35 Notable Judgments Delivered By Justice Vineet Saran

Justice Vineet Saran, who retired as a Judge of the Supreme Court on 10th May 2022, had been instrumental in developing jurisprudence of various aspects of law. He has authored and delivered multiple landmark verdicts during the span of almost 4 years of his judgeship at the Apex Court. From being part of Division Benches to penning down orders for the Constitution Benches, he has...

Investigating Officer Can't Change Stand Or Rely On Material Not Forming Part Of Chargesheet To Arraign The Accused: Gujarat High Court

While quashing the FIR registered against the Applicant for offences under Sections-66(1)b, 65AE, 116(2), 81, 98 and 99 of the Gujarat Prohibition Act, the Gujarat High Court has held that it is not open for the Investigating Officer to rely upon other material which was not a part of the chargesheet to allege that the Applicant was involved in the crime in in question. The Applicant...

New ITR Forms Issued For Assessment Year 2022-23: Know 6 Additional Information Which Taxpayers Will Now Have To Give

The Income Tax Department recently announced new ITR (Income Tax Return) forms for the assessment year 2022–23. The information which the taxpayers will now have to disclose is the source of pension, interest received from the EPF account, date of purchase or sale of land, and many other items. If you are not aware of these changes, then you may face difficulties in filling...

Person Invoking Article 226 Jurisdiction Must Come With Clean Hands, Must Disclose Complete & Correct Facts: Delhi High Court

The Delhi High Court has observed that a person approaching the High Court under Article 226 of the Constitution must come with a pair of clean hands, adding that there must be disclosure of full, complete and correct facts.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla also observed that a petitioner should not suppress any material facts and also...

Failure Of Customs Broker To Observe Due Diligence Leading To Facilitate Fake Importers: CESTAT Revokes Licence

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) affirmed the revocation of the customs broker's licence because the customs broker failed to conduct due diligence, allowing fake importers to operate.The two-member bench of S.K. Mohanty (Judicial Member) and P. Anjani Kumar (Technical Member) observed that the institution of customs brokers was created...

Waiver Under Section 12(5) Of A&C Act Has To Be By An Express Agreement In Writing: Delhi High Court

The Delhi High Court has ruled that any right under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act), that deals with the ineligibility of certain persons to be appointed as an arbitrator, can be waived of only by an express Agreement in writing entered into after the disputes had arisen between the parties. The Single Bench of Justice Vibhu Bakhru dismissed...

Pendency Of Commercial Cases: Supreme Court Expresses Dissatisfaction At Allahabad HC Report; Asks UP Govt To Consider Proposal For Additional Courts

The Supreme Court has directed the UP State Government to consider the proposal made by the Allahabad High Court to create additional commercial courts in four districts and take a final decision within a period of four weeks.The direction has been made considering submission made by the counsel appearing on behalf of the Allahabad High Court, under the instruction from the Registrar...

Someone's Hate Consumed Gandhi's Body But Not His Love For Humanity: Allahabad HC Endorses 'Ganga-Jamuni Tehzeeb'

Someone's Hate Consumed Mahatma Gandhi's Body But Not His Love For Humanity: Allahabad HC

Personal Hearing By Way Of Exchange Of Chat Messages Not An Effective Opportunity Of Personal Hearing: Calcutta High Court

The Calcutta High Court has ruled that personal hearing conducted by way of exchange of chat messages cannot be said to be an effective opportunity of personal hearing to the assessee and that it does not satisfy the test of fairness or the principles of fair play. The Bench, consisting of Justices T.S. Sivagnanam and Hiranmay Bhattacharyya, reiterated that the moment...

Supreme Court Grants Liberty To 268 Jhuggi Dwellers Of Rajiv Gandhi Camp To File Representation Before DUSIB For Relocation & Rehabilitation

The Supreme Court recently permitted 268 Jhuggi dwellers who are members of Rajiv Camp Saidabad to file a representation before the Delhi Urban Shelter Improvement Board for relocation and rehabilitation. The bench of Justices LN Rao, BR Gavai and AS Bopanna also permitted the members to produce evidence to show that they are entitled to relocation and rehabilitation in terms of...

Motivated To Earn Profit: Calcutta HC Dismisses Bus Operators' Plea Seeking Right To Determine Fares

The Calcutta High Court has recently dismissed a plea moved by Bus and Minibus Operators' Associations seeking the operators' right in the matter of determination of fares in a manner proportionate to hike of the market price of fuel on the ground that such fixation of fares lies squarely within the authority of the executive. The plea filed contended that the provisions of Section 67 of...

Advocate Utters 'Ugly & Harsh' Words Before Presiding Officer-MACT: Allahabad High Court Issues Contempt Notice

The Allahabad High Court has issued a contempt notice to an advocate who used ugly and harsh words in the court of the Presiding Officer/ District Judge, Motor Accident Claims Tribunal, Hardoi, in December 2021.The Bench of Justice Arvind Kumar Mishra-I and Justice Manish Mathur found that prima facie, the act of the advocate (Sharad Kumar Gupta) scandalizes or tends to scandalize and lower...