Ensure Strict Compliance With S. 14 SARFAESI Act For Giving Physical Possession Of Secured Asset To Financial Institutions: Allahabad HC To UP Govt

The Allahabad High Court has directed the Chief Secretary of the State of Uttar Pradesh to issue clear directions to all the concerned authorities in the State of Uttar Pradesh to strictly comply with the provisions of Section 14 of the SARFAESI Act, 2002.According to Section 14 of the SARFAESI Act, the banks/financial institutions and reconstruction companies have the right to take possession...

Entitlement Of Employee To Salary/ Pension Is Intrinsic Part Of His Rights To Life & Property Under Articles 21 & 300A: Orissa High Court

The Orissa High Court has held that entitlement of an employee or an ex-employee to his salary or pension, as the case may be, is an intrinsic part of his right to life under Article 21 and right to property under Article 300A of the Constitution. While allowing payment of interest on the arrears of a retired government employee, a Single Bench of Justice Sanjeeb Kumar...

Can't Compel Party To File Documents On Which It Did Not Rely Except For Certain Specific Eventualities Mentioned In CPC: Delhi High Court

The Delhi High Court has observed that no Court can compel a party to file documents on which the party did not choose to rely, save and except in respect of certain specific eventualities for which provisions are contained in the Code of Civil Procedure. Justice C Hari Shankar added that in any litigation, the choice of the documents which are to be brought on record is the sole prerogative...

Delay In Deciding Custody Cases May Prolong Harassment Of Minor Children: Madras High Court

The Madras High Court has observed that while dealing with matters relating to custody of minor children under the Guardians and Wards Act, the Courts have a duty to ensure that minor children are protected and their interests, vision and wishes are preserved to the maximum possible extent, giving them a better life. A Bench of Justices SM Subramaniam and Sathya Narayana Prasad...

Income Tax Penalty Can't Be Imposed For Committing Unintentional Error In Form-16: ITAT

The Pune bench of the Income Tax Appellate Tribunal (ITAT) consisting of S.S. Viswanethra Ravi (Judicial Member) and Inturi Rama Rao (Accountant Member) has ruled that the income tax penalty cannot be imposed for committing an unintentional error on Form-16. The appellant/assessee is an individual who filed a return declaring a total income of Rs. 5,39,360. A notice under section 143(2)...

Employees Should Not Be Permitted To Change Date Of Birth At The Fag End Of Their Service Career: Orissa High Court

The Orissa High Court has held that applications of employees to change their date of birth should not be entertained when they apply for the same at the fag end of their service career. A Single Judge Bench of Justice Sanjeeb Kumar Panigrahi observed, "Apart from the notification and the said guidelines, the Hon'ble Supreme Court in a series of cases have categorically laid down...

Prosecution For Customs Duty Evasion Can't Be Initiated As The Valuation Of The Goods Is Less Than Rs.1 Crore: Delhi High Court

The Delhi High Court has ruled that the prosecution of the petitioner cannot be initiated under Section 135(1)(a) of the Customs Act as valuation of the goods is less than Rs.1 Crore.The single judge bench of Justice Chandra Dhari Singh has observed that the department has not examined any witness to prove its case against the petitioner. The Court below while passing the summoning...

The Objection Regarding The Non-Applicability Of The MSMED Act To 'Works Contract' Is To Be Decided In Arbitration By The MSME Council: Calcutta High Court

The Calcutta High Court held that objections regarding the non-applicability of the MSMED Act to works contract can be decided in arbitration by MSME Council. The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj upheld the order of the Single Bench whereby the petitioner was referred to arbitration before the MSME Council with a direction...

No Stamp Duty Leviable On Award Of Compensation Passed By An Arbitrator Under Section 3G(5) Of The National Highways Act: Karnataka High Court

The Karnataka High Court has ruled that an award of compensation passed by an Arbitrator under Section 3G(5) of the National Highways Act, 1956 does not attract stamp duty. The Single Bench of Justice Suraj Govindaraj held that an award of compensation passed by the Land Acquisition Officer under the Land Acquisition Act or under any other similarly situated enactment, including...

Rape Case Against Actor Vijay Babu: Kerala High Court To Continue Hearing On Bail Application On Monday

The Kerala High Court on Friday observed that there was no bar to entertaining the application filed by Malayalam actor-producer Vijay Babu's plea for anticipatory bail merely on the ground that the applicant was not in India presently and was abroad.Justice Gopinath P was satisfied that since there was a reasonable apprehension of arrest, the applicant could file for anticipatory bail...

Supreme Court Upholds Delhi High Court's Order Of Restraining President, IOA To Conduct Special General Body Meeting

The Supreme Court on Friday dismissed SLP assailing Delhi High Court's order dated April 22, 2022 wherein the High Court had restrained the President, Indian Olympic Association from conducting the Special GBM which was scheduled to be held on April 25, 2022. The plea was listed before the vacation bench of Justices DY Chandrachud and Bela M Trivedi. The Delhi High Court had passed...

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer...