News Updates
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...
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...
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...
Former UP AAG Jyoti Sikka's Appeal Against Single Judge's Adverse Remarks: Allahabad HC Asks Her To Approach Same Judge
Hearing an appeal filed by Former Additional Advocate General, Uttar Pradesh Jyoti Sikka challenging an order of the Single Judge containing adverse remarks made against her, the Allahabad High Court has asked her to approach "that very judge" who passed the order to seek redressal of her grievance. The Bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi further requested...
Tajinder Bagga Arrest Row: High Court Seeks Delhi Police's Response On Plea By Punjab Police Challenging Abduction FIR
The Delhi High Court on Tuesday sought response of the city police on a plea filed by Punjab Police seeking quashing of an FIR for allegedly abducting BJP leader Tajinder Pal Singh Bagga from his residence, earlier this month.A single judge bench comprising of Justice Anu Malhotra granted four weeks time to the respondents for filing of the response while posting the matter for further hearing...
State Is Trustee Of All Natural Resources, Must Be Conscious To Maintain It: Rajasthan HC On Illegal Mining, Encroachment In Forests; Appoints Amicus
The Rajasthan High Court, Jaipur has recently directed the State to ensure compliance of law and prevent illegal mining, encroachments etc. in the Forests, Wild Life Sanctuaries, Forest Reserves, Tiger Reserves, etc. situated at Ranthambore, Sariska, Nahargarh, Jhalana and other forest reserves. In a batch of writ petitions concerning the issue, the court noted that it is a...
Abscondence Of Accused By Itself Cannot Be Treated As Conclusive Evidence Of Guilt: Calcutta HC Acquits Man Convicted Of Murdering 10 Yr Old Boy
The Calcutta High Court has recently held that the abscondence of an accused by itself does not establish his guilt and accordingly proceeded to set aside an order of conviction for the commission of the offence of murder under Section 302 of the IPC. A Bench comprising Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay was adjudicating upon an appeal preferred against an order...