Madras High Court Quashes Reassessment Made After The Limitation Period

The Madras High Court has held that the assessment was reopened on the basis of the error pointed out by the revenue audit, but it was done after the period prescribed under Section 147 of the Income Tax Act.The bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has observed that reopening the assessment in light of factual errors pointed out by the audit party is permissible under...

Arbitration Cases Weekly Round-Up: April 02 To April 08, 2023

Bombay High Court: Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court Case Title: M/s Omanand Industries & Anr. vs The Secretary to the Government of India, Ministry of Road Transport and Highways The Bombay High Court has ruled that though the scope for...

Himachal Pradesh High Court Weekly Round-Up: April 3 To April 9

Nominal Index[Citation: 2023 LiveLaw (HP) 19- 23] Rattan Chand Vs Madhu Bharat Chadha & another 2023 LiveLaw (HP) 19 Rajesh Kumar & Ors Vs State of H. P. & Ors. 2023 LiveLaw (HP) 20 Ganga Ram v. Special Land Acquisition Officer 2023 LiveLaw (HP) 21 M/s Bio Veda Action Research Company Vs The Regional Provident Fund Commissioner-II, Shimla 2023 LiveLaw (HP)...

Allahabad High Court’s 7 Judges Bench Frames Contempt Charges Against Kanpur Lawyers For Continuing Strike Despite HC’s Order

The Allahabad High Court on Friday framed contempt charges against office bearers of the Kanpur Bar Associations and Lawyers’ Association Kanpur Nagar for continuing their strike despite the HC’s order (to refrain from boycotting district courts) and for also using abusive unparliamentary language and outrageous behavior against the Judiciary. It may be noted that the lawyers of...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: April 3 To April 9

Nominal Index [Citation: 2023 LiveLaw(JKL) 70 - 74] Nikunj Sharma Vs State of J&K and another 2023 LiveLaw(JKL) 70 Mohammad Maqbool Regu and ors Vs Hilal Ahmad & Ors 2023 LiveLaw (JKL) 71 Farid Ahmad Tak Vs UT of J&K & Ors 2023 LiveLaw (JKL) 72 Fayaz Ahmad Rather Vs UT of J&K 2023 LiveLaw (JKL) 73 Sonika Sharma vs Union of India 2023...

Madhya Pradesh High Court Rejects Widow’s Plea For Family Pension, Says Contracting Second Marriage ‘Misconduct’

The Madhya Pradesh High Court has held that the second wife of a government employee is not entitled to family pension if the second marriage was done without obtaining a divorce from the first wife and without obtaining prior permission from the State Government as is mandated under the Madhya Pradesh Civil Services (Conduct) Rules 1965.A bench comprising Justice Vivek Agrawal passed the...

Once Civil Suit Has Been Disposed Of By Referring Parties To Arbitration Under S. 89 Of CPC, The Suit Can’t Be Revived: Calcutta High Court

The Calcutta High Court has ruled that once the court has disposed of a civil suit and referred the parties to arbitration in an application filed by it under Section 89 of the Code of Civil Procedure, 1908 (CPC), and has appointed an arbitrator with the written consent of both the parties, the suit cannot be revived. The Court rejected the argument of the petitioner/ claimant that...

Car Carrying Law Minister Kiren Rijiju Collides With Truck, Minister Escapes Unhurt

As per a recent report by NDTV, a truck collided with the car carrying Law Minister Kiren Rijiju while he was travelling on the Jammu-Srinagar highway near Ramban in Jammu and Kashmir on Saturday. Fortunately, the minister was unharmed in the minor accident. He was visiting J&K to launch the inaugural edition of the Constitution of India in Dogri Language, which was...

Person In Whose Custody The Goods Are Found To Produce Information Within A Reasonable Time: Delhi High Court

The Delhi High Court has held that it would be open for a person found in the custody of goods to produce the relevant information in its possession with respect to the goods within a reasonable time on being required to do so by the Commissioner.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that none of the authorities have even examined whether the documents...

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court

The Kerala High Court recently held that the police is not competent to register an offence under Section 195A (threatening any person to give false evidence) of the Indian Penal Code and that only a court is competent to consider an offence in relation to false evidence.A single bench of Justice A. Badharudeen observed that “When the threat dealt in Section 195 of IPC is giving...

“I Hope Chief Justice Muralidhar Will Be Elevated To Supreme Court Soon”: Former CJI Justice GB Patnaik

The former Chief Justice of India, Justice Gopala Ballav Patnaik has expressed hope that the incumbent Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar will soon be considered for elevation to the Supreme Court. Notably, Justice Muralidhar has been serving as Chief Justice of the Orissa High Court since January, 2021. Last year the Supreme Court Collegium...

Orissa High Court Rightly Regarded As ‘Custodian Of Constitution’: Justice BR Gavai

While addressing the felicitation ceremony of former Chief Justices and Judges of the Orissa High Court as a part of its celebration of 75th year of establishment, Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court said that the High Court has rightly been regarded as ‘custodian of the Constitution’. The event was attended by several dignitaries including former Chief...