Gujarat High Court Rejects Application Seeking Benefits And Interests On The Ground Of Delay Under Contempt Of Courts Act

Averring that there was no delay in making payment of pensionary benefits as alleged by the Appellants, the Gujarat High Court has refused to interfere in the Letters Patent Appeal seeking Respondent authorities to pay all the consequential pensionary benefits and 18% interest on delayed payment. The Appellant herein had his services terminated against which he and other...

Allahabad HC Directs Lucknow's DM Led Committee To Inspect City Schools Running In Residential Areas, Submit Report

Taking a strict view of the matter of schools operating in the residential areas of Lucknow in violation of safety standards and concerned rules and regulations, the Allahabad High Court has directed a committee headed by the District Magistrate to conduct an inspection in this regard and submit a report before the Court.The bench of Chief Justice Rajesh Bindal and Justice Alok Mathur has...

Rajasthan High Court Directs Authorities To Consider Representation Against Alleged Illegal Religious Conversions In Ganganagar City

The Rajasthan High Court has refused to hear a public interest litigation against alleged illegal religious conversions and erection of unauthorized religious structures in the Ganganagr city, stating that it cannot decide disputed questions of facts in writ jurisdiction.The Bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani however granted liberty to the Petitioners to raise...

Power Of Attorney Executed Outside India If Not Duly Stamped Within 3 Months Of Receipt In India Will Be Impounded & Charged Penalty: Andhra Pradesh HC

The Andhra Pradesh High Court recently ordered the impounding of Power of Attorney (GPA) which was executed outside India. The GPA was not stamped within three months after it had been first received in India as per Section 18 of Indian Stamp Act, 1899."Though the instrument was executed outside India and it was not duly stamped and presented before 3rd respondent within the period of...

Delhi High Court Refuses Interim Injunction In Trademark Infringement Suit By Mankind Pharma Against RTPCR Testing Kit 'OMISURE'

The Delhi High Court has refused to pass an ad interim injunction against Tata Medical and Diagnostics Limited, manufacturer of 'OMISURE', an RTPCR kit used for detecting COVID-19 Omicron variant. Justice Pratibha M Singh was dealing with a suit filed by Mankind Pharma Limited seeking permanent injunction for infringement of trademark. The Plaintiff claimed to be the 5th largest...

Essential Commodities Cannot Be Confiscated Without Giving A Notice And Opportunity Of Hearing Under Section 6B Of EC Act: Andhra Pradesh HC

The Andhra Pradesh High Court recently allowed writ petition holding that statutory notice before confiscation of essential commodity is mandatory under Section 6B of the Essential Commodities Act. The case of the petitioner was that they were the owners of the seized rice and lorry respectively. The petitioner was dealer in food grains and he purchased paddy and converted it...

Rajasthan High Court Monthly Digest: March 2022 [Citations: 82 - 114]

Nominal Index Chitranshi Goyal v. Indian Oil Corporation Ltd.; 2022 LiveLaw (Raj) 82 Prakash Chand Saini v. State Of Rajasthan; 2022 LiveLaw (Raj) 83 Bhagwati Singh (Since Deceased) S/o (Late) Shri Raja Mansingh v. Raja Laxman Singh S/o (Late) Shri Raja Mansingh and connected matter; 2022 LiveLaw (Raj) 84 Karma Ram v. The Board of Secondary Education, Ajmer, through...

Non Release Of Seized Documents, Based On Pendency Of The SLP In The Supreme Court By IT Department, Is Illegal: Kerala High Court

The Kerala High Court has ruled that the income tax department is not authorized to retain the title deeds seized by them under Section 132 of the Income Tax Act on the ground that a Special Leave Petition filed by the Assessee against the assessment order is pending before the Supreme Court. The Single Bench consisting of Justice Bechu Kurian Thomas held that since the Income Tax...

Unmarried Daughter Can Claim Marriage Expenses From Parents Under 'Hindu Adoptions & Maintenance Act': Chhattisgarh High Court

The Chhattisgarh High Court recently held that an unmarried daughter can claim marriage expenses from her parents under the provisions of the Hindu Adoptions and Maintenance Act, 1956.The bench of Justice Goutam Bhaduri and Justice Sanjay S. Agrawal held thus while hearing and allowing a petition filed by a 35-year-old woman, Rajeshwari.The case in brief Appellant/Rajeshwari moved an...

Non Specification Of Penalty Provisions In Penalty Notice And Denial Of Immunity; Delhi High Court Holds That Assessee Is Eligible For Immunity, Says Tax Payer Should Be Incentivised.

The Delhi High Court has ruled that the action of income tax authorities denying the benefit of immunity from penalty under Section 270AA of Income Tax Act to the assessee on the ground that penalty was initiated under Section 270A for misreporting of income is arbitrary since the penalty notice issued by the authorities failed to specify the limb under which the penalty proceedings...

Payment Of Equated Yearly Instalments And Interest On Delayed Payment Is Exigible To GST: Telangana AAR

The Telangana Bench of Authority for Advance Ruling, consisting of members B. Raghu Kiran and S.V. Kasi Visweswara Rao, has ruled that payment of Equated Yearly Instalments made under Annuities Model, including interest on delayed payments made to a contractor, is exigible to GST. The Applicant M/s. Hyderabad Metropolitan Water Supply and Sewerage Board filed an application before...

Meghalaya High Court Suggests Army To Conduct Surprise Checks On Its Vehicles To Prevent Possible Durg Trafficking

The Meghalaya High Court has put up a significant suggestion that 'flying army checker' teams could be deployed for surprise checks on Army vehicles so as to ensure that drugs are not transported in or through army trucks.The Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh came up with this suggestion while hearing a Public Interest Litigation (PIL) plea filed by one M....