Uttarakhand High Court Stays Circular Restricting Filing Of GST Refund For Tax Periods Spread Across Two Financial Years In Chronological Order

The Uttarakhand High Court has stayed the operation of a Circular issued by the Revenue Authorities, to the extent it inhibits refund claims for a period of two separate (not successive) financial years and requires filing of Refund in a chronological manner.The Bench comprising of Justices Sanjaya Kumar Mishra and Alok Kumar Verma has stayed para 8 of the Circular No. 125/44//2019-GST...

Holding The Resolution Plan To Be Discriminatory, The NCLAT Sets Aside The Plan For Piyush Shelters India Pvt. Ltd

The NCLAT in a Bench comprising of Justice Ashok Bhushan (Chairperson), Justice Jarat Kumar Jain (Judicial Member) and Dr. Alok Srivastava (Technical Member) in Amit Goel v. Piyush Shelters India Pvt. Ltd. set aside the Resolution Plan proposed by Maya Group on the ground that there was discriminatory treatment of the 'non-claimant' financial creditors, as compared to the...

Family Courts Expected To Bring About Settlement, Endeavour Can't Be To Simply Dispose Of Cases At Cost Of Justice: Delhi High Court

The Delhi High Court has observed that the Family Courts are expected to function so as to bring about a settlement between the parties if possible, adding that the endeavour of the Court cannot simply be to dispose of the matters, one way or another at the cost of sacrificing the cause of justice.A Bench of Justice Vipin Sanghi and Justice Jasmeet Singh set aside an order passed by a...

Rajasthan High Court Weekly Roundup: January 17 to January 23, 2022

Judgments/ Orders of the Week Writ Petition Filed In Representative Capacity Without Proper Authorization Not Maintainable: Rajasthan High Court Case Title: Income- Tax Contigent Employees Union and Anr. v. Union Of India and Ors. Citation: 2022 LiveLaw (Raj) 16 The Rajasthan High Court has held that a writ petition filed in representative capacity without proper...

S. 21 CPC| Objection To Pecuniary Jurisdiction To Be Taken At First Instance At Earliest Possible Opportunity: Rajasthan High Court

The Rajasthan High Court, Jaipur Bench has observed that under section 21 of Civil Procedure, Code, 1908, the objection with regard to pecuniary jurisdiction shall be taken at the first instance at the earliest possible opportunity. Justice Sudesh Bansal, ruled,"It is settled position of law as per Section 21 of the Code of Civil Procedure that the objection with regard...

Involvement of Bank Officials In Leaking Details Leading to Cyber Crime: Patna High Court Directs Thorough Investigation

The Patna High Court has directed proper investigation in a cybercrime matter where charges were levied under Sections 419 read with 420 of the IPC and Section 66(B) of the I.T. Act.Justice Sandeep Kumar observed, "This Court understands that local police is handicapped in investigating the cyber frauds and for that, it has to take help of other police officials of the district. In the opinion...

Calcutta High Court Weekly Roundup: January 17 To January 23, 2022

Important Judgments/Orders of the Week 1. Calcutta High Court Seeks State Gov's Response In Plea Seeking Establishment Of Special Courts Under NDPS Act In Compliance With SC DirectionsCase Title: Ahamadur Rahaman v. State of West Bengal and OrsThe Calcutta High Court sought response from the State government in a Public Interest Litigation (PIL) petition seeking the establishment of...

UP Assembly Polls 2022- Can Officers Who Are Susceptible To COVID Be Given Online Training?: Allahabad HC Asks ECI

The Allahabad High Court has asked the Election Commission of India as to whether it can provide training to the election officers (who are susceptible to COVID), for the upcoming assembly polls in the State via online mode.Essentially, an education institution named Dayalbagh Education Institute has moved the High Court with its writ petition submitting that the Election Commission of India...

Orissa High Court Upholds Compulsory Retirement Order Passed Against A Judicial Officer For Being Inefficient

The Orissa High Court last week dismissed a writ plea filed by a Judicial Officer challenging the order of compulsory retirement passed agaisnt him in the year 2012 on account of not possessing the standard efficiency required to discharge the duty of a Judge.While referring to the ruling of the Supreme Court in the case of Rajasthan State Road Transport Corporation v. Babulal Jangir (2013)...

Karnataka High Court Weekly Round-Up : January 17 to 23

1: The Marriage Is Totally Dead': KarnatakaHigh Court Grants Divorce To Couple Living Separately Since 21 Yrs Case Title: K Mallikarjuna v. H A Sudha Mallikarjuna Case No: Miscellaneous First Appeal 4314/2012. Citation: 2022 LiveLaw (Kar) 15Observing that "the marriage is totally dead" and that nothing would be gained by trying to keep the parties tied forever to a marriage that...

Bombay High Court Weekly Round-Up: January 17 to 23

Weekly Round-Up Jan17- Jan 231. Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without RentCase Title: Suryakant Kisan Pawar vs Deputy Collector, Mumbai and others Citation: 2022 LiveLaw (Bom) 9The Bombay High Court directed a son who "deprived his mother from leading a normal life" to vacate the house "expeditiously", noting that...

Under Section 482 CrPC Jurisdiction, Court Can't Examine If Subsequent Statement Was Improvement Of Sec 161 Statement: AP High Court

The Andhra Pradesh Court recently ruled that in a petition filed under Section 482 Cr.P.C the Court cannot appreciate the evidence on record in exercise of its inherent powers. The Criminal Petition under Section 482 of the CrPC, 1973 was filed seeking to quash the charge sheet. The petitioner who was one of the accused was undergoing prosecution for the offences punishable...