UP Govt Discontinues Engagement Of 841 Government Lawyers Working In Allahabad High Court

The Uttar Pradesh government on Monday issued an order discontinuing the services of 841 government lawyers appointed in the Allahabad High Court. While 505 state law officers have been removed from the principal bench of the Allahabad High Court at Prayagraj, 336 government lawyers have been discharged from the Lucknow bench.In an order issued by Nikunj Mittal, Special Secretary, Law and...

NGT Orders Removal Of Temple Structure From Govt Land Meant For 'Open Space'

The National Green Tribunal has held that construction of a temple on a government land meant for maintaining 'open space' amounts to encroachment and must be removed. The observation was made while deciding an application moved against alleged illegal construction of a 'Barat Ghar' at a park in Ghaziabad by the private respondent.To ascertain the veracity of allegations, the NGT had...

Section 482 CrPC - Interim Reliefs/Stay Of Investigation Can Be Granted Only In The Rarest Of Rare Cases : Supreme Court

The Supreme Court reiterated that a High Court while exercising powers under Section 482 CrPC, can grant stay of investigation or any other interim relief only in the rarest of rare cases. The bench observed thus while setting aside orders passed by Gujarat High Court while considering petitions filed under Section 482 CrPC read with Article 226 of the Constitution granting interim...

Rajasthan Stamp Act | Duty Can't Be Levied On Transaction Not Having 'Territorial Nexus' With State: High Court

The Rajasthan High Court recently set aside a single bench decision which permitted levy of duty under the Rajasthan Stamp Act, 1998 on an amalgamation instrument executed outside the State pursuant to sanction of Himachal Pradesh High Court, not only in relation to properties situated in Rajasthan, but also on the transfer of shares.A division bench comprising Justices Manindra Mohan...

Kerala High Court Lays Down Two Modes To Appoint Sole Arbitrator, Says Appointment Via Any Other Mode 'Ex Facie Bad'

The Kerala High Court on Tuesday held that a sole arbitrator can only be appointed either by a High Court or by an express agreement in writing between the parties in dispute, in the post-2015 amendment era of the Arbitration and Conciliation Act. Justice C.S. Dias also ruled that a sole arbitrator appointment through any other mode will be de jure ineligible to act as an arbitrator and that...

Delhi High Court Monthly Digest: July 2022 [Citations 599 - 727]

NOMINAL INDEXCitations 2022 LiveLaw (Del) 599 To 2022 LiveLaw (Del) 727Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 599Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 600SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw (Del) 601JOHNSON JACOB v. STATE 2022 LiveLaw (Del) 602DHRUV TEWARI v. DIRECTORATE OF ENFORCEMENT 2022 LiveLaw (Del) 603Gulati Enterprises...

Right To Change Name Is A Facet Of Fundamental Right Under Article 19(1) (a) Of Constitution Of India: Allahabad High Court

The Allahabad High Court has recently observed that the right to change the name is a facet of a fundamental right as guaranteed under Article 19(1) (a) of the Constitution of India and that such a right cannot be denied. Essentially, the bench of Justice Pankaj Bhatia observed this while hearing the plea of a lady (named Rajni Shrivastava) who wanted to change her name to 'Rashmi...

Workmen Challenging Their Alleged Termination Can Be Directed To Deposit Ex-Gratia Compensation Until Final Disposal: Gujarat High Court

The Gujarat High Court has held that where the disengagement of workmen by an employer is under dispute, the former claiming illegal termination and the latter asserting voluntary resignation arrangement, the Labour Court may direct deposit of ex-gratia amount in the interim.Justice Biren Vaishnav thus upheld a Labour Court's decision directing the workmen to deposit the ex-gratia amount...

E-Invoicing Mandatory For Businesses With Annual Turnover Of More Than Rs.10 Crores: CBIC

The Central Board of Indirect Taxes and Customs (CBIC) has made e-invoicing mandatory for businesses with a turnover of more than Rs. 10 crores.The Board empowered under sub-rule (4) of rule 48 of the Central Goods and Services Tax Rules, 2017 amended the notification no. 13/2020 – Central Tax, dated the 21st March, 2020. The notification sought to exempt certain classes of...

Impossible To Pay Off KSRTC's Recurring Liabilities Unless All Stakeholders Act In Unison: Kerala High Court

The Kerala High Court on Tuesday, while hearing the plea moved by the KSRTC employees alleging that they were not being paid salary promptly, pulled up on the Employees Unions for continuing the strikes despite assuring the Court that the strikes would be called off. Justice Devan Ramachandran opined that unless KSRTC, Government and the employees act in unison, it would be impossible to...

Right To Cross Examination Cannot Be Denied To Accused For Failure To Deposit Interim Compensation U/Sec 143A NI Act: Supreme Court

The Supreme Court observed that right to cross-examine the witnesses examined on behalf of the complainant cannot be denied to an accused for his failure to deposit interim compensation under Section 143A of Negotiable Instruments Act."Any such order foreclosing the right would not be within the powers conferred upon the court and would, as a matter of fact, go well beyond the...

Lands Re-Purchased Not To Be Mandatorily Agricultural On The Date Of Re-Investment: ITAT Allows Capital Gain Exemption

The Pune Bench of theIncome Tax Appellate Tribunal (ITAT), consisting of Satbeer Singh Godara (Judicial Member) and Dipak P. Ripote (Accountant Member), has ruled that the legislature has nowhere incorporated that for claiming the deduction under section 54B of the Income Tax Act, the lands re-purchased have to be agricultural on the date of re-investment.The appellant/assessee has...