CBDT Cannot Impose Limitations To Extinguish Rights Granted Under Income Tax Act: Delhi High Court

Recently, the Delhi High Court held that Central Board of Direct Taxes (CBDT) cannot impose limitations to extinguish rights granted under Income Tax Act, 1961. The Court held that the wide powers granted to the CBDT are not for extinguishing a right that is conferred by the Act. Accordingly, the Court Circular No. 07/2007 dated 23 October 2007 issued by the CBDT to the be ultra vires the...

Mere Non-Mentioning Of Place Of Arbitration In Arbitral Award Does Not Vitiate It: Allahabad High Court

The Allahabad High Court has held that mere non-mentioning of the place of arbitration in the arbitral award does not vitiate it.An arbitral award between the parties was challenged before the Commercial Court, Prayagraj where it was held that since the place of arbitration was not mentioned in the award, it was non-speaking and was, thus, set aside. Both parties challenged the order of...

'Sleep & Work-Life Balance Necessary': Karnataka HC Sets Aside Suspension Of Constable Found Sleeping On Duty After Regular Double Shifts

The Karnataka High Court has set aside an order of suspension imposed on a constable working with the Kalyan Karnataka Road Transport Corporation on the grounds that he was found sleeping on duty.Justice M Nagaprasanna while allowing the petition filed by Chandrashekhar, highlighted the need for proper sleep and work-life balance for employees. It said, “It is trite, if a person is asked...

No New Flag Masts Or Poles To Be Erected In The State Without Permission From Competent Authorities: Kerala High Court Orders

The Kerala High Court ruled that no temporary or permanent flag masts or poles shall be installed in any public space, puramboke area, or road margins within the State without obtaining the necessary permissions or clearances from competent authorities as required by law.The single bench of Justice Devan Ramachandran further directed the Secretary of the Local Self Government Institutions ...

Alleged Adulterer Should Be Given Opportunity To Disprove Adultery Claim In Divorce Case: Madras High Court

The Madras High Court has recently held that when divorce is sought on the grounds of adultery, the alleged adulterer should be made a co-respondent if the details are known. The court also observed that if the details of the alleged adulterer is not known, the petitioner could be excused from the requirement of impleading the alleged adulterer. “We, therefore, hold that...

Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC

The Telangana High Court has s that the entitlement to receive compensation under the Land Acquisition Act would crystallize only after the competent court–to whom a reference is made over a dispute as to the apportionment of compensation–decides the rival claims and rules in the claimant's favour.The high court referred to the court's decision in a 2024 writ petition wherein it had ...

Gujarat HC Paves Way For Two Law Graduates From Unrecognized College To Apply For Civil Judge Post, State Bar Body To Issue Provisional Certificate

The Gujarat High Court on Monday (February 24) directed the State Bar Council to issue provisional certificate of practice to two law graduates, who completed their LL.B. from an unrecognized institution, so as to enable them to participate in the recruitment process to the post of civil judge. Issuing notice to the respondents, Justice Nirzar S Desai in his order said, "In the meantime,...

Judicial Officer Bound To Obey Circulars/Orders Issued By High Court: Madras HC Upholds Compulsory Retirement Of District Judge

The Madras High Court recently upheld the compulsory retirement of a District Judge noting that the Administrative Committee of the High Court had assessed the materials and concluded that his continued service was not in the public interest. The bench of Justice R Subramanian and Justice G Arul Murugan noted that unless the material relied on by the administrative committee is shown...

MSMED Act Will Prevail Over Arbitration Act In Disputes Pertaining To A Party Which Is An MSME: Delhi High Court

The Delhi High Court Bench of Justice Manoj Kumar Ohri has reiterated that the Arbitration and Conciliation Act, 1996 is a general law governing the field of arbitration whereas the MSMED Act, 2006 governing a very specific nature of disputes concerning MSMEs, is a specific law and being a specific law would prevail over Arbitration and Conciliation Act, 1996. Background...

Not Mandatory To Obtain Sanction To Prosecute Public Servant For Failing To Report POCSO Offences, S. 19 Contains Non-Obstante Clause: Kerala HC

The Kerala High Court has held that it is not mandatory to obtain sanction under Section 197 of CrPC or Section 218 of the BNSS to prosecute a public servant under Sections 19 and 21 of the POCSO Act for failing to report POCSO OffencesThe Court made this ruling on noting that Section 19 which mandates reporting of POCSO offences begins with a non-obstante clause, 'Notwithstanding...

Recovery Of Drugs On Disclosure Statement Does Not Prima Facie Show Conscious Possession Of Contraband: J&K High Court

The Jammu and Kashmir High Court held that a statement leading to the discovery of contraband is not sufficient to prima facie show conscious possession with respect to the concealed material. The court said that mere possession will not be considered as an offence unless it was coupled with the knowledge of what was being possessed.The court held that the statement of an accused under Section...

Drugs & Cosmetics Act | Only Sessions Court Can Try Offences Punishable Under Chapter IV On Manufacture, Sale And Distribution: Karnataka HC

The Karnataka High Court has held that trial in a case registered for offences pertaining to manufacture, sale and distribution of drugs and cosmetics under Chapter IV of the Drugs and Cosmetics Act is triable only by a sessions court and the magistrate court is required to commit the case to the Sessions Judge for trial.Justice S Vishwajith Shetty held thus while allowing a petition filed...