News Updates
No Opportunity Of Personal Hearing Granted To Taxpayer: Delhi High Court Quashes Assessment Order
The Delhi High Court bench of Justice Rajiv Shakdher and Justice Talwant Singh has quashed the assessment order as an opportunity of personal hearing was not granted to the taxpayer.The petitioner/assessee had filed his return of income for AY 2018-2019 on 31.03.2019. The petitioner pegged his taxable income at Rs. 29,66,880. The Assessing Officer picked up the petitioner's...
'Bangladeshi National': Calcutta HC Dismisses TMC Leader's Plea Against 2021 Assembly Election Result, Orders ECI To Take Action
The Calcutta High Court on Friday rejected the election petition of TMC leader Alorani Sarkar challenging the Bangaon Dakshin Assembly result in the 2021 Assembly elections on the ground that she has dual citizenship as her name also appears in the voters' list in neighbouring Bangladesh.The Court further directed the Election Commission of India for taking necessary action in respect of...
Successive Govt Can Review Policy Decision Of Erstwhile Govt But Must Avoid Waste Of Resources: Madras High Court
The Madras High Court has held that if a decision taken by an erstwhile Government is good to the public and the society at large, the successive Government can very well continue the project, if it is yet to be completed or half way through, for which further financial support is required.Justice R Suresh Kumar said, "If the erstwhile or the previous Government has taken a decision...
Authorized Officer Under Indian Forest Act Has To Afford An Opportunity To Both Parties To Cross Examine Each Other's Witness: J&K&L High Court
The Jammu and Kashmir High Court recently upheld the revisional court's order that had set aside the order of the Authorized Officer of the Forest Division for seizure of an offending vehicle, while observing that both prosecution and accused parties need to be given opportunity to cross examine each other's witness. Justice Sanjay Dhar observed that it is incumbent on...
Punjab & Haryana High Court Stays Arrest Of Proclaimed Offender, Says His Approaching The Court On Own Establishes His Bonafide
The Punjab and Haryana High Court recently stayed the arrest of a man, who was declared a proclaimed offender by the trial Court, while directing him to surrender before the Court with a stipulation that he shall be released on bail on the same day, subject to furnishing bail bonds and other appropriate additional conditions.The peculiar order was passed in light of the fact that the...
Orissa High Court Upholds Life Term Of Man Accused Of Killing Cousin-Brother After State Govt Remitted His Sentence
The Orissa High Court has confirmed the conviction and the ensuing life term imposed on a man for committing murder of his cousin-brother. While dismissing the appeal filed by the accused against his conviction, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik found no reason to interfere with the reasoned order of the Trial Court.However, it...
Madras High Court Keeps In Abeyance Single Judge Order Allowing Two Sects To Chant Recitals In Temple
The Madras High Court on Friday kept in abeyance the order of the Single judge allowing two sects- Thengalai sect and the Vadagalai Sect to chant the initial recital namely Srisaila Dayapathram. at the Devarajaswamy temple in Kancheepuram. The single judge had passed the order in a writ petition questioning the validity of notices issued by the Assistant Commissioner/Executive Trustee...
SSC Recruitment Scam: Calcutta HC Dismisses WB Minister Partha Chatterjee's Appeal Against Order For CBI Interrogation, Remarks On Removal Of Minister To Be Treated As 'Obiter'
The Calcutta High Court on Friday dismissed an appeal moved by West Bengal Minister Partha Chatterjee challenging an order of a single Bench that had directed him to appear before the CBI in connection with the alleged irregularities in appointments of Group-C and Group-D posts (non-teaching staff) in the state government-run schools in West Bengal on the purported recommendation of the...
NCB Officers Are Police Officers U/S 25 Of Evidence Act, Confessional Statement Made To Them U/S 67 NDPS Act Inadmissible: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently held that the officers of the Narcotics Control Bureau are police officers within the meaning of Section 25 of the Evidence Act. Having held so, Justice Mohan Lal noted that a confessional statement recorded under Section 67 of the NDPS Act would remain inadmissible in the trial for an offence under the NDPS Act. The petitioner had moved...
Gujarat High Court Exonerates Company Directors For Belated Filing Of Statement Of Affairs U/S 454 Of Companies Act 1956
The Gujarat High Court recently exonerated the Directors of a Company, undergoing liquidation, over their failure to submit the Statement of Affairs of the Company with the Official Liquidator within stipulated period of 21 days from the date of winding up, under Section 454 of the Companies Act, 1956.Whereas the alleged delay in filing the statement was of 3 years, Justice Bhargav Karia...
In Case Depending Largely Upon Circumstantial Evidence, There Is Always Danger That Conjecture May Take Place Of Legal Proof: Uttarakhand High Court
The Uttarakhand High Court has recently held that in a case depending largely upon circumstantial evidence, there is always a danger that conjecture or suspicion may take the place of legal proof. A Division Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice Ramesh Chandra Khulbe noted that,"The law is well settled that each and every incriminating circumstance must be...