Orissa High Court Notifies Scheme For ‘Lawyer Of The Year Award’ For Young Lawyers From District Courts

The Orissa High Court has notified a scheme for conferring ‘Lawyer of the Year Award’, which was initiated last year. The objective behind the award is to encourage young lawyers practicing in the District Courts, including the outlying stations of the districts. The scheme contains details related to features of the award, eligibility to apply, Jury, selection criteria etc....

CENVAT Credit Can’t Be Denied For Use Of Prime Quality Materials In Manufacture: CESTAT

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that there is no restriction in the CENVAT Credit Rules that the Appellants should not use prime quality materials for the manufacture of final products.The single bench of P.K. Choudhary (Judicial Member) has observed that as long as there is no dispute regarding the receipt and consumption of...

[Tender] Valid Show Cause Notice Must Disclose Charges Imposed, Afford A Reasonable Opportunity To Respond: Calcutta High Court

The Calcutta High Court has recently observed that the elements required to constitute a valid show cause notice include that the notice discloses the charges imposed upon the person or entity to whom such a notice is being addressed to and it affords a reasonable opportunity to the person to reply to the charges so made.Justice Moushumi Bhattacharya opined that the necessity of a show...

Maintenance To Wife Not A Debt, Husband's Pension Not Exempted From Attachment Towards Payment Of Arrears: Madras High Court

The Madras High Court has held that the maintenance allowance that is granted to the wife would not come within the purview of debt and thus, the pension of the husband is not exempt from attachment towards payment of arrears of maintenance. Highlighting that maintenance is a social justice to prevent destitution and vagrancy, Justice V Sivagnanam observed, "Lawful claim due to a...

Prayers For Partition & Separate Possession Can't Be Granted In Execution Proceedings: Bombay High Court

The Bombay High Court recently said that closed execution proceedings cannot be permitted to be reopened for indolent petitioners, who had not pursued their objections for 14 years and challenged the executing court's order two years after it was passed. Justice Sandeep V. Marne while dismissing the writ petition held – “…the objections appear to have been filed merely as...

Restrain Independent Fact-Finding Bodies, NGOs From Giving Any Reports On FIRs, Matters Pending Before Courts: Centre To Delhi High Court

Coming out in support of a petition which challenges the reports of independent fact-finding committees on the Northeast Delhi riots, the union government has told the Delhi High Court that reports published by any "private/extra-judicial body" are liable to be declared null and void.The Centre has also said that such "private/extra-judicial tribunals" ought to be restrained in future from...

CBDT Notifies Income Tax Exemption On California Public Employees Retirement System

The Central Board of Direct Taxes (CBDT) has allowed the California Public Employees Retirement System a Section 10 (23FE) exemption.The Central Government has specified that the pension fund, namely, the California Public Employees Retirement System, shall be eligible for income tax exemption in respect of the eligible investment made by it in India on or after January 25, 2023, but on or...

Custodial Death Allegations| 'Violation Of Article 21, Lalita Kumari Guidelines': Calcutta HC Orders Magistrate To Register Complaint Against Cops

While adjudicating upon an alleged custodial death case, the Calcutta High Court recently ruled that the concerned police authorities had violated Article 21 of the Constitution by not abiding by the guidelines laid down by the Supreme Court in Lalita Kumari vs. State of Uttar Pradesh (2014) as well as provisions of the Code of Criminal Procedure (CrPC). Accordingly, the Court ordered...

‘She Is For All Practical Purposes A Stateless Person’: Madras HC Directs Centre To Consider Issuing Indian Passport To Sri Lankan Refugees’ Daughter

The Madurai Bench of Madras High Court on Monday directed the Central Government to consider issuing a passport to a woman, whose parents had escaped to India to save themselves from persecution.Justice G. R. Swaminathan, noting that the process of applying for Indian Citizenship by naturalization under Section 6 of the Citizenship Act may not afford immediate relief, permitted the petitioner...

Material Referred In “Reasons To Believe” Not Supplied To Assessee, Reassessment vitiated: Rajasthan High Court

The Rajasthan High Court has held that the material referred to in the "reasons to believe" was not supplied to the assessee, and the entire proceedings for the reopening of the assessment and leading to the consequential assessment stand vitiated in law.The division bench, led by Chief Justice Pankaj Mittal and Justice Rekha Borana, ruled that a statement recorded under Section 132 (4) of...

Not Extinguishing Fire Shows Knowledge And Intention To Cause Death: Bombay High Court Upholds Man’s Murder Conviction For Killing Wife

The Bombay High Court recently upheld the murder conviction of a man observing that he did not try to extinguish the fire showing that he had the intention to murder his wife. A division bench of Justice Nitin W. Sambre and Justice R. N. Laddha held – “the act of the accused of pouring the kerosene oil on the person of the deceased, setting her ablaze and not extinguishing...

Delay By State To Issue Necessary Certificates: ITAT Quashes Revision Order

The Calcutta Bench of Income Tax Appellate Tribunal (ITAT) has quashed the revision proceedings initiated in the name of the deceased person.The revenue department acted quickly after receiving the legal heir certificate, according to the two-member bench of George Mathan (Judicial Member) and Arun Khodpia (Accountant Member). However, there has been a delay at the level of the state...