Alapan Bandyopadhyay Moves Delhi High Court Challenging Order Of Central Administrative Tribunal, Principal Bench

Former West Bengal Chief Secretary Alapan Bandyopadhyay has approached the Delhi High Court challenging the order passed by Central Administrative Tribunal, Principal Bench which had transferred his petition filed before the Kolkata Bench to the Principal Bench at New Delhi. The petition filed through Advocate Kunal Mimani states that the impugned order was passed in complete violation of...

COVID-Supreme Court Order Suspending Limitation Is Applicable For Refund Under GST Act – Bombay High Court

The Bombay High Court has quashed and set aside an order of the Assistant Commissioner of CGST refusing refund of GST paid by a private export company on the ground that the company's application was time barred or not filed within the limitation period prescribed under the Central Goods and Services Tax Act, 2017 (CGST) Act. A division bench of Justices RD Dhanuka and SM Modak...

Kerala High Court Weekly Roundup [January 10 to January 15, 2022]

1. Private Medical Colleges Collecting Annual Fees In Advance Before Completion Of Current Academic Year 'Profiteering' : Kerala High CourtCase Title: Sanju Simon & Ors v. State of Kerala & Ors Citation: 2022 LiveLaw (Ker) 13While restraining private medical colleges in the State from collecting fees for any academic year other than the one currently being taught, the Court has...

Face Heavy Cost Or Longer Court Dates For Getting Non- Urgent Matters Listed – Bombay High Court Tells Lawyers

The Bombay High Court has cautioned lawyers against getting non-urgent matters listed and decided to impose high costs or adjourn matters for a long time if non-urgent cases are pushed for a hearing. As per its SOP from Janaury 10, 2022 the Bombay High Court at its principal seat is functioning for only three hours between 12 pm – 3 pm and hearing only urgent cases. However, the...

Motor Accident Claim- Fixing 15K As Notional Income Per Annum For Non-Earning Member Is Unreasonable: Allahabad HC

Referring to a Supreme Court's Judgment delivered in 2021, the Allahabad High Court has observed that fixing notional income at Rs.15,000/- per annum for a family's non-earning members is not just and reasonable.The Bench of Justice Dr. Kaushal Jayendra Thaker and Ajai Tyagi was hearing an appeal filed by the parents of a 7-year-old deceased boy, seeking enhancement of quantum, against...

[Attempt To Rape Case] Women Employees Need Courage To Make Such Imputations: UP Court Denies Pre-Arrest Bail To Judge

"It takes a lot of courage for a woman employee to make the imputations of such a serious nature against that very P.O. under whom she has been working," a UP Court observed as it denies anticipatory bail to the Presiding Officer of Commercial Court, Jhansi of raping a woman employee working under her.The Sessions Judge, Jhansi Jyotsna Sharma was hearing the anticipatory bail to the...

[GPF Rules] Rule Framed Under Article 309 Can't Be Replaced By Executive Order Issued Under Article 162: Allahabad High Court

The Allahabad High Court has observed that any rule framed under Article 309 of the Constitution of India can only be replaced by an Act of an appropriate legislature and the same cannot be replaced by an executive order issued under Article 162 of the Constitution of India.The Bench of Justice Vivek Chaudhary observed thus as it set aside a government's order of 1986 withdrawing the benefit...

Pendency Of Cases Involving Large Scale Revenue Causes Loss To Nation: Madras HC Calls For Quick Disposal Of Income Tax, Mining, Excise Matters

The Madras High Court recently expressed its concern over long pendency of cases involving large scale revenue.Justice S.M Subramaniam observed that cases of Income Tax, Customs, Excise, Mines and Minerals etc. must be disposed of quickly to prevent misuse of nation's property.Talking about the skewed tactics employed by stakeholders in keeping the writ petitions pending, so as to reap...

Faceless Assessment Scheme Does Not Mean No Personal Hearing, Mandatory Requirement U/S 144B Of Income Tax Act: Delhi High Court

The Delhi High Court has made it clear that the Central government's recent 'faceless assessment scheme', launched with an aim to eliminate the human interface between the taxpayer and the income tax department, does not mean that the assess shall not be given a personal hearing.The division bench comprising of Justices Manmohan and Navin Chawla observed,"a quasi judicial body...

Judges Protection Act: Plea In Bombay High Court Challenges 'Absolute Immunity' To Judges Even When Justice is 'Wilfully Denied'

A petition filed in the Bombay High Court challenges Section 3 of the Judges (Protection) Act of 1985 that prevents civil or criminal proceeding against a Judge for anything done in the course of his official or judicial duty.The plea alleges that the provision confers "absolute immunity to the judges even when they act maliciously and wilfully deny justice; on extraneous and...

Can 'Raja/Nawab/Maharaja/Rajkumar' Titles Be Used As Prefix In Constitutional, Lower Courts?: Rajasthan HC Asks Centre, State

The Rajasthan High Court has issued a notice to the Central and State Governments asking as to whether any person can put Maharaja, Raja, Nawab, Rajkumar titles as a prefix while filing cases in the High Court or Trial Court. The Bench of Justice Sameer Jain has sought the reply of the Union and Rajasthan Government after perusing the cause title of a petition, wherein, the Court noted,...

No Fundamental Right To Carry Out Business With Govt; Court's Interference In Formulating Tender Conditions Restrictive: Rajasthan HC

The Rajasthan High Court, Jaipur Bench, has held that the interference of the Court in tender matters is very restrictive and it should refrain from interfering in the impugned policy decision of the government, pertaining to sale of Run of Mine Lignite. Justice Inderjeet Singh, while dismissing the plea, ruled,"In formulating the conditions of tender document, greater latitude...