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Income Tax Act | No Order Can Be Passed U/S 148A(d) Without Taking Into Consideration Reply Filed By Assessee To Notice U/S 148A(b): Meghalaya HC
A Division Bench comprising of Chief Justice Sanjib Banerjee and Justice W. Diengdoh of Meghalaya High Court has held that no order can be passed under Section 148A(d) of the Income Tax Act, 1961, without taking into consideration reply filed by an assessee to the initial notice issued under Section 148A(b).Section 148A provides that the Assessing Officer shall, before issuing any...
Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citations 488 to 516) (May 16 - May 22, 2022)
Arbitration and Conciliation Act, 1996; Section 20 - The appointment of a new arbitrator who holds the arbitration proceedings at a different location would not change the jurisdictional 'seat' already fixed by the earlier or first arbitrator. The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held - Once the jurisdictional...
BREAKING| Kerala Court Finds Husband Kiran Kumar Guilty In Vismaya Dowry Death Case
A trial court in Kerala on Monday pronounced its long-awaited verdict in the sensational dowry death case where 22-year-old Vismaya V Nair was found dead at her in-laws' house allegedly of suicide due to dowry harassment and domestic violence in June 2021.Kollam Additional Sessions Judge Sujith KN found Vismaya's husband Kiran Kumar, who is the sole accused in the case, guilty of the crime....
Delhi Riots Larger Conspiracy Case: High Court Issues Notice On Bail Plea Of Mohd. Saleem Khan
The Delhi High Court on Monday issued notice on the bail plea of Mohd. Saleem Khan in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA.A Bench of Justices Mukta Gupta and Mini Pushkarna has posted the matter for hearing on July 20. Advocate Mujeeb ur Rehman appeared for Saleem Khan.Khan was denied bail by a...
Calcutta High Court Weekly Round-Up: May 16 To May 22, 2022
Nominal Index [2022 LiveLaw (Cal) 177 To 2022 LiveLaw (Cal) 200]Rajinder Lohar v. The State of West Bengal 2022 LiveLaw (Cal) 177Aniruddha Prasad Singh @ Sinha v. The State of West Bengal 2022 LiveLaw (Cal) 178In the matter of: Parimal Sardar@Parimal Sikdar 2022 LiveLaw (Cal) 179Md Jamiruddin v. Union of India & Ors 2022 LiveLaw (Cal) 180Sova Rani Misra v. The State of West Bengal ...
Inadvertent Mistake By Court While Adjourning Matter Can't Take Away Valuable Right Of Party To Lead Evidence: Punjab & Haryana High Court
Punjab and Haryana High Court while dealing with a revision petition filed under Article 227 of the Constitution of India challenging the order of the Trial Court which instead of adjourning the case for plaintiff's evidence, fixed it inadvertently for rebuttal evidence, held that the plaintiff-respondent cannot be deprived of her valuable right of leading evidence in the affirmative...
Ensure Strict Compliance With RERA On Transfer Of Apartment Common Areas: Orissa High Court Directs Inspector General Of Registration
In a significant order, the Orissa High Court has directed the Inspector General of Registration (IGR) to ensure strict compliance with the provisions of the Real Estate Regulatory Authority Act (RERA) and Rules made thereunder, until the apparent conflict between certain provisions of the RERA and the Odisha Apartment Ownership (Amendment) Rules, 2021 is reconciled. The...
Ex- Personnel Of Armed Force Reemployed In Govt. Services Not Entitled To Pay Scales At Par With His Last Drawn Pay: Supreme Court
The Supreme Court observed that an Armed Forces employee on reemployment in government service is not entitled to his pay scales at par with his last drawn pay in Armed Force.The reference to the last drawn pay in the armed forces is only to ensure that the pay computed in the civil post in the manner envisaged in para 8 of Central Civil Services (fixation of Pay of ReÂemployed...
Past Service Not Forfeited For Calculation Of Pensionary Benefits If Subsequent Govt Job Is Taken With Permission From Competent Authority: Madras HC
The Madras High Court has held that a resignation shall not entail forfeiture of past service if it has been submitted with proper permission to take up another Government appointment, where service qualifies. In such circumstances, the period of service in the previous employment shall be taken into consideration for calculating the pension benefits under Tamil Nadu Pension...
S. 108 Customs Act | Managing Directors Of Companies To Be Summoned Only When Authorized Representatives Are Not Cooperating: Gauhati High Court
The Gauhati High Court has held that the Managing Director(s) of a company should not be directly summoned by authorities under Section 108 of the Customs Act. It clarified that ordinarily, authorized representatives of a company are to be summoned and Managing Directors can only be summoned if the former are not cooperating or if investigation is to be completed expeditiously, as the...
Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge (Sr. Divn.), Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement after...