Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court

The Allahabad High Court has observed that the time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay.The Bench of Justice Manju Rani Chauhan observed thus as it dismissed a Writ Petition filed seeking a direction to...

Corruption A Termite And Root Cause Of All Problems Like Poverty, Inequality, Illiteracy, Social Unrest, Etc: Allahabad High Court

The Allahabad High Court recently made significant observations on the growing menace of corruption in society. It observed that it is like a termite in every system and once it enters the system, it keeps on getting bigger and bigger."Corruption is a termite in every system. Once it enters the system, it goes on increasing. Today, it is rampant and has become a routine. Corruption is the...

Right To Hearing Must Be Granted Where Adverse Order Is Contemplated Against A Person U/S 75 (4) CGST Act: Allahabad HC

The Allahabad High Court has recently observed that an opportunity of hearing has to be granted by authorities to a person against whom an adverse decision is contemplated under Section 75(4) of the Central Goods and Services Tax, 2017/ U.P. Goods and Services Tax, 2017.The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji observed thus in a Tax Writ filed by Bharat Mint...

Proof Of Will : Onus Is On The Propounder To Remove Suspicious Circumstances : Kerala High Court

The Kerala High Court has recently ruled that if there exist suspicious circumstances surrounding the execution of the will, it is the onus of the propounder to remove all those reasonable doubts in the matter and the test to be applied in this connection is satisfaction of judicial conscience.A Division Bench of Justice P.B. Suresh Kumar and Justice C.S Sudha observed that suspicion...

Obligatory To File An FIR For Seizing Vehicles Under The Gujarat Mineral Rules, 2017: Gujarat High Court Directs Release Of Tractor Without Bank Guarantee

Justice Vaibhavi Nanavati of the Gujarat High Court has recently held that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and produce the seized properties with the Court on expiry of the specified period. In the absence of such exercise, the Court noted, the purpose of seizure and bank guarantee would stand frustrated and consequently,...

Delhi High Court Weekly Roundup: February 28 To March 6, 2022

CITATIONS 2022 LiveLaw (Del) 151 TO 2022 LiveLaw (Del) 171NOMINAL INDEXRAVNEET KAUR v. PRITHPAL SINGH DHINGRA 2022 LiveLaw (Del) 151BHARATI SHIVAJI & ANR v. UNION OF INDIA & ANR. 2022 LiveLaw (Del) 152Rashtriya Pravasi Parishad v. Union of India & Ors. 2022 LiveLaw (Del) 153Rohit Shukla v. DGMS (Army) 2022 LiveLaw (Del) 154Nokia India Private Limited Versus Assistant Commissioner...

ITC Received From Input Service Distributor Lying Unutilized In Electronic Credit Ledger Liable To Be Refunded: Gujarat High Court

The Gujarat High Court has held that Input Tax Credit received from input service distributor lying unutilized in electronic credit ledger is liable to be refunded. The division bench of Justice J.B.Pardiwala and Justice Nisha M.Thakore directed the respondent/department to process the claim of refund made by the writ petitioner/assessee for the unutilized IGST Credit lying in the...

Imparting Education By Section 25 Company Is A Charitable Activity Under Income Tax Act: Calcutta High Court

A Bench of Calcutta High Court, consisting of Justices T.S. Sivagnanam and Hiranmay Bhattacharyya, has ruled that when a Company has been established as a non-profit organization under the Companies Act, and its profits are applied solely for the promotion of its objects, its activities would by necessary implication fall under the definition of a "charitable purpose" under the Income...

Delhi Riots: Court Denies Bail To Former AAP Councillor Tahir Hussain In Money Laundering Case

A Delhi Court on Saturday denied bail to former Aam Aadmi Party Councillor Tahir Hussain in a money laundering case registered against him in connection with the North East Delhi riots of 2020. Additional Sessions Judge Amitabh Rawat denied bail to Hussain in a case registered by Enforcement Directorate under sec. 3, 4 and 70 of Prevention of Money Laundering Act, 2002. The case was...

Nominated Councillor Cannot Be Appointed As Leader Of The House : Bombay High Court

The Bombay High Court has held that a nominated councillor cannot be appointed as leader of the house under section 19-1A of the Maharashtra Municipal Corporation Act, 1949 (MMC Act). A division bench of Justices AA Sayed and SG Dige observed that under section 19-1A only an elected councillor, directly elected at Ward elections, is eligible to be appointed as 'Leader of the House.'...

Madras High Court Grants Interim Stay On Notification To Dissolve & Re-Constitute TN Child Rights Commission

Madras High Court has granted an interim stay on the government notification that dissolved the Tamil Nadu Commission for Protection of Child Rights (Commission/TNCPRC) in its entirety and proposed to reconstitute the same.A single bench of Justice Dr. Anita Sumanth was considering the plea by one of the commission members, Dr. Saranya T. Jaikumar. Dr. Saranya is the only member who...

Calcutta High Court & Subordinate Courts To Resume Physical Hearings From Tuesday, March 7

The Calcutta High Court on Saturday has issued a notice communicating its decision to resume physical hearings from Tuesday i.e. from March 7, 2022. However, virtual hearings can be opted by senior lawyers over 65 years of age or lawyers with comorbidities or other problems after complying with the laid down procedure. As West Bengal has been witnessing a drop in Covid-19 cases recently, the...