhi High Court affirmed the commercial wisdom of the committee of creditors (CoC). The case was pertaining to rejection of the resolution plan proposed by the petitioner despite offering the highest bid in e-auction in a Corporate Insolvency resolution Plan (CIRP) of Helio Photo Voltaic Pvt. Ltd. (Corporate Debtor). Brief Facts It was claimed by...

District Bar Associations Election: Delhi High Court Exempts Taxation Bar Association Members From Court Appearance Requirement

The Delhi High Court exempted members of Taxation Bar Association from the Court appearance requirement. The Bench, consists of Chief Justice Manmohan and Justices Vibhu Bakhru and Yashwant Varma, noted that, in light of the judgment in Lalit Sharma and Ors. v. Union of India and Ors. [W.P.(C) 10363/2021], dated 19th March 2024, a majority of the advocate members of the Delhi...

Advocate Moves Madras High Court To Allow Lawyers To Personally Meet And Consult Clients In Prison

A plea has been filed in the Madras High Court challenging the recent practice in Puzhal prison where the authorities were not allowing lawyers to directly meet their clients. The prison department had introduced a telecom system through which the accused and the lawyers could talk sitting across a barricade board.The bench of Justice SM Subramaniam and Justice V Sivagnanam was hearing a...

Seniority Of LDCs (Junior Assistant) In Panchayati Raj For Promotion Is Based On Merit, Not Appointment Date: Rajasthan High Court

Rajasthan High Court has ruled that while preparing the seniority list of the LDCs (Junior Assistants) appointed in the Panchayat Samities under the Rajasthan Panchayati Raj Act, 1994 (“Act”) and Rajasthan Panchayati Raj Rules, 1996 (“Rules”), merit position of the person should be considered and not the date of appointment when the person actually joined the duty.“if the date...

Hopeful That Move As Meghalaya HC Court Chief Justice Will Bring About Long-Expected Change In Calcutta High Court: Justice IP Mukherji

On Monday, Justice Indra Prasanna Mukherji bid farewell to the Calcutta High Court. Justice Mukherji who was elevated to the bench on 18th May 2009, was recently transferred as Chief Justice of the Meghalaya High Court.Justice Mukherji, who is a third-generation lawyer, enrolled as an advocate in 1990 and continued his practice till his elevation nineteen years later.In his farewell...