Jurisdiction U/S 100 CPC Is So Limited That Even Wrong Or Grossly Inexcusable Finding Of Fact Cannot Be Interfered With: Bombay High Court

The Bombay High Court recently faced a challenge to a lower court order and was asked to re-appreciate the evidence. The single judge Mangesh S. Patil held that jurisdiction under Section 100 of the Code of Civil Procedure is so limited that even a wrong or grossly inexcusable finding of fact cannot be interfered with and hence refused to do so. The case arose as Eknath Genu...

"No Criminality": Supreme Court Acquits Man Who Abandoned Lady From SC/ST Community After 'Living Together"

The Supreme Court acquitted a man who had allegedly abandoned a lady belonging to SC-ST Community with whom he was living together.The court observed that no criminality could be attributed to him for merely leaving the lady.In this case, the lady alleged that she and the accused had lived as man and wife for a few years and in this relationship, she became pregnant and thereafter executed...

'Shocked Beyond Words As To How Such Direction Could Be Passed': MP High Court Imposes Rs.1 Lakh Cost On Petitioner For Creating 'False Documents' & Obtaining 'False Order'

Setting aside the order passed by its single bench, the High Court of Madhya Pradesh recently expressed its shock over the conduct of the Petitioner for getting the matter listed before the Writ Court. The Court was also dismayed by the manner in which the single bench had passed the order, concluding that it was done to pre-empt the State from taking any action against the...

Legal Heirs Of Deceased Complainant Can Pursue Disciplinary Proceeding Before Bar Council: Madras High Court

The Madras High Court has observed that in criminal proceedings, the legal heirs of the original complainant can apply for continuation of proceedings against the accused upon the death of the original complainant. The court further quashed the order passed by the disciplinary committee of Bar Council of Tamil Nadu and Puducherry which had held that the legal heirs cannot step into the...

Writ Court Can't Bestow Legal Right On A Consumer To Receive Compensation: Orissa High Court

A Single Judge Bench of Justice Arindam Sinha of Orissa High Court has held that a writ Court like High Court cannot exercise its jurisdiction to pronounce on a legal right of a person to receive compensation, especially when there is no policy available to that effect. The petition was filed for direction upon the electricity supply company to deal with grievance petition dated...

Only PCIT Can Sanction Reassessment Notice After Expiry Of 4 Years, Not ACIT: Bombay High Court

The Bombay High Court bench of Justice N.R. Borkar and Justice K.R. Shriram has held that after four years of expiry from the end of the relevant assessment year, only the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner (PCIT) can accord the approval to the reassessment notice and not the Additional Commissioner of Income...

If The Authorities Acknowledge The Error And Accepts Repayment Of Erroneous Refund, It Is Logical To Restore The ITC In The Electronic Tax Ledger : Gujarat High Court

The Gujarat High Court has directed the revenue to re-credit/restore the Input Tax Credit (ITC) to the tune of INR 1,39,49,810 in the electronic tax ledger of the writ petitioner . The Bench comprising Justice JB Pardiwala and Justice Nisha Thakore was hearing a writ petition which sought from the Respondent-authorities to re-credit the ITC of INR 139,49,810 in the electronic credit...

'Filed Without Any Research': Rajasthan High Court Dismisses PIL Challenging De-Registration Of 10 Yrs Old Diesel Vehicles Alone & Not Petrol Vehicles

The Rajasthan High Court has dismissed a public interest litigation filed praying that notification dated 22.01.2018 be declared ultra vires as direction is confined to deregistration of the diesel vehicles only, which are 10 years more and upto 15 years and not for petrol vehicles. The public interest litigation was filed by one Bhanu Pratap Singh.The court observed that the petition is...

CBIC Exempts Cotton From Customs Duty & AICD Till 30 September, 2022

The Central Board of Indirect Taxes and Customs (CBIC) exempted cotton from customs duty and the Agriculture Infrastructure Development Cess (AIDC).To stimulate textile exports, the central government has eliminated all customs tariffs on cotton imports until September 30, 2022. According to the Finance Ministry, the exemption will assist the textile chain with yarn, fabric, clothing,...

'Reason To Believe' Sufficient To Issue Notice U/S 148 Income Tax Act, Sufficiency/ Correctness Of Material Not Considered At This Stage: Delhi HC

The Delhi High Court has observed that the sufficiency or correctness of the material is not a thing to be considered at the stage of issue of notice for reassessment under Section 148 of the Income Tax Act.A division bench comprising of Justice Manmohan and Justice Dinesh Kumar Sharma was dealing with a bunch of pleas challenging the notices dated 30th March, 2021 issued under sec. 148 and...

Employer-Employee Relationship Can't Be Established My Mere Averment In Petition, Must Be Supported By Cogent Evidence On Record: Rajasthan HC

The Rajasthan High Court recently dismissed the writ petitions filed by persons who were appointed under Deendayal Antyodaya Yojana National Urban Livelihood Mission, claiming themselves to be the employees of the State Government and seeking regularisation, regular pay-scale, and salary directly from the State Government and not from the placement agency. Justice Inderjeet...

Orissa High Court Dismisses Challenge To Notification Compulsorily Retiring A Former Additional District & Sessions Judge

The Orissa High Court has dismissed challenge to a notification which notified the decision to compulsorily retire a former Additional District & Sessions Judge (AD&SJ) of the Odisha Superior Judicial Service (OSJS). While upholding the said notification, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik held, "While it is true that...