What Amounts To 'Excessive Force' For Disciplining Errant Prisoners? Delhi High Court To Consider, Directs Personal Presence Of DG Prisons

The Delhi High Court is set to consider the issue as to what amounts to 'excessive force' for disciplining errant prisoners lodged in jails.A division bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani directed the personal presence of Director General (Prisons) on March 25 after the Court was of the view that it wants an in-person interaction with the concerned...

'Unless Stayed In Any Proceedings, Eviction Orders Must Be Followed': Rajasthan HC In PIL To Remove Encroachments From School Playground

The Rajasthan High Court has observed that unless the orders of eviction are set aside or stayed in any proceedings, eviction must follow. Essentially, the present public interest litigation was filed seeking issuance of directions to the authorities to remove encroachments from the disputed land, which, according to the petitioner, was a playground of the school. As per...

Allahabad High Court Monthly Digest: February 2022 [Citations 29-80]

NOMINAL INDEX Kanhaiya Lal Nishad v. State of U.P. 2022 LiveLaw (AB) 29 Pinkoo @ Jitendra v. State of U.P. connected with Smt. Ishwari Devi v. State of U.P. 2022 LiveLaw (AB) 30 Nikhil Upadhyay (Minor) v. State Of U P And 4 Others 2022 LiveLaw (AB) 31 Radhey Shyam And Others v. State 2022 LiveLaw (AB) 32 Bablu Second Bail Application v. State of U.P. 2022 LiveLaw (AB)...

West Bengal Coal Scam Case: Delhi High Court Dismisses Plea By TMC MP Abhishek Banerjee, His Wife Seeking Quashing Of Summons

The Delhi High Court on Friday dismissed the plea by All India Trinamool Congress MP Abhishek Banerjee and his wife seeking quashing of summons issued to them by Enforcement Directorate in connection with West Bengal coal scam case.Justice Rajnish Bhatnagar also dismissed the plea by Banerjee's wife Rujira Banerjee assailing the complaint filed by Enforcement Directorate against her in the...

Karnataka High Court Orders GST Refund of Rs. 27 Crores Illegally Collected from Swiggy

The Karnataka High Court has ordered the Goods and Service Tax (GST) department to refund Rs. 27 crore, which was illegally collected from Swiggy.The division bench of Justice Alok Aradhe and Justice M. G. S. Kamal, while dismissing the appeal of the Central Government, observed, "Article 265 of the Constitution mandates that the collection of tax has to be by the authority of...

NSE Co-Location Scam Case: Delhi Court Reserves Order On Anand Subramanian's Bail Plea

A Delhi Court on Friday reserved order on the bail plea filed by former Group Operating Officer of the National Stock Exchange (NSE) Anand Subramanian in connection with NSE co-location scam case. Special CBI Judge Sanjeev Aggarwal of the Rouse Avenue Court has now posted the matter for pronouncement of orders on March 24. Advocates Arshdeep Singh and Vishnu Mohan appeared on behalf of...

Holding Company Not Liable To Deduct TDS On The Share Purchase Transaction By Its Subsidiary: Bombay High Court

The Bombay High Court has held that even if a holding company was considered as an ultimate beneficiary of a share purchase transaction undertaken by its subsidiary company, it would still not be liable to deduct tax at source under Section 195 of the Income Tax Act, 1961 if it did not make any payment to a non-resident under the transaction. The Bench, consisting of Justices N.J....

Ascertain How Long Will It Take To Expand/ Operationalise All Airports In State: Patna HC Seeks State's Report In 2 Weeks

Hearing a bunch of pleas filed highlighting the issue of the need for expansion of airports/making all of them fully functional and operational, situated within the State of Bihar, the Patna High Court has directed the Development Commissioner, Government of Bihar to make decisions on the issue.The Bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the Development...

Poultry Crates Attracts 18% GST: AAR

The Maharashtra Authority of Advance Ruling (AAR) consisting of Rajiv Mangoo and T.R. Ramnani has ruled that Goods and Service Tax (GST) at the rate of 18% is applicable on poultry crates, which can be treated as "articles for the conveyance or packing of goods, or plastics".The applicant is in the business of manufacturing a wide range of products used for storage,...

'Medical Ailments Not As Serious': Calcutta HC Refuses To Grant Relief To TMC Leader Anubrata Mondal From Appearing Before CBI In Cattle Smuggling Probe

The Calcutta High Court on Friday dismissed a petition moved by Trinamool Congress (TMC) leader Anubrata Mondal seeking relief from appearing before the Central Bureau of Investigation (CBI) in Kolkata for questioning in the ongoing cattle smuggling probe. Mondal had moved the High Court pursuant to the issuance of a CBI notice under Section 160 of CrPC directing him to appear before...

Allahabad High Court Allows Jailed Man To Appear In LL.B Semester Exam Under Police Custody

The Allahabad High Court has allowed a jailed man to appear for his LL.B Ist Semester exam under police custody. The bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari directed that the man be brought to the examination center for his participation therein and re-lodged in jail after the examination is over.Essentially, Anjani Kumar Shukla (who is presently...

Precarious Financial Condition No Ground To Delay Pensionary Benefits To Superannuated Govt Employee: Allahabad HC

The Allahabad High Court has observed that the Precarious financial condition of a corporation can not be a ground to delay payment of pensionary benefits that are due to superannuated employees.The Bench of Justice Irshad Ali made this observation on a plea filed by one Shiv Kumar Bahadur Singh who sought direction upon the Government authorities to make payment of him a full amount of...