News Updates
Maintainability Of A Petition Can Be Contested Long After Its Admission: Kerala High Court
The Kerala High Court on Monday ruled that the question of maintainability of a writ petition can be raised by the respondents years after its admission and even if an interim relief has been granted on the plea. However, Justice P.V. Kunhikrishnan clarified that a high court while exercising its powers under Article 226 of the Constitution should ensure that its decision is equitable to both...
'Corruption Mothers Disorder': Gujarat High Court Rejects Anticipatory Bail Plea Of Sub-Inspector Allegedly Involved In Bribery
"Corruption is not to be judged by degree, for corruption mothers disorder, destroys societal will to progress, accelerates undeserved ambitions, kills the conscience, jettisons the glory of the institutions, paralyses the economic health of a country, corrodes the sense of civility and mars the marrows of governance", the Gujarat High Court has reiterated. In observing so, it has refused...
Delhi High Court Sets Aside Pharmacy Council of India's Moratorium On Opening Of New Pharmacy Colleges For Five Years
Dealing with a batch of 88 petitions, the Delhi High Court has set aside the imposition of a moratorium issued by the Pharmacy Council of India (PCI) on opening of new pharmacy colleges for a period of five years with effect from the academic year 2020-21. A single judge bench of Justice Prateek Jalan was dealing with the petitions challenging communications dated 17.07.2019 and...
Patna HC Issues Show Cause Notice To A Police Station Incharge For Failure To Lodge FIR In ₹21 Lakhs Cyber Fraud Case
The Patna High Court recently issued a show-cause notice to the Officer-in-Charge of the Kadamkuan Police Station as to why a contempt proceeding be not initiated against him for his failure to register an F.I.R. in a ₹21 Lakhs fraud case.The Bench of Justice Sandeep Singh called the action of the Officer-in-Charge of the Kadamkuan Police Station as contemptuous in view of the Court's...
No Class-IV Employee Should Normally Be Transferred Out Of District: Allahabad High Court
The Allahabad High Court on Monday observed that no Class-IV employee should normally be transferred out of the district. The Bench of Justice Vivek Chaudhary made this observation while setting aside a transfer order passed against a Class IV Employee as it noted that the same was punitive in nature.Essentially, the petitioner Smt. Maya (a Class IV Employee) was transferred by State...
Non Production Of Persons Despite Summons Leads To Inference Of Routing Own Money : ITAT Delhi
The Delhi Bench of ITAT, consisting of members G.S. Pannu (President) and K. Narsimha Chary (Judicial Member), has ruled that an Assessing Officer has the power to verify transactions beyond the paperwork submitted by the Assessee under Section 68 of the Income Tax Act, 1961. The Assessing Officer (AO) had disallowed expenses and made additions to Assessee's income under Section 68...
Nawab Malik's PMLA Arrest Violates Doctrine Of Ex Post Facto Laws : Amit Desai Argues Before Bombay High Court
Maharashtra Cabinet Minister - Nawab Malik – on Tuesday questioned the credibility of claims made by the original owner of the Kurla compound, whose property he is alleged to have usurped, for failing to raise any grievance for 22-years. "The only people who are alleging involvement of Mr Malik are the officers (of ED), people who are in jail for the 1993 bomb blast or...
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...