News Updates
Unregistered Agreement To Sell Being In Contravention Of Registration Act Can't Be Accepted For Establishing Possession Of Property: P&H High Court
The Punjab and Haryana High Court has held that an unregistered agreement to sell, being in contravention of the provisions of the Registration Act, 1908, cannot be accepted by the Court for granting possession in favour of the claimant party.The observation was made by Justice Alka Sarin while dealing with a revision petition filed by the Plaintiff-petitioners, claiming possession of the...
Delay In Filing Audit Reports Due To The Hospitalisation Of Accountant: ITAT Deletes Penalty
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the penalty for delay in filing audit reports due to the hospitalisation of the assessee's accountant. The two-member bench, led by R. S. Syal (Vice President) and Partha Sarathi Chaudhury (Judicial Member), concluded that the assessee had explained the reasonable cause through documentary evidence.The...
APP Vacancies: Karnataka High Court Directs State To Hold Recruitment Exam In Six Weeks
The Karnataka High Court has directed the state government to hold an examination for filling up the vacant post of Assistant Public Prosecutors in the state and declare the results thereof in six weeks. A division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi said,"Considering submission of AGA, we hereby provide six weeks further time to hold examination for the...
Additional Issues If Necessary Can Be Framed At Any Point Of Time In Trial: Punjab & Haryana High Court
The Punjab and Haryana High Court, while dealing with a petition challenging Trial Court's order vide which application by the plaintiff-petitioners for framing an additional issue was dismissed, held that an additional issue can be framed at any point of time during trial. The bench comprising Justice Alka Sarin however, upheld the Trial Court's order stating that the issues already...
Orissa High Court Dismisses PIL Seeking Cancellation Of India-South Africa T20 At Barabati Stadium
The Orissa High Court has dismissed the Public Interest Litigation (PIL) filed by one Sanjay Kumar Naik, seeking cancellation of T-20 International match between India and South Africa at Barabati Stadium, Cuttack. The match is scheduled to be held on 12th June 2022. A vacation Bench comprising Justice Sangam Kumar Sahoo and Justice Murahari Sri Raman dismissed the petition after...
Illegal Mining | 45 Days Period To Register FIR From Date Of Seizing Machinery Under Gujarat Mineral Rules, 2017 Is Mandatory: High Court
The Gujarat High Court has reiterated that registration of FIR within a period of 45 days from the date of seizing machinery allegedly involved in illegal mining activities is mandatory under Rule 12 of the Gujarat Mineral Rules, 2017, failing which, the authorities concerned would be liable to release the seized material.The Single bench of Justice Vaibhavi Nanavati relied on Nathubhai...
Kerala High Court Quashes Proceedings Against K.P Sasikala, SJR Kumar In Sabarimala Violence Case
The Kerala High Court recently dropped all charges against Hindu Aikya Vedi leader K. P. Sasikala and General Convenor of Sabarimala Karma Samithi SJR Kumar for purportedly triggering a dawn-to-dusk hartal in the State to protest the entry of women into Sabarimala temple in 2018.The said hartal had resulted in large-scale vandalism against which a PIL was moved before this Court to fix...
DJS 2022 | Reserved Category Candidate Can Rectify Bonafide Mistake Of Applying In General Category If No Prejudice Is Caused To Any Person: Delhi HC
The Delhi High Court has held that a person of a reserved category, committing a bona fide mistake of applying under General category for an examination should be given an opportunity to rectify the same, so long as their action does not cause prejudice to any person. In this case, the petitioner, who is currently posted as an Additional Civil Judge, Junior Division, Uttar Pradesh...
Actor Assault Case | Kerala High Court Dismisses Plea Challenging Appointment Of New Supervisor For SIT
The Kerala High Court on Tuesday dismissed the petition challenging the transfer of ADGP S. Sreejith from the post of Crime Branch chief and the supervising officer of the 2017 actor sexual assault case.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly dismissed the petition noting that the Court cannot interfere in the State's policy matters after the State submitted...
Entities Under Article 12 Expected To Fully Disclose Relevant Facts Regarding Property/ Assets For Fair Commercial Transactions: Delhi High Court
Observing that fairness of procedure is in public interest, the Delhi High Court has said that full disclosure of relevant facts and developments apropos a property or asset or a commercial entity, is expected for a fair commercial transaction, especially from entities under Article 12 of the Constitution of India. A division bench comprising of Justice Najmi Waziri and Justice Vikas...
Court Must Give Notice To Accused, Hear Him Before Condoning Delay In Filing Complaint U/S 138 NI Act: Tripura High Court
The Tripura High Court has made it clear that a court is required to issue notice to the accused and hear him before condoning the delay in filing a complaint under Section 138 of the Negotiable Instruments (NI) Act."...under Section 138 of the NI Act, if the original complaint is filed after the expiry of the statutory period, then, in such cases, before condoning the delay, according to...
Debarring Contractor From Participating In Any Contract Affects Right To Life, Prior Notice With Reasons For Blacklisting Is Must: Karnataka HC
The Karnataka High Court has said that blacklisting or debarring of a Contractor from participating in any contract has civil consequences and thus, prior notice indicating the reasons for blacklisting and debarment has to be communicated and on receiving reply, a final order may be passed.A single judge bench of Justice SG Pandit made the observation while setting aside the...