Termination Of Services Of Anganwadi Supervisor Without Following Procedure, Patna HC Revokes.

A single judge bench of the Patna High Court comprising of Justice Bibek Chaudhuri held that termination of Anganwadi Supervisor from the service without following the termination procedure under Clause XIV of the Pervekshika Niyojan Margdarshika is invalid. Background Facts The State Government created the Anganwadi Center No. 206 in Ward No. 8, Pilapur, Bhojpur District....

Kerala HC Suggests Constitution Of A Tribunal Or Ombudsman To Hear Grievances Related To 'School Kalolsavam'

The Kerala High Court suggested constituting a body in the nature of Tribunal or Ombudsman for considering grievances related to School Kalolsavam an annual art event organized by the state government comprising of competitions for school students across the state.Justice C. Jayachandran made this observation taking into account that large number of cases relating to School Kalolsavam was...

Calcutta High Court Annual Digest: Part-I [Citations: 1-99]

ORDERS/JUDGEMENTSUse Of 'Silk' To Denote Paint's Finish Customary, Can't Be Protected As Trademark: Calcutta High Court Dismisses Berger's Plea Against JSW PaintsCitation: 2024 LiveLaw (Cal) 1Case: Berger Paints India Limited v JSW Paints Private LimitedThe Calcutta High Court recently dismissed an interim injunction application in a suit filed by Berger Paints to restrain JSW Paints from...

Following A Girl Only Once Will Not Amount To Stalking: Bombay High Court

In a significant order, the Nagpur bench of the Bombay High Court recently held that merely following a girl or a victim once, will not amount to stalking as prescribed under the 354-D of the Indian Penal Code (IPC) and the provisions under the Protection Of Children from Sexual Offences (POCSO) Act.Single-judge Justice Govind Sanap delivered the ruling on December 5, 2024, while acquitting...

Reassessment U/S 150 Of Income Tax Act Can't Be Initiated On Mere 'Incidental' Findings Of Appellate Authority: Delhi High Court

The Delhi High Court has held that Section 150 of the Income Tax Act, 1961 can be invoked for reassessment only to give effect to a 'conclusive finding' by an appellate authority regarding escapement of income by an assessee. Section 150 makes provision for cases where assessment is in pursuance of an order on appeal, etc. It empowers an Assessing Officer to issue reassessment...

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107(2), sit in appeal over an order passed by the Appellate Authority. Section 107(2) empowers the Commissioner to call for and examine the record of any proceedings in which an adjudicating authority has passed any...

Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC

The Gujarat High Court bench of Mrs. Chief Justice Sunita Agarwal and Mr.Justice Pranav Trivedi of has held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration Act' 1996 as to challenge the award passed under Section 18(4) of the MSMED Act' 2006, would be governed by the agreement between the parties which has conferred exclusive jurisdiction...

Designated Authority Under Direct Tax Vivad Se Vishwas Act Cannot Reopen Assessment After Issuance Of Final Certificate: Delhi HC Reiterates

The Delhi High Court has reiterated that a designated authority under the Direct Tax Vivad Se Vishwas Act, 2020 cannot reopen an assessment after a final certificate is issued under Section 5 of the Act and all disputes with regard to the 'tax arrear' stand concluded. Section 5 stipulates a designated authority to determine the amount payable by a declarant under the Act within 15 days...

Children/Third Parties Cannot Appeal Against Maintenance Order Passed Under Parents & Senior Citizens Act: Karnataka High Court

The Karnataka High Court has held that the right of appeal against an order passed by the Assistant Commissioner under Maintenance and Welfare of Parents and Senior Citizens Act, is only available to senior citizens and parents and no such right is extended to children or third parties.A division bench of Chief Justice N V Anjaria and Justice K V Aravind held thus while partly allowing an...

Co-Accused Can Apply Separately For Compounding Of Offences Committed By Company Or HUF Under Income Tax Act: Delhi High Court

The Delhi High Court has held that co-accused are entitled to apply separately for compounding of offences committed by a Company or a Hindu Undivided Family under the Income Tax Act, 1961. A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela ruled that the co-accused need not await filing of application for compounding by the company or the HUF. In...

Claim Bill/Voucher Not Akin To Notice Under Carriage By Road Act Which Is A Precondition For Instituting Legal Proceedings: Rajasthan HC

The Jaipur bench of the Rajasthan High Court has ruled that a claim bill (voucher) cannot be equated to a notice required under Section 16 of the Carriage by Road Act, as per which legal proceedings cannot be initiated against a common carrier unless a notice in writing was served on them. The Court was hearing a revision petition filed against an order of a senior civil judge...

Delhi High Court Reserves Verdict On Plea Challenging CAT 2024 Results

The Delhi High Court has reserved verdict on a petition challenging the results of Common Admission Test (CAT) 2024 for admissions in top management institutes.Justice Tara Vitasta Ganju reserved judgment in the plea moved by a candidate, Aditya Kumar Mallick, who is aggrieved with an incorrect answer to Question No. 18 from Verbal Ability and Reading Comprehension Portion, thereby affecting...