Pondicherry University Empowered To Collect University Development Fund Paid By Students: Madras High Court

Madras High Court has dismissed a batch of writ appeals filed against the single judge bench order dated 05.01.2022 in favour of Pondicheryy University collecting University Development Fund paid by students from the Individual colleges.The first bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy observed that the University can demand 'other charges' in ...

ITAT: Unascertained Business Loss Cannot Be Allowed As Deduction

The Bangalore Bench of ITAT, consisting of members Beena Pillai (Judicial Member) and Chandra Poojari (Accountant Member), has ruled that unless the recovery of embezzled amount in the course of business was impossible, it could not be claimed as a business loss. The ITAT ruled that an unascertained loss cannot be allowed as deduction from taxable income. The Assessing Officer (AO)...

Armed Forces Tribunal Act Cannot Curtail High Court's Power Of Judicial Review U/A 226: Allahabad High Court

The Allahabad High Court has made it clear that the Armed Forces Tribunal Act, 2007 cannot and does not oust the High Court's power of judicial review contained under Article 226 of the Constitution. "The jurisdiction under Article 226 of the Constitution of India is extraordinary and discretionary in nature. It is also to be noted that the powers to be exercised by the High Court...

NCLAT: Joint Development Agreement Between Lessee And Corporate Debtor Valid; NOIDA's Appeal Dismissed, Right To Submit Claim Closed To Protect CIRP Timelines

The National Company Law Appellate Tribunal, New Delhi has dismissed the Appeal preferred by New Okhla Industrial Development Authority (NOIDA) against the NCLT, New Delhi's order directing NOIDA to "lodge its due claim with Resolution Professional as per law and participate in the CIRP process through duly Authorised person and attend all future CoC meetings participate in...

No Service Tax payable On Packed Food Sold As Take Away And Not Served In Restaurant: CESTAT

The Ahmedabad Bench of Customs, Excise and Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) and Raju (Technical Member) has ruled that service tax is not payable on packed food sold as take away and not served in the restaurant. The appellant/assessee has been engaged in providing catering service at restaurants for which they are holding service...

"Can't Help Those Who Are Not Vigilant": Himachal Pradesh High Court Refuses To Condone 11 Years Delay In Filing Appeal

The Himachal Pradesh High Court recently refused to hear an appeal by condoning the delay of approximately 11 years in filing the same. "The Court cannot help those who are not vigilant and slumber over their rights for years together," the division bench of Chief Justice Mohammad Rafiq and Justice Jyotsna Rewal Dua remarked.The Appellant herein was the original writ petitioner. She...

Pregnancy May Lead To Depression: Karnataka High Court Permits Minor Rape Victim To Terminate 22.5 Weeks Old Foetus

The Karnataka High Court recently permitted a minor rape victim to terminate her 22 weeks 3 days old pregnancy, upon noting that continuation of the same can develop anxiety, which could lead to depression effecting her mental health.A single judge bench of Justice Suraj Govindaraj said, "I am of the opinion that, it would be in the interest of the petitioner-victim, that the pregnancy...

'All Recommendations Signed By Him': Calcutta HC Seeks Personal Appearance Of WBSSC Ex-Chairperson Soumitra Sarkar In Teacher Recruitment Scam

The Calcutta High Court on Monday sought the personal appearance of the former Chairman of West Bengal Central School Service Commission Soumitra Sarkar while adjudicating upon a plea alleging illegal appointment of assistant teachers in State run schools in West Bengal pertaining to the State Level Selection Test (SLST). Justice Abhijit Gangopadhyay had earlier ordered the cancellation...

"Petty Offences, Do Not Involve Moral Turpitude": Himachal Pradesh High Court Quashes FIR U/S 354, 498A IPC Based On Compromise

The Himachal Pradesh High Court has granted relief to a husband by quashing a FIR lodged against him by his wife for allegedly demanding dowry and outraging her modesty, based on a compromise between the parties.Justice Sandeep Sharma said,"offences alleged to have been committed by the petitioners do not involve offences of moral turpitude or any grave/heinous crime, rather same are...

Nithari Killings: After Allahabad HC's Nudge, CBI Files Autopsy Reports In Accused Surendra Koli's Appeal Against Death Penalty

Days after the Allahabad High Court slammed the Central Bureau of Investigation (CBI) for its failure to produce the post mortem reports of the victims of the Nithari case (also known as the 2006 Noida Serial Murders case), the CBI yesterday submitted the copies of the post-mortem reports before the HC.The CBI has submitted the Post mortem reports in pursuance of the HC's previous order...

Allahabad High Court Issues Notice On PIL Seeking ₹5K Financial Support/ Stipend For Junior Lawyers Upto 3 Yrs Of Practice

The Allahabad High Court (Lucknow Bench) today issued notice on a Public Interest Litigation (PIL) plea seeking stipend for Junior Lawyers who are having initial practice up to 3 years The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan has issued notices to U.O.I, UP Bar Council and others. The PIL has been moved by the petitioner-in-person Ashish...

'Propensity To Stoke Communal Disharmony': Madras High Court Disallows Lalgudi Temple Car Festival To Pass Through Streets

Madras High Court has observed that the temple car procession/ festival in Achiramavalli Amman Kovil at Jangamarajapuram cannot be allowed this year since it has the potential to stoke communal tension like in 2021.The court was hearing two separate writ petitions filed in 2021 and 2022 about the conduct of the Temple/ Car Festival in the Trichy District .In the common order, the...