When Is Action For Imposition Of Penalty 'Initiated' U/S 271C Of Income Tax Act For Failure To Deduct Tax At Source: Delhi HC Explains

The Delhi High Court recently explained when an action for imposition of penalty under Section 271C of the Income Tax Act, 1961 can be said to have been “initiated”. Section 217 states that if any person fails to deduct the whole or any part of the tax at source (TDS), he shall be liable to pay a penalty equal to the amount of the tax which he failed to deduct as aforesaid. The...

Calcutta High Court Pulls Up Lawyer's Juniors For 'Threatening' Dept To Admit Appeal Without Order Copy

The Calcutta High Court on Wednesday reprimanded a lawyer and his juniors for filing an appeal against a single judge order without either a server or certified copy of the order under challenge.A division bench comprising of Justice Hiranmay Bhattacharya had on an earlier occasion allowed the filing of the appeal without the certified copy of the order.On this occasion, when the appeal came...

Allahabad High Court Cautions Bar Members Against Actions That Could Tarnish Judges' Image In The Eyes Of Public

The Allahabad High Court recently observed that members of the Bar should be more responsible when their actions may malign or, to some extent, question a judge's image in the eyes of the public at large. The Court added that the advocates should not act in a manner which gives the public an occasion to say that HIGH COURT JUDGES ARE NOW DECIDING CASES WHICH THEY WERE PURSUING FOR...

Preferential Treatment In Selection Based On Present Place Of Posting Discriminatory, Violates Right To Equality: Rajasthan High Court

Rajasthan High Court has ruled that Rajasthan Government's decision to grant bonus marks in teacher selection exam to those opting for posting in the districts in which they were currently posted in government employment was not only against the statutory rules but also violative of Articles 14, 15 and 16 of the Constitution of India.The bench of Justice Anoop Kumar Dhand opined that such a...

Scope Of Examination U/S 11 Of Arbitration Act Confined To Existence Of Arbitration Agreement: Delhi High Court

The Delhi High Court bench of Justice Sachin Datta affirmed that when a non-signatory person or entity is arrayed as a party at Section 8 or Section 11 stage of the Arbitration Act, the referral court should prima facie determine the validity or existence of the arbitration agreement, as the case may be, and complex issue like whether the non-signatory is bound by the arbitration...

Aadhar Card Not Proof Of Age, But An Identity Document: Madhya Pradesh HC Reiterates, Directs State To Clarify To All Concerned Authorities

While reiterating that Aadhar cards cannot be relied upon as a proof of its holder's age, the Madhya Pradesh High Court recently directed the state government to clarify to all concerned authorities that the Aadhar Card is merely an identity document. In doing so the high court referred to the Supreme Court's decision in Saroj and Others Vs. IFFCOTOKIO General Insurance Company and Others...

[POSH Act] Majority ICC Reports 'Shockingly' Biased In Favour Of Workplace, Can't Impact Police Report Filed On Victim's Complaint: Kerala HC

The Kerala High Court has observed that the report or findings of the Internal Complaints Committee formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) 2013 will not have an impact against the police report made based on the victim's complaint alleging sexual harassment at workplace. The Court further observed that this is because most of the...

'Nerve Shocking': Rajasthan HC Takes Suo Motu Cognizance Of Deteriorating Health Services In State, Says Hospitals Can't Play With Lives

The Rajasthan High Court has taken suo motu cognizance of the deteriorating condition of public health care system including gross negligence on part of hospitals in the State and has called upon the Union as well as State Ministry to submit a report on effective steps being taken for improving the present health care system.The bench of Justice Anoop Kumar Dhand opined that even...

Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court

The Gauhati High Court on Monday held that all pre-arrest bail, regular bail, and criminal petitions filed after July 01, 2024 in respect of FIR registered prior to July 01, 2024 i.e. before coming into force of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are liable to be filed, under Sections 482, 483 and 528 of the BNSS respectively.The division bench comprising the Chief Justice...

Wife Asking Hungry Husband To Wait For Preparation Of Food Not 'Grave & Sudden Provocation': Orissa High Court Upholds Murder Conviction

The Orissa High Court has recently held that a wife asking her husband to wait for some time to have food, as preparation of food was underway, is not grave and sudden provocation which would lead him to cause injuries to her and take away her life.While upholding the conviction of the appellant-husband for murder of his wife, the Division Bench of Justice Sangam Kumar Sahoo and...

Sabarimala Crowd Management: Kerala High Court Permits Parking Of Pilgrim Vehicles At Chakkupallam-II, Hilltop Area On Experimental Basis

The Kerala High Court, on an experiment basis, has allowed parking of motor cars carrying pilgrims in Chakkupallam-II and Hilltop area in the upcoming Makaravilakku season.Earlier, the Court had, as a temporary measure allowed such parking during the masapooja time.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. emphasized that the parking shall be done only in...

Employee's Right To Promised Pay Scale Benefits Can't Be Negated By Administrative Delays: Gujarat HC

Gujarat High Court: Justice Vaibhavi D. Nanavati ruled that the State of Gujarat must grant higher pay scales to Work Assistant cadre members based on their tenure, following unfulfilled promises of promotion and salary adjustments as per government resolutions. The court found the State's recovery of salaries, granted due to delays in implementing pay-scale adjustments, to be unlawful....