'Violation Of Principles Of Natural Justice': Calcutta High Court Orders Restoration Of GST Registration Within 7 Days

The Calcutta High Court on Tuesday ordered for the restoration of the appellant's certificate of registration under the provisions of both West Bengal Goods & Service Tax Act and Central Goods & Service Tax Act within one week after noting that the order for cancellation of registration is in violation of principles of natural justice. A Bench comprising Justice T. S. Sivagnanam...

Madhya Pradesh High Court Orders Removal Of All Illegal Statues Erected At Public Places, Imposes ₹30K Cost On State

Deciding a Public Interest Litigation, the High Court of Madhya Pradesh recently directed the State Government to remove all statues erected at public places on or after 18.01.2013, throughout the State. It further imposed a cost of Rs. 30,000 on the State 'for wasting the precious time of Court in dealing with this avoidable piece of litigation.' The division bench of Justice Sheel...

[UP Excise Act] Civil Appeal Against DM's Confiscation Order Lies Before Concerned District Judge: Allahabad High Court

The Allahabad High Court has observed that as per provisions of Section 72(7) of Uttar Pradesh Excise Act, 1910, a Civil appeal against the order of confiscation passed by the District Magistrate would lie before the District Judge of the respective District.The Bench of Justice Sanjay Kumar Singh observed thus in light of the notification issued in the year 1978 by the UP Government, wherein...

Right Of Accused To Recall Witness U/S 311 CrPC Can't Always Be Denied In Lieu Of Prosecutrix's Right U/S 33(5) POCSO Act: Orissa High Court

The Orissa High Court has ruled that the right of an accused to recall witnesses under Section 311 CrPC cannot be denied only because there exists a right of prosecutrix under Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act"). The said provision requires the Special Court to ensure that the child (prosecutrix) is not called repeatedly to testify in...

Courts Need Not Hold Up Arbitration At Pre-Appointment Stage Over Insufficiency Of Stamp Duty: Bombay High Court

Bombay High court on Monday, through single judge A. K. Menon, considered whether the arbitration should be held up at the pre-appointment stage and pre-reference stage or whether party should be left to follow the procedures post reference and be left to agitate their respective challenges. Applicant, Vivek Mehta & Anr., had filed an application under Section 11 of the...

Army Pension Regulations | Can't Deny Condonation Of Short-Fall In Pensionable Service Of A Voluntarily Discharged Serviceman U/R 125(a): Orissa HC

The Orissa High Court has held that Regulation 125(a) of the Pension Regulations for the Army, 1961 cannot be employed to deny condonation of short-fall up to six months in pensionable period of service of a serviceman who was discharged on a voluntary basis. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice R.K. Pattanaik held, "...Regulation 125(a) of the...

Advocates Association Accuses Acting President Of Maharashtra Consumer Commission Of 'Judicial Misconduct' For Adjudicating A Case Against Himself, Demands Action

The Consumer Courts' Advocates Association Maharashtra and Goa has accused the acting president of the State Consumer Disputes Redressal Commission (Maharashtra) – Dr Santosh Kakade - of "judicial misconduct" for dismissing a medical negligence case against himself. He restored the case last month. The association has written to the National Consumer Disputes Redressal Commission...

2019 Postal Ballot Fraud | Kerala High Court Asks Police Chief To Explain 2 Years' Delay In Concluding Investigation

The Kerala High Court on Wednesday came down heavily on the special police team constituted to investigate the alleged postal ballot fraud in 2019, for its inordinate delay in winding up the probe. Noting that the team had undertaken to conclude the inquiry within two months from September 2019, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly directed the State...

Underage Driving | 'Innocent Lives Are Lost, Can't Give Stamp Of Approval': Madras High Court Declines Motor Accident Claim Of Minor

Madras High Court has recently refused to entertain a motor accident claim in which the claimant, a minor, was found driving the motorcycle involved in the accident.In a strongly worded judgment, Justice S. Kannamal noted that the claimant who was a minor boy at the time of accident cannot demand compensation from the insurance company when he himself is a tortfeasor.Though the bench agreed...

Centre Appoints Delhi High Court Chief Justice DN Patel As TDSAT Chairperson

The Central Government has cleared the appointment of Delhi High Court Chief Justice DN Patel as Chairperson of Telecom Disputes Settlement and Appellate Tribunal (TDSAT), days before his retirement. Chief Justice DN Patel is set to retire on March 12. As per the order issued by Ministry of Communications, Government of India yesterday:"As approved by the Appointments Committee of the...

Can't Permit Sales Practices That Lure People Into Hoarding Liquor, Illicit Trafficking: Delhi Govt to High Court On 'No-Discount' Policy

Defending its decision to prohibit the grant of discounts or concessions by retail licensees on MRP of liquor in the city, the Delhi Government has told the High Court that it cannot permit sale practices that lure people to indulge in illicit and illegal liquor trafficking and hoarding liquor beyond the permissible limit as defined under Rule 20 of Delhi Excise Rules, 2010. The development...

ITAT Disallows 'Mixed Used Charges' For Regularising Usage Of Residential Premises For Commercial Purposes Against House Property Income

The Delhi Bench of Income Tax Appellate Tribunal (ITAT) has disallowed the 'Mixed Used Charges' for regularising usage of residential premises for commercial purposes against house property income. The two-member bench of N.K.Billaiya (Accountant Member) and Yogesh Kumar US (Judicial Member) held that the collection of the annual mixed used charge will not make any difference in...