Before Resorting To OV R15 CPC, Must Show Defendant's Absent From Residence & No Likelihood Of Being Found: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that before resorting to provisions contained in Order V Rule 15 (Issuance of Summons) of the CPC, it has to be shown that the defendant is absent from his residence at the time when the service of the summons is sought to be effected and there is no likelihood of his being found at the residence within a reasonable time.A...

Centralized Processing Centre Not Authorized To Carry Out Adjustment For Disallowance Of Section 80P Deduction: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the Centralised Processing Centre (CPC) was not authorized to carry out such adjustments for disallowance of deduction under section 80P of the Income Tax Act.The two-member bench of Pavan Kumar Gadale (Judicial Member) and Om Prakash Kant (Accountant Member) observed that the assessment year 2007-08 occurred prior to...

Delhi High Court Stays Motor Accident Tribunal's Order Directing Digging Of Deceased’s Grave For DNA Test To Verify Legal Heirs

The Delhi High Court has stayed an order passed by Motor Accident Claim Tribunal directing that the grave of a deceased man be dug up to conduct a DNA test for verifying the claim of compensation by various individuals asserting to be his legal heirs. Justice Rekha Palli observed that the Tribunal failed to appreciate that a DNA test cannot be ordered in a routine manner. Reliance was made on...

Amounts Paid By Google India To Google US For Seconded Employees Does Not Come Within ‘FTS’ or ‘FIS’: ITAT

The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) has held that amounts paid by Google India to Google US with reference to seconded employees do not come within the fees for technical services (FTS) or fees for included services (FIS) under the Income Tax Act or under the India-US Tax Treaty.The two-member bench of George George K. (Judicial Member) and Padmavathy S....

Expeditiously Appoint ASHA Workers For Chilla Khadar Locality: High Court Directs Delhi Govt

The Delhi High Court has directed the Union of India and Delhi Government to expeditiously conclude the process of appointment of ASHA workers in Chilla Khadar locality on the Yamuna bank. Around 4250 people live there in hutments. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the appointment process be concluded as expeditiously as...

Income Tax Demand On OYO For 1,140 Cr: Delhi High Court Directs CIT To Give Personal Hearing

The Delhi High Court has directed the Commissioner of Income Tax (CIT) to accord a personal hearing to OYO for the stay on the income tax demand of Rs. 1,140 crores.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that the CIT has not dealt with its application, which was preferred before him, in respect of the order passed by the Assessing Officer...

Sitting Judge Of Patna High Court, Justice Anil Kumar Upadhyay Passes Away

Sitting Judge of the Patna High Court, Justice Anil Kumar Upadhyay passed away this morning at a private hospital in Chennai. Justice Upadhyay was undergoing treatment for kidney-related issues and other ailments.Justice Upadhyay was elevated as a Judge of the High Court in May 2017 and he was due to retire in December 2024Justice Upadhyay was born on 4th December 1962. His father Late Vidya...

Successful Candidate's Juvenile Record Not Ground To Deny Service As Police Constable: Rajasthan High Court

The Rajasthan High Court recently held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time, from being employed in Government service.The division bench of Justice Sandeep Mehta and Justice Yogendra Kumar Purohit was hearing an intra...

Karnataka High Court Monthly Digest: February 2023

Nominal Index: 2023 LiveLaw (Kar) 37 to 84M Prakash And M Vinayaka & ANR. 2023 LiveLaw (Kar) 37Ameena Afroj And State of Karnataka & others. 2023 LiveLaw (Kar) 38Shesha Krishna And Krishn Hegde. 2023 LiveLaw (Kar) 39Akshata Chougala & Others And State of Karnataka & Others. 2023 LiveLaw (Kar) 40CH K.S.Prasad @ K S Prasad And State of Karnataka & ANR. 2023 LiveLaw (Kar)...

Take Expeditious Steps For Appointing Chairperson, Other Members Of PMLA Appellate Authority: Delhi High Court To Centre

The Delhi High Court has directed the Union Government to take expeditious steps for appointing Chairperson and other members of the Appellate Authority under Prevention of Money Laundering Act, 2002 (PMLA) within eight weeks. Taking judicial notice of the fact that there are a “large volume of cases” pending under PMLA, Justice Prathiba M Singh said that there is a “dire need”...

Impermissible To Dismiss Bail Plea Due To Absence Of Counsel, Court May Appoint Amicus For Accused & Hear Matter: Allahabad HC

In a significant observation, the Allahabad High Court has said that it is impermissible to dismiss bail applications for non-prosecution on account of the absence of counsel as it is violative of the fundamental rights of the prisoners guaranteed under Article 21 of the Constitution of India. The Court added that in such cases, an amicus curiae should be appointed to represent...

Drama In Bombay High Court As 10-Yr-Old Resists Father’s Attempts To Take Custody, Grandfather Asked To Hand Over Custody At Police Station

Amid the cries of a 10-year-old child refusing to be taken away by his biological father, the Bombay High Court asked the maternal grandfather to handover the child’s custody to the father at the police station later in the day.A division bench of Justices AS Gadkari and PD Naik denied to look at video footage of the child screaming for help and then physically fighting off the father while...