S.73 CGST Act| ‘No Reasonable Opportunity Granted To Respond’, MP High Court Quashes Show Cause Notice Against Raymond

Madhya Pradesh High Court has recently quashed a show cause notice and order of demand issued against Raymond Limited by observing that a minimum of 30 days must be given to afford ‘reasonable opportunity’ for the noticee to respond as per Section 73 of CGST Act.“Though no time period is stipulated in Section 73 for the noticee to respond but it is obvious that the statute...

S.8 PMLA | Accused Himself Can’t Be Regarded As A ‘Claimant’ Who ‘Acted In Good Faith & Suffered Quantifiable Loss’: MP High Court

Madhya Pradesh High Court has recently clarified that persons accused of money laundering themselves do not fall within the definition of a ‘claimant’ mentioned in Rule 2(b) of PMLA Rules, 2016 and Section 8(8) of PMLA, 2002.Justice Prem Narayan Singh, while setting aside the order of Special Judge (PMLASection 8(8) of PMLA) releasing the properties belonging to the accused that are...

Irregularities In Sarpanch Election: MP High Court Demands Strict Action Against Delinquent Officials

After a team of observers found irregularities in the Sarpanch elections for Bamhori Madia Gram Panchayath, Madhya Pradesh High Court has disposed of a petition filed by one of the candidates upon an undertaking from the M.P Election Commission that fresh elections will be conducted within 60 days for the Polling Booth No.145.The single-judge bench of Justice Vivek Agarwal also directed that...

MP High Court Quashes Rape Case Based On Settlement; Accused Agrees To Not Proceed Against Complainant For Dishonoured Cheques

The Madhya Pradesh High Court has recently quashed a rape case based on a settlement between the complainant-woman and the accused. The accused persons agreed to the complainant's demand that they wouldn’t claim Rs 10 lakhs from her for the dishonoured cheques issued by her. With the consent of the woman, the Court quashed the case.Justice Subodh Abhyankar also noted that though the...

Land Acquired For Construction Of Police Post: MP High Court Says State Govt. Constitutionally Dutybound To Protect The Interest Of Tribal Community

In a case that allegedly involves the erection of a police post in tribal land, Madhya Pradesh High Court has made an observation that the state government is constitutionally duty-bound to protect the interest of the tribal community concerned.“It is made clear that looking to the status of the petitioner being a member of the Scheduled Tribe community, it is expected that Principal...

Live Registration With Employment Exchange Not Essential For Public Employment Despite Such A Provision In Advertisement: Madhya Pradesh High Court

Madhya Pradesh High Court has recently iterated that live registration with employment exchange is not necessary for public employment, even if such a restriction is expressly given in the concerned advertisement.The single-judge bench of Justice Gurpreet Singh Ahluwalia observed that the moot question in this case is no longer res integra after the decision in Ram Singh Dhurvey v. The State...

MP High Court Dismisses Plea To Disqualify BJP MLA Jajpal Singh Over 'False' Caste Certificate, Imposes Rs.50K Cost On Election Petitioner

Madhya Pradesh High Court has recently dismissed an election petition filed against BJP MLA Jajpal Singh, alleging falsity of caste certificate and concealment of criminal case pending against him.Notably, the writ petition was filed by BJP leader Ladduram Kori after he lost a reserved seat in Ashoknagar constituency to Singh in 2018, when Singh was in Congress. In March 2020, Singh moved to...

Not A Place Within Public View, Calling Caste Name In Staffroom Not An Offence Under SC/ST Act: Madhya Pradesh High Court

Madhya Pradesh High Court has recently quashed criminal proceedings pending against the accused for abusing a person by caste name ‘Chamar’ in a school staffroom.The single-judge bench of Justice Vishal Dhagat observed that the abuses said to have been hurled at the complainant were not uttered in a ‘public place’. Therefore, the petitioners cannot be arraigned for offences under...

Leader Of Unrecognised Political Party Not Entitled To Govt House: Madhya Pradesh High Court

Madhya Pradesh High Court has recently dismissed a writ petition filed by the President of Jai Lok Party who sought allotment of a government house on the ground that his party is a duly registered political party.The single judge bench of Justice Vivek Agarwal observed that nothing on record indicates that Jai Lok Party is a ‘recognised' political party within the meaning of Section 2(1)(f)...

First Appellate Court Has Same Power As Trial Court To Issue Commission For Local Inspection: MP High Court

Madhya Pradesh High Court has recently underscored that the appellate court is equally empowered as the trial court under Section 107 CPC to issue a commission for the demarcation of suit property, even in the absence of a commission application by either of the parties.The single-judge bench of Justice Dwarka Dhish Bansal held that when the identity of the land is in dispute and demarcation...

Income Chargeable To Tax Escaping Assessment | Reassessment Proceedings Against Amalgamated Entity, MP High Court Quashes Order U/S 148A(d) Income Tax Act

Madhya Pradesh High Court has recently quashed reassessment proceedings initiated against a non-existent/amalgamated entity under Section 148 A of the Income Tax Act, holding that even the availability of alternative remedy has no bearing in such instances when the entity has ceased to exist pursuant to amalgamation.The division bench of Justices Sushrut Arvind Dharmadikari and Pranay Verma...

JJ Act | MP High Court Pulls Up Child Welfare Committee For Wrongly Rescuing School-Going Children From Hostel

Madhya Pradesh High Court has come down heavily on Child Welfare Committee, Alirajpur and other authorities for acting in excess of their powers while wrongly rescuing a group of school children from a hostel by resorting to Sections 41 and 42 of the Juvenile Justice Act, 2015 (JJ Act).The single-judge bench of Justice Subodh Abhyankar noted that these children were neither ‘children...