Action Of Recovery By Income Tax Dept. Was Without Jurisdiction: Rajasthan High Court Imposes Cost Of Rs. 50,000 On The Dept.

The Rajasthan High Court has imposed a cost of Rs.50,000 on the Income Tax department as the action of recovery was without jurisdiction. The division bench of Justice Prakash Gupta and Justice Sameer Jain has directed the Assessing Officer to issue a refund to the assessee along with interest as specified in law. The department was directed to adjust an excess of 20% of the...

S.207 CrPC | Can't Supply Documents To Accused If There Is Risk Of Disclosure Of Minor Victim's Identity, Can Only Permit Inspection: Calcutta HC

The Calcutta High Court while enumerating upon the scope of Section 207 of the CrPC which allows documents relied upon by the prosecution to be supplied to an accused, underscored that when there is a possibility of disclosure of identity of a minor victim of sexual offences then instead of supplying it would be expedient to allow the accused or his lawyer to inspect the said...

Offences Under Drugs & Cosmetics Act & Medical Practitioner Act Can't By Itself Bring Detenu Under Gujarat Prevention Of Anti-Social Activities Act: High Court

The Gujarat High Court while allowing the petition against the order of detention of the Petitioner has held that offences under Section 27 of the Drugs and Cosmetics Act and Sections 30 and 35 of the Gujarat Medical Practitioner Act by itself cannot bring the detenu within the fold of the Gujarat Prevention of Anti-Social Activities Act, 1985. The detenu had contested that...

High-Pitched, Unreasonable Reassessment Orders, Allahabad High Court Directs The Authorities To Take Action

The Allahabad High Court has directed the centre and the tax department to take action against officials for issuing high-pitched and unreasonable reassessment orders.The division bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has observed that the centre should ensure to establish a monitoring cell at the level of government or CBDT within a month if it has not...

CM Security Lapse: High Court Directs Delhi Police To Share Sealed Cover Status Report With CM Secretariat

In a petition seeking SIT probe into the attack and vandalization at the official residence of Delhi Chief Minister Arvind Kejriwal in March 2022, the High Court has directed the city Police to share the status report filed by it with respect to the ongoing investigation, alleged lapses on part of its officers, etc. with the CM Secretariat.It however expressed disinclination to share the...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index [May 23 - May 29] [ 2022 LiveLaw (SC) 521 to 27]

Aadhaar Act 2016 - UIDAI directed to issue Aadhaar cards to sex workers without insisting proof of residence. Budhadev Karmaskar v. State of West Bengal, 2022 LiveLaw (SC) 525 Arbitration and Conciliation Act 1996; Section 11(5), 11(6) - Delay in appointment of arbitrators - If the arbitrators are not appointed at the earliest and the applications under Sections 11(5) and 11(6) of...

"Bench Hunting": Rajasthan High Court Imposes 10 Lakh Cost On Medical Institute For Filing Petition By Concealing About Its Dismissal By Jaipur Bench

The Principal bench of Rajasthan High Court at Jodhpur has recently imposed a cost of Rs. 10 lakh on a medical institution for filing a writ petition, which came to be dismissed as withdrawn at Jaipur Bench on 26.04.2022. The present petition at the Principal Seat was filed on the very next day i.e. on 27.04.2022, without disclosing the facts of the former petition.Justice Vijay Bishnoi,...

Delhi High Court Takes Suo Moto Cognizance Of Poor Implementation Of Senior Citizens Act, Notices Issued To Delhi Govt, DM, SDMs

The Delhi High Court has taken suo moto cognizance over poor implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The proceedings in the nature of public interest litigation have been initiated by the Court on its own motion based on a May 23 letter of Advocate Neha Rai, who highlighted the current state of affairs regarding implementing the said Act.A...

Use Of Competitor's Trademark As Keyword For Promoting Business On Search Engines/ App Store Violates Rights Of Trademark Owner: Delhi High Court

The Delhi High Court has observed that the use of keywords for promoting a business using competitor's trademark would be violative of the rights of the trademark owner. Justice Pratibha M Singh was of the view that there would be no difference in the use of trade marks as a keyword on search engines as opposed to use as a keyword on App store searches."So long as the key words are being used...

Gujarat High Court Weekly Round Up: May 23 To May 29, 2022

NOMINAL INDEX Jaydev Mulubhai Jaju vs State Of Gujarat 2022 LiveLaw (Guj) 177 Hardasbhai Raymalbhai Gohil vs Sanjaybhai Arvindbhai Jabuani 2022 LiveLaw (Guj) 178 Shaileshgiri Mohangiri Meghnathi V/S State Of Gujarat 2022 LiveLaw (Guj) 179 Madrasa-E-Anware Rabbani Waqf Committee V/S Surat Municipal Corporation 2022 LiveLaw (Guj) 180 Rajendrakumar Manilal Jaiswal V/S State...

Patwari Recruitment: Rajasthan High Court Orders Reconsideration Of Answers To Two Questions, Consequential Changes In Final Answer Key & Result

The Rajasthan High Court has recently directed the Rajasthan Subordinate and Ministerial Service Selection Board to re-examine certain disputed questions pertaining to recruitment exam for the post of Patwari, from different experts.The Court ordered that based on the conclusion of such experts, the Board shall amend the final answer key and give effect to the marks obtained by the candidates...

Party Alleging Contempt Can't Call Upon Court To Interpret Judicial Order Differently From The Manner In Which It Reads: Delhi High Court

The Delhi High Court has observed that a party approaching the Court alleging contempt, cannot call upon the Court, in a contempt jurisdiction, to interpret the judicial order differently from the manner in which it reads and that only those directions which are plainly self-evident have to be taken into account to determine the violation or disobedience. Justice Jyoti Singh was dealing with...