News Updates
Bombay High Court Directs Assessee To Pay Rs.25,000 to Assessing Officer As The Stay Order Was Not Proactively Communicated
The Bombay High Court bench of Justice K.R.Shriram and Justice N.R.Borkar held that the petitioner should have been proactive and promptly communicated the stay granted by the Court to the Assessing Officer so that he would have had enough time to make enquiries with his advocate and also check on the website about orders passed. The Assessing Officer, G.S. Naveen Kumar, filed...
Reassessment Order Not Valid If Notice By Assessing Authority Is Without Jurisdiction: Allahabad High Court
The Allahabad High Court bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has ruled that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared without jurisdiction, the subsequent proceedings, including the re-assessment order, cannot be sustained. The petitioner/assessee submitted an objection to the "reason...
Convict Under POCSO Act Not Barred From Seeking Parole, Discretion Vested In Competent Authority To Grant It Under 'Special Circumstances': Delhi HC
The Delhi High Court has reiterated that a convict under the Protection of Children from Sexual Offences Act, 2012 is not barred from seeking parole, as discretion has been vested in the Competent Authority to grant parole to such a convict under "special circumstances".Justice Asha Menon added that while there is no doubt true that the Legal Services Authorities at all levels endeavour...
Allahabad High Court Issues Non-Bailable Warrant Against NOIDA CEO Ritu Maheshwari In Contempt Plea
The Allahabad High Court on Thursday issued a non-bailable warrant against the Chief Executive Officer of New Okhla Industrial Development Authority (NOIDA) and IAS Officer Ritu Maheshwari after she failed to appear in court in a contempt case related to land acquisition. The Bench of Justice Saral Srivastava has directed the police to arrest her and present her in court for the...
No Guidelines In IPC For Awarding Rigorous/ Simple Imprisonment, Discretion Must Be Exercised Based On Mitigating & Aggregating Factors: Jharkhand HC
The Jharkhand High Court recently held that though the Indian Penal Code does not provide any guideline as to when a person may be directed to undergo simple imprisonment or rigorous imprisonment, however, the Court while passing an award must exercise its discretion judiciously.Justice Shree Chandrashekhar observed,"Courts are required to decide quantum of punishment on the basis of...
Foreign Creditors Can't Be Treated Differently From Domestic Creditors In Modern Times Of Globalization: Delhi High Court
"In the modern times of globalization, foreign creditors cannot be treated differently from domestic creditors," the Delhi High Court has observed.Justice Amit Bansal observed thus while dealing with an application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) on behalf of the applicant (defendant no.2) seeking rejection of the plaint.Between 16th July, 2013 and...
"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement
"It is trite law that a party should not suffer due to the in action on the part of the advocate and that the matter should be decided on merits rather than on technical ground", the Gujarat High Court has affirmed while hearing a petition under Art 227 to open the right to file written statement which was closed on 1st May 2012. The Petitioner herein submitted that the Respondent...
'Indicates Towards Lawlessness': NHRC Notice To Telangana Govt Over Alleged Honour Killing Of A Dalit Man For Interfaith Marriage
The National Human Rights Commission on Friday took suo moto cognizance of media reports regarding alleged honour killing of a 25 years old man at Saroornagar in Hyderabad.Taking note of the gruesome incident that happened in broad daylight, the Commission has issued notices to the Chief Secretary and Director General of Police, Telangana calling for a detailed report in the matter within...
'Draconian, Disastrous': Madras High Court Quashes MCI Order Cancelling Admissions Of 778 Medical Students
The Madras High court recently set aside the order of the Medical Council of India (MCI) and the Government of Puducherry (GOP) cancelling the admissions of 778 students in the MBBS course on the ground that their admission to these course was made illegally, without following merit. The bench of Justice Krishnan Ramasamy made the orders on a batch of writ petitions filed by...
"Advocate General's Office Can't Be Left Vacant": Allahabad HC Directs UP Govt To Take A Decision To Appoint AG By May 16
Dealing with a Public Interest Litigation (PIL) plea concerned with the appointment of the Advocate General in the State of Uttar Pradesh, the Allahabad High Court has directed the State Government to take a decision in this regard by May 16, 2022.The bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi further stressed that the office of Advocate General cannot be permitted...
Police Sub-Inspector Recruitment Scam: Candidates Move Quashing Petition Before Karnataka High Court
Two accused named in the alleged Police Sub Inspector (PSI) recruitment scam have approached the Karnataka High Court, seeking to quash the First Information Report (FIR) registered against them on April 30. The accused Rachana Hanumantha and Jagrut, are among candidates aspiring for the post. Their plea states that the examination was held almost a year ago and the FIR is...
Kerala High Court Seeks Clarification On Appointing New Supervisor For SIT Probing Actor Assault Case Before Expiry Of Tenure
The Kerala High Court on Friday asked the State Police Chief (SPC) to clarify whether any order had been issued appointing the new Crime Branch chief as the supervising authority of the special investigation team (SIT) which is currently probing the 2017 actor sexual assault case.A Division Bench of Justice Devan Ramachandran and Justice Sophy Thomas passed the order in a petition filed by...