Latest News
Gain Or Loss Arising Out Of Change In Foreign Exchange Rate Can Be Treated As An Income Or Loss After Computation: ITAT
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) has held that the gain or loss arising out of a change in the foreign exchange rate can be treated as an income or loss provided that it is computed in accordance with the Income Computation and Disclosure Standards (ICDS) notified under section 145(2) of the Income Tax Act, 1961. The two-member bench of George George...
"Safe Harbour" Protection Available To Intermediaries Qua Criminal Prosecution Unless 'Active Role' Is Disclosed In Commission Of Offence: Delhi HC
The Delhi High Court has observed that unless an active role is disclosed in the commission of the offences as complained of, an intermediary would be entitled to claim protection under Section 79 of the Information Technology Act, 2000. The provision exempts liability of intermediary in certain cases. It states that an intermediary shall not be liable for any third party information, data,...
"Need Of The Hour": Delhi High Court Calls For Advertisement Of Special Cells Constituted For Protection Of Inter-Faith Couples
The Delhi High Court on Wednesday called for sensitisation and advertisement of district special cells constituted in the city for providing protection to the inter-faith married couples, observing that it was the "need of the hour" to do so. Justice Jasmeet Singh was dealing with a plea filed by NGO Dhanak of Humanity which was approached by an inter-faith couple, seeking shelter in a...
Court Can Suo Motu Reject A Plaint Under Order VII Rule 11 CPC : Supreme Court
The Supreme Court observed that a Court has power to reject a plaint suo motu invoking its powers under Order VII Rule 11 of the Code of Civil Procedure, 1908.The Court has to hear the plaintiff before it invokes this power, the bench of Justices KM Joseph and Hrishikesh Roy added, noticing that Order VII Rule 11 does not provide that the court is to discharge its duty of rejecting the...
Allahabad HC Rejects Layout Plan Of Chandrashekhar Azad Park In Prayagraj Made By Pvt Surveyor, Orders State To Devise Fresh Plan
The Allahabad High Court on Tuesday rejected a layout plan of the Amar Chandrashekhar Azad Park in Prayagraj District made by a private Land Surveyor Project Consulting Engineer and directed the State Government to come up with a fresh layout plan.[NOTE: This Park (Amar Shaheed Chandrasekhar Aazad Park) assumed historical importance in the year 1931 when great revolutionary and pioneer of...
Illegal Demand Of Income Tax Mechanically- Allahabad High Court Imposes Cost Of 50 Lakhs On Income Tax Authorities
The Allahabad High Court has directed that the Union of India or other authorities under the Income Tax Act, 1961 shall not interfere with the quasi-judicial functions and discharge of statutory duties by the Assessing Officers unless permitted by the Income Tax Act. Further, the High Court directed the Union of India to put in place a mechanism to ensure that the information fed...
Judicial Order Refusing Permission To Travel Abroad Is "Interlocutory" In Nature & Not Revisable, Can Be Challenged U/S 482 CrPC: Punjab & Haryana HC
The Punjab and Haryana High Court has held that a judicial order refusing permission to travel abroad would qualify as an "interlocutory order" and thus, revision against the same is barred under Section 397(2) of CrPC.The provision states that powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial, or other proceedings.In this...
Negotiable Instruments Act | Delay In Disposal Of Case Not Ground To Grant Interim Compensation U/S 143A: Karnataka High Court
The Karnataka High Court has said that delay in disposal of case filed under Section 138 of the Negotiable Instruments Act cannot be a ground to grant interim compensation under Section 143A of the Act. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Padmanabha T G and quashed the order dated 09.11.2021 directing the petitioner to pay 10 percent of...
Candidates Can't Claim As A Matter Of Right That Recruitment On Any Govt Post Should Be Made Every Year: Allahabad High Court
The Allahabad High Court has observed that candidates cannot claim as a matter of right that recruitment on any post should be made every year. With this, the Court denied relief to certain over-aged Assistant Prosecution Officer Exam - 2022 candidates.The bench of Justice Saurabh Shyam Shamshery also emphasized that due to inaction on the part of the State Government in not filing the...
Allopathy Doctors' Suit: High Court Asks Baba Ramdev To Not Mislead Public, Preserve Ayurveda's Esteem
The Delhi High Court on Wednesday told Baba Ramdev that while he is welcome to have followers and people who believe in what he says, however, the public at large must not be mislead by making statements against allopathy. The court also asked the yoga guru to refrain from saying anything more than what was official, while speaking in favour of Patanjali's product Coronil.Expressing concern...
Pre-Institution Mediation Under Section 12A Commercial Courts Act Is Mandatory; Suits Filed Violating This Liable To Be Rejected : Supreme Court
In a judgment having far reaching impact in commercial litigations, the Supreme Court on Wednesday declared that Section 12A of the Commercial Courts Act, which mandates pre- institution mediation, is mandatory and suits which are filed violating this mandate are liable to be rejected at the threshold under Order VII Rule 11 of the Code of Civil Procedure.The Court has however made...