Appeals Against ITAT Order Will Lie Only Before The High Court Within Whose Jurisdiction The Assessing Officer Is Situated: Supreme Court

Settling a crucial issue, the Supreme Court, on Thursday, held that appeals against orders of Income Tax Appellate Tribunal (ITAT) will lie only before the High Court within whose jurisdiction the assessing officer is situated. The Apex Court clarified that even if the case is transferred in exercise of power under Section 127 of the Income Tax Act, which enables a higher authority...

[Delhi Riots] No Respect For Judicial Time, Public Money: Court Calls For Sensitization Of SPPs, IOs To Drop Irrelevant Witnesses, Imposes 5K Cost

A Delhi Court yesterday called for sensitization of special public prosecutors (SPPs) and investigating officers (IOs) for taking steps to drop irrelevant witnesses in the 2020 riots cases, rather than obtaining summons for them.Additional Sessions Judge Pulastya Pramachala also imposed Rs. 5,000 cost on the prosecution for calling an irrelevant and unrelated witness in a riots case, who...

Issuing Summons On Printed Proforma After Passing Hand Written Cognizance Order On Chargesheet Isn't Invalid: Allahabad High Court

The Allahabad High Court has observed that if the order of taking cognizance has been passed on the first page of the charge-sheet in the hand writing not by filling up the proforma then the summoning order carried on the order-sheet on printed proforma won't be invalid.The bench of Justice Mohd. Aslam clarified that if after taking cognizance of the police charge sheet by way of a written...

Bhima Koregaon Case : Supreme Court Asks Special NIA Court To Decide On Framing Charges Within 3 Months

The Supreme Court on Thursday asked the Special NIA Court to decide on framing charges in the Bhima Koregaon case within a period of three months. The Court also directed the NIA Court to decide the discharge applications filed by the accused in the case simultaneously.A bench comprising Justice UU Lalit and Justice Ravindra Bhat passed the direction while considering a petition field by...

"There Is A Lot Of Importance To Marriage For Women", Says Supreme Court While Allowing Wife's Plea To Set Aside Divorce Granted To Husband

While setting aside a divorce decree granted in favour of a husband, the Supreme Court on Thursday orally remarked that marital status is important for women in India given the social situation here. A Division Bench of Justices UU Lalit and Ravindra Bhat was considering a petition filed by the appellant wife seeking to challenge a divorce decree granted by the High Court on the ground...

Jahangirpuri Violence: Delhi High Court Refuses Anticipatory Bail, Says Accused Allegedly Tried To Create A "Rift Between Two Communities"

The Delhi High Court on Wednesday denied anticipatory bail to an accused in connection with the Jahangirpuri riots observing that his conduct was allegedly an "attempt to disturb the communal harmony of the area" by trying to create a "rift between two communities."Justice Swarana Kanta Sharma also noted that suspicious material was found on the terrace of his house during the riots and he...

Pharma Cos Distributed Rs 1000 Crore Freebies Among Doctors To Prescribe Dolo-650 Tablets : FMRAI Tells Supreme Court

On Thursday, the Federation of Medical & Sales Representatives Association of India informed the Supreme Court that the Central Board for Direct Taxes have accused the Pharma Company manufacturing DOLO tablets, a fever reducing drug, of distributing INR 1000 crore worth freebies to doctors for prescribing dosage of 650mg. Senior Advocate, Sanjay Parikh appearing on behalf of...

Non Joining Duty Vacancies Should Be Treated As Fresh Vacancies: Kerala High Court

The Kerala High Court on Tuesday held that the Non Joining Duty (NJD) vacancies that arose in the post of Preventive Officer at the Public Service Commission (PSC) after the amendment of Part III of Kerala State & Subordinate Service Rules (Special Rules) will have to be filled as per the amended Rules and not the erstwhile Rules. A Division Bench of Justice A.K. Jayasankaran Nambiar...

Merely Because Some Benefit Accrued To Litigant Due To Interim Order, They Cannot Claim Such Benefits When Litigation Ends Against Them: Gujarat HC

A recent order of the Gujarat High Court has clarified that merely because of some benefit has accrued to the litigant because of operation of interim orders, the litigant cannot claim such benefits when the litigation finally ends against them.Considering this well-settled principle of law, Justice Biren Vaishnav declined to entertain a second appeal challenging the order of the...

Delhi High Court Directs CBSE To Declare Result Of Class X Student Who Failed To Remit Fee Due To COVID Difficulties

The Delhi High Court, while taking into account the economic background and the effect of COVID-19 pandemic of a student, directed CBSE to declare his result of Class X student despite the fact that he had failed to remit fee to the school. Justice Sanjeev Narula acknowledged that under ordinary circumstances, attendance criteria must be met, as pre-condition for appearing in the...

Judges Can't Overstep Defined Jurisdiction & Expose Administration Of Justice To Individualistic Whims & Fancies: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Tuesday ruled that Section 107 and 108 read with Order 43 Rule 2 CPC does not empower an appellate court to mutate the very script of the suit before the trial court and create a new fact situation alien to the original lis and proceed on to carry forward its own perception-based outcome to a given civil suit. The bench comprising...

"Will Create A Lot Of Complications": Supreme Court Refuses To Issue Guidelines On Compensation For Victims Of Wrongful Prosecution

"This will create a lot of complications", the Supreme Court of India orally observed on Thursday, while considering petitions filed by lawyer Ashwini Upadhyay and BJP leader Kapil Mishra seeking a uniform compensation code for victims of wrongful prosecution. A Division Bench of Justices UU Lalit and Ravindra Bhat, observed, "This will create a lot of complications….This involves...