Difficulty In Getting Only Mother's Name As Legal Guardian On PAN & Other Documents: Rajasthan High Court Takes Suo Moto Cognizance

The Rajasthan High Court, Jaipur has recently taken suo moto cognizance considering the difficulty faced by an individual in getting only his mother's name as legal guardian on PAN and other documents. The suo moto cognizance was taken by Justice Sameer Jain based on a report published in The Hindu on 08.03.2022 titled, "Want Mother's Name on Documents? Get ready for the runaround"....

Pardoning Power- Article 161 Does Not Give Any Power To Council Of Ministers: Madras High Court

The Madras High Court on Thursday directed the Registry to number the writ petitions filed by Rajiv Gandhi Assassination Case Convict S Nalini for her prerelease without waiting the approval of the Governor and list the same for hearing. The counsel for the Petitioner Mr Radhakrishnan relied on Article 161 and stated that the convict was in prison for a really long time and should...

Writ Petition Is Not A Proper Remedy If There Are Seriously Disputed Questions Of Facts: Andhra Pradesh High Court

In a recent case, a writ petition was dismissed as in the facts of the case there were seriously disputed questions for which evidence was required. The writ petition was filed questioning the inaction of the respondents in not paying the compensation for the acquisition of land. The counsel for the petitioner pointed out that the petitioner was a private trust running...

"Gross Suppression Of Material Facts": Delhi High Court Vacates Ex-Parte Ad-Interim Injunction Granted In Favour Of Kent RO

The Delhi High Court has vacated an ex-parte ad-interim injunction granted in favour of Kent RO System Limited on the grounds of gross suppression and concealment of material facts.Justice Amit Bansal was dealing with a suit filed by Kent RO System Limited claiming that the trademark KENT was adopted by it in the year 1988 in respect of products relating to petroleum conservation. In 1999,...

Assessee's Recourse To Constitutional Provisions Not A 'Proceeding Under Income Tax Act' : Kerala High Court

The Kerala High Court on Thursday ruled that a Special Leave Petition filed by an assessee under Article 136 of the Constitution of India cannot be regarded as a proceeding under the Income Tax Act. Justice Bechu Kurian Thomas held that while an assessment, appellate, and even revisional proceeding qualify as "proceedings under this Act', one instituted under the Constitution did not. "As...

GST Appeal Filed Physically On Failure Of Digital Filing - Department Wrongly Rejected Appeal: Andhra High Court

The Andhra Pradesh High Court bench of Justice U. Durga Prasad Rao and Justice J. Uma Devi has quashed the order rejecting the GST appeal which was not filed electronically.The petitioner/assessee preferred a statutory appeal against the assessment orders passed by the department. As Rule 108 of the Andhra Pradesh Goods and Service Tax Rules (APGST Rules) permits filing of...

Allahabad High Court To Regularly Hear Gyanvapi Mosque-Kashi Vishwanath Temple Dispute Case From March 29

The Allahabad High Court on Thursday decided that it shall hold regular hearings in the matter related to the Kashi Vishwanath temple-Gyanvapi mosque dispute of Varanasi starting from March 29.The Bench of Prakash Padia ordered thus while holding a hearing on a plea moved by Anjuman Intazamia Masazid, Varanasi last year seeking a stay on the proceedings of the Varanasi court, and also...

Right Of Accused To Cross-Examine Prosecutrix Can't Always Be Denied Only Because Of Section 33(5), POCSO Act: Uttarakhand High Court

The Uttarakhand High Court has held that recalling a child witness for cross-examination by the accused cannot be blanketly denied only because of Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 (the 'POCSO Act'). Notably, the provision requires Special Court to ensure that the child (prosecutrix) is not called repeatedly to testify in the...

Gujarat High Court Distinguished Between 'Public Order' And 'Law And Order'; Releases Detenue Under NDPS Act

"Unless and until, the material is there to make out a case that the person has become a threat and menace to the Society so as to disturb the whole tempo of the society and that all social apparatus is in peril disturbing public order at the instance of such person, it cannot be said that the detenue is a person within the meaning of section 3(1) of the Act," the Gujarat High Court...

Court Can't Evaluate Suitability Or Desirability Of A Particular Qualification For Services: Allahabad High Court

The Allahabad High Court has observed that it is not the function of the Court to adjudge or evaluate the suitability or desirability of a particular qualification that may be prescribed for a particular service.The Bench of Justice Manju Rani Chauhan observed thus while hearing a writ plea filed by one Kavita Sonkar who appeared and cleared the pre and main examination conducted by the...

Department Cannot Block GST ITC Without Assigning Any Reason: Gujarat High Court

The Gujarat High Court bench of Justice J.B. Pardiwala and Justice Nisha M. Thakore has held that the department cannot block the Input Tax Credit (ITC) without assigning any reason to the assessee.The writ petitioner/assessee, a proprietary concern, is in the business of trading in M.S. scrap for the past 13 years. The proprietary firm purchases the scraps from different suppliers and...

Vague Allegations Regarding Harassment Prima Facie Do Not Constitute Offence U/S 498A IPC: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that when there are no specific allegations made against the relatives of husband in a dowry harassment case, then it prima facie does not constitute an offence under Section 498A of Indian Penal Code. Brief Facts of the case A case under provisions of Indian Penal Code i.e. 498A (punishment for husband or relative of husband of...