GST Authorities Can't Deny Refund Of Pre-Deposit On Grounds Of Limitation, Violates Article 265: Jharkhand High Court

The Jharkhand High Court has held in a recent judgement that rejecting a refund claim for a statutory pre-deposit which has been made under Section 107(6)(b) of the GST Act, on the ground that the claim was filed after the 2-year limitation under Section 54(1), is legally unsustainable. The Division Bench comprising Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan stated, “There...

S.12 DV Act | Mother-In-Law Harassed Or Tortured By Daughter-In-Law Can File Complaint To Magistrate For Relief: Allahabad High Court

Recently, the Allahabad High Court has held that a mother-in-law can file a case against her daughter-in-law or any other person, as being harassed or tortured would bring her under the purview of aggrieved person under the Protection of Women from Domestic Violence (DV) Act. Justice Alok Mathur in his order held:“In case, mother-in-law is harassed or physically or mentally tortured...

'Husband Never Complained Of Adultery': Chhattisgarh HC Acquits Man Convicted For Having Sex With Married Woman On False Promise Of Marriage

The Chhattisgarh High Court has overturned an order of conviction passed by a Sessions Court against a man, holding him guilty of adultery under Section 497 of the Indian Penal Code ('IPC') for having repeated sex with a married woman on the false assurance of marriage, since the husband of such woman did not make any complaint of adultery before any competent Court.While passing the order...

Madras High Court Recommends Formation Of Special Committee To Identify And Address Behavioural Issues In Students

The Madras High Court has recommended the formation of a Special Committee with statesmen, scholars, psychoanalysts, and representatives from the Departments of Human Resource Development, Higher Education, School Education, and Police to identify and address behavioral issues among youngsters. Justice AD Jagadish Chandira said that the issue required urgent intervention by...

S. 391 CrPC | Court's Power To Record Additional Evidence Must Be Exercised In Rare & Exceptional Cases: Karnataka HC Reiterates

The Karnataka High Court has reiterated that a court's power to record additional evidence under Section 391 Criminal Procedure Code, should only be exercised when the party making such request was prevented from presenting the said evidence in the trial, despite due diligence.The high court said that though the concerned Court has the power to secure additional evidence under Section 391 of...

Rajasthan HC Forms 5-Member Panel To Give Suggestions To Reform Administrative & Infrastructural Shortcomings In Govt Advocate's Office

The Rajasthan High Court has constituted a 5-member committee of comprising of members of the bar to examine prevailing deficiencies, structural requirements and administrative needs of the office of the Government Advocate (GA), and to recommend measures for capacity enhancement, administrative reforms and infrastructural improvements.Justice Farjand Ali took note of critical issues with...

Collector's Refusal To Call For Originals In Case Of Deficient Stamp Duty Doesn't Curtail Court's Power To Impound Document: Chhattisgarh HC

The Chhattisgarh High Court has held that a decision taken by a Collector (Stamps) to not exercise power under Section 48B of the Indian Stamp Act which empowers him to order production of original instrument in case of deficiency in stamp duty, would not curtail power of the Court to impound the document under Section 33. Justice Rakesh Mohan Pandey in his order said, “In the present case,...

Did Not Harass TASMAC Officers During Search, Allegations A Mere Afterthought: ED Tells Madras High Court

While making submissions in support of the search conducted by the Enforcement Directorate in the TASMAC headquarters, the ED, on Thursday, contended that the allegation of harassment raised by TASMAC was a mere afterthought for creating grounds in the present case. Additional Solicitor General SV Raju was making submissions before the bench of Justice SM Subramaniam and Justice K...

Expect State To Issue Online Circular Stating Superannuation Age Of Dental, MBBS Medical Officers To Be 62 Years: Rajasthan High Court

The Rajasthan High Court has said that it expects the State to issue a circular/notification on their website stating that the age of superannuation of Medical Officers holding BDS (Bachelor of Dental Surgeon)/MBBS degree was 62 years, with immediate effect.Justice Rekha Borana passed the order in a petition challenging the State's decision retiring the petitioner–a qualified BDS–at the...

Contractors Are Liable To Pay GST At Rate Prevalent On Day Of Receipt Of Tender, Not When Work Is Allotted: J&K High Court

The Jammu and Kashmir High Court held that the contractors were liable to pay GST at a rate prevalent on the last day for the submission of the tenders and not when the work was allocated as the same was clear from the Special Condition No.49 existing in the contract agreement. The petitioners had filed the review on the ground that as per section 13 of the CGST Act the liability to...

S.12 JJ Act | Purpose Of Law To Reform Children In Conflict, Punishing Them Would Be Self Destructive For Society: Patna High Court

While granting bail to a child alleged to be in conflict with law (CICL), the Patna High Court referred to Section 12 of Juvenile Justice Act 2015 to underscore that bail to a juvenile is a rule and refusal of bail is an exception. In doing so it said that bail to a juvenile in conflict with law can only be denied in certain circumstances including if on bail the juvenile person may come...

Insurer Company Can't Deny Liability Solely On Basis Of Incorrect Policy Number Furnished By Claimants: Jharkhand High Court

The Jharkhand High Court has recently held that the liability of an insurance company cannot be negated solely on the ground that the claimants have furnished an incorrect policy number, particularly when the insurer fails to discharge its duty to produce the correct policy in support of its case. Justice Sanjay Kumar Dwivedi, presiding over the case, stated, “Merely providing a wrong...