Dept. To Decide Whether Corrected Form TRAN-1 Would Be Entertained As Per Transitional Provision Under GST: Bombay High Court Allows Taxpayers To Correct Form TRAN-1

The Bombay High Court bench of Justice S.G. Mehare and Justice R.D. Dhanuka has allowed the taxpayers to correct Form TRAN-1. The court has directed the department to consider the issue of whether Form TRAN-1 and other forms that would be filed or corrected by the petitioner can be entertained in accordance with provisions of section 140 of the Central Goods and Services Tax Act, 2017...

'Fanciful & Unrealistic': Rajasthan HC Dismisses PIL Seeking Direction To Centre To Conduct Census In Specified Timeframe; Imposes 25K Cost

The Rajasthan High Court has dismissed a public interest litigation seeking a direction to Union government to conduct the Census in scheduled timeline, without any further delay and also to declare "wherever it may consider it necessary or desirable to do so" in the Section 3 of the Census Act, 1948 as ultra vires. Section 3 of Census Act, 1948 states that the Central Government may,...

Calcutta HC Orders School To Withdraw Notice Preventing Students From Attending Classes For Non-Payment Of Dues, Orders Display Of Order In Notice Boards

The Calcutta High Court on Tuesday reiterated that private unaided schools whose names had come up with regards to allegations of arbitrary fee hike during the pandemic cannot deny promotion to any student or withhold report cards for non-payment of fees.The Court further instructed such schools to put up the Court's earlier interim orders stipulating such a direction in a suitable place in...

"High Time That Subordinate Courts Come Into Grips With Fundamental Principles Of CPC": Madras High Court

The Madras High Court recently observed that it is high time that the subordinate Courts come into grips with the fundamental principles of CPC and nip in the bud those suits which are not maintainable.The bench of Justice N. Anand Venkatesh observed that there are sufficient provisions in CPC to undertake such an exercise and what is required is the awareness about the availability of...

Bombay High Court Orders Issuance Of Provisional Caste Certificate For Higher Studies While Student's Uncle's Caste Certificate Is Under The Scanner

The Bombay High court recently held that till final withdrawal of caste certificate of Petitioner's uncle by the competent authority, she is entitled to benefits sought for by relying upon the said Certificate. A bench of Justices Sunil B. Shukre and G.A. Sanap noted that even though there are genuine concerns regarding the validity of the Petitioner's uncle's caste certificate...

Allegations Against Dileep Prima Facie Suggest Intention To Harm Police Officers : Kerala High Court

The Kerala High Court on Tuesday dismissed the plea moved by Dileep to quash the FIR filed by the Crime Branch of Kerala Police against him and five others for conspiring to murder the investigation officials in the 2017 actor rape case, in which he is facing trial as the chief conspirator."..the reading of the allegations as a whole, prima facie, suggests an intention to cause physical...

What Is The Special Role That A Family Judge Is Obliged To Discharge As Distinct From General Role Of An Adjudicator? Delhi High Court Answers

The Delhi High Court has enumerated various principles highlighting the special role that a Family Judge is obligated to discharge as distinct from the general role of an adjudicator. In the 54-page judgment, Justice Yashwant Varma also touched upon the essential qualities of a judge or adjudicator and the tests as propounded by the Indian judiciary in relation to an apprehension of...

Madhya Pradesh High Court Relies On 'Two Fingers Test' To Cancel Bail Of Rape Accused

The Madhya Pradesh High Court recently set aside the bail granted to rape accused under the provisions of POCSO Act, observing that although the medical report of the Prosecutrix did not mention any definite opinion of rape, it pointed out that her hymen was ruptured and two fingers were easily going in her vagina, which prima facie corroborated the fact that she...

NCLT Mumbai Issues Notice To SITI Networks Ltd. In Section 7 IBC Petition Filed By HDFC LTD.

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Smt. Suchitra Kanuparthi (Judicial Member) and Smt. Anuradha Sanjay Bhatia (Technical Member), has issued notice to SITI Networks Ltd. in the matter of Housing Development Finance Corporation Limited v SITI Networks Limited., vide an order dated 30.03.2022. Housing Development Finance Corporation Ltd....

Allahabad High Court Denies Bail To Man Accused Of Attempting To Rape Own Daughter, Uploading Her Nude Pics On Facebook

The Allahabad High Court recently denied bail to a man who has been accused of attempting to rape his own daughter and uploading her pictures on Facebook. The bench of Justice Dinesh Kumar Singh denied bail to one Naushad Ali considering the relationship between the accused-applicant and the prosecutrix, heinousness of the offence, societal impact of the offence and the statement of...

Disputed Issues Under Employees' State Insurance Act Ought To Be Referred To Designated Court Under S.75: Telangana High Court

The Telangana High Court recently refused to exercise its writ jurisdiction, stating that the petitioner had not exhausted its alternate remedy by filing an application before the Employees' Insurance Court for adjudication of disputed issues under the Employees' State Insurance Act, 1948. Moreover, it noted that the writ petition was not filed for enforcement of any of the Fundamental...

Time To Re-Look At S.27 Of Indian Contract Act To Protect 'Trade Secrets': Calcutta High Court

The Calcutta High Court has recently upheld an injunction order passed against former employees of a law firm restraining them from divulging confidential information and trade secrets gathered during the course of their employment. The Court further opined that sharing of such information and communication would not only be unethical but would also constitute a breach of the...