Initiation Of Reassessment Proceedings By Income Tax Officer Without Jurisdiction: Delhi High Court Quashes The Proceedings

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma held that since the petitioner jurisdictional Assessing Officer is headquartered in Delhi, the income tax officer from Jaipur had no authority to send a notice proposing the beginning of reassessment proceedings. The petitioner/assessee challenged the order passed by the Income Tax Officer under Section 148A...

Mere Filing Of Curative Petition Is Not A Ground To Stay Proceedings Of Execution Petition: Orissa High Court Affirms

The Orissa High Court has confirmed the judgment of an Executing Court, which held that mere filing of curative petition does not constitute a ground to put a stay on the proceedings of execution petition.In light of the dispute between the parties in the present case, the Petitioners (State) had challenged the award and, thereafter filed an appeal in the Supreme Court. When the civil...

Spouse Sending Vulgar & Defamatory Letters, Levelling Unsubstantiated Allegations Amounts To "Cruelty": Punjab & Haryana High Court

The Punjab and Haryana High Court recently dismissed the appeal preferred by a woman, aggrieved by a decree of divorce granted in her husband's favour by a Family Court on grounds of desertion and mental cruelty.While discussing what constitutes "mental cruelty", the division bench comprising Justice Ritu Bahri and Justice Ashok Kumar Verma remarked,"Even if husband and wife are staying...

'Only For Ministerial Job': Calcutta HC Dismisses State's Challenge To NHRC Panel Despite Court-Appointed Committee For Post-Poll Violence Victims

The Calcutta High Court on Thursday observed that the National Human Rights Commission (NHRC) has not violated an earlier order of the Court for constitution of a three member committee to look into the complaints of displaced post-poll violence victims in West Bengal by constituting a team of 11 officers to assist in ministerial work. The Court had earlier constituted a three member committee...

Plaintiff Can Take A Plea Of Adverse Possession In A Suit For Declaration Of Title And For Recovery Of Possession: Madras HC

The Madras High Court has held that there is no bar under the Limitation Act on a plaintiff taking the plea of adverse possession in a suit for declaration of title and for the recovery of possession. Justice Teekaa Raman held that the age-old axiomatic of law that the plaintiff cannot raise the plea of adverse possession and that it can only be a defence of the defendant no longer holds...

Industrial Disputes Act | "Last Come First Go" Principle Can Be Departed By Employer Only After Recording Reasons In Writing: Orissa High Court

The Orissa High Court has held that the principle of "last come first go" cannot ordinarily be departed from by employers while retrenching labourers under the Industrial Disputes Act, 1947 (ID Act). While departing from the principle, it is a pre-condition that the employer has to record 'reasons in writing'. While dismissing writ petition by the employer (State), a Division Bench...

Advocates' Welfare Fund Scam: Accused Seek Pre-Arrest Bail, Kerala High Court Denies Interim Relief

Seven accused in the scam involving misappropriation of over ₹7.5 crores from the Kerala Advocates Welfare Fund have moved the Kerala High Court seeking anticipatory bail in the case When the matter was taken up today, Justice K. Babu refused to grant interim protection to the accused and posted the matter on Monday for disposal. By this time, the parties have been directed to produce...

Delhi Riots Larger Conspiracy Case: High Court Issues Notice On Meeran Haider's Plea Challenging Trial Court Order Refusing Bail

The Delhi High Court on Friday issued notice on the appeal filed by Meeran Haider challenging the Trial Court order denying him bail in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA.A division bench comprising of Justice Mukta Gupta and Justice Mini Pushkarna granted four weeks' time to the prosecution for...

Situation In Alappuzha District Still "Volatile": Plea To Prohibit Upcoming PFI, Bajrangdal Marches, Kerala High Court Seeks State's Response

The Kerala High Court on Thursday sought a response from the State government on a plea that prayed for a prohibition on public conferences, marches, mass drills and motorcycle rallies as part of 'Jana Maha Sammelanam' proposed to be conducted by the Popular Front of India (PFI) this Saturday in the Alappuzha district. Justice N. Nagaresh asked the Government Pleader to get instructions on...

Right To Lead Evidence May Be Closed If Party Acts In 'Recalcitrant Fashion', Unjustifiably Refuses To Produce Witnesses For Examination: Delhi HC

The Delhi High Court has observed that where a party is acting in a recalcitrant fashion, and refusing to make the witness available for examination or cross- examination on repeated occasions without due justification, the court may close the party's right to lead evidence.Justice C Hari Shankar added that while it is a matter of Court's discretion which takes a call on the request of the...

Orissa High Court Orders Probe Into Death Of Woman & Her Baby Due To Alleged Medical Negligence In 2015

The Orissa High Court on Tuesday ordered a probe into the alleged death of a woman and her baby in 2015, who died allegedly due to 'medical negligence'. A petition was filed by the father-in-law of the woman, who not only lost her baby due to an intra-uterine death but herself died while receiving treatment on 25th March, 2015. The petitioner submitted that the death of the baby as...

Preventive Detention Cannot Be Made By Stating Vague Grounds: Jammu And Kashmir High Court

The Jammu and Kashmir High Court recently quashed an order for detention while observing that detention in preventive custody on the basis of such vague and ambiguous grounds of detention cannot be justified. Justice Vinod Chatterji Koul observed: "Perusal thereof reveals that same are vague and ambiguous, and do not refer to any date, month or year of the activities, which have...