News Updates
Income Tax Officers Are Frequently Violating Principles Of Natural Justice: Allahabad High Court
The Allahabad High Court has criticized the Income Tax Authorities for frequently violating the principles of natural justice. The Court ruled that the harassment caused to the assessees and the breach of principles of natural justice by the Income Tax Officers has become uncontrolled due to the absence of an effective system of accountability of the erring officers. The Bench...
Married Daughters Entitled To Motor Accident Compensation For Parent's Death; Can't Discriminate Between Sons & Daughters : Karnataka High Court
The Karnataka High Court has said that even married daughters are entitled for compensation on all the heads from the insurance company on the death of their parent in an accident. A single judge bench of Justice H P Sandesh, sitting at Dharwad made the observation while dismissing the appeal filed by Reliance General Insurance Company Ltd challenging the order of the...
Person Exercising Legal Right In Court Has Correspondent Duty Not To Act In Manner Which May Lead To Violation Of Others' Rights: Delhi High Court
The Delhi High Court has observed that a person exercising a legal right in the court of law has a corresponding obligation and duty from acting in a manner which may lead to violation of the rights of other individuals."Vindicating of any personal grievance by violent means has to be rejected at the threshold," Justice Anoop Kumar Mendiratta added. The Court was dealing with a man seeking...
Section 5 Limitation Act Application Not Required If Application Under Section 34 Of A&C Act Is Within Statutory Period: Orissa High Court
The Orissa High Court has ruled that there is no requirement under Section 34(3) of the Arbitration and Conciliation Act, 1996 (A&C Act) to file a separate application for condonation of delay in filing an application to set aside an arbitral award under Section 34 of the A&C Act, since the prescribed and the extended periods are both provided under Section 34 of the...
Reagitating The Issue Attained Finality, By NCLT And Supreme Court, Is Abuse of process : NCLAT, Principal Bench
The Principal Bench of the NCLAT consisting of Justice Ashok Bhushan (Chairperson), Justice M. Satyanarayana Murthy (Judicial Member) and Barun Mitra (Technical Member) in the case of Vikas Dahiya (Ex-Director of Golden Tobacco Ltd.) Vs. Arrow Engineering Ltd. held that the doctrine of Res Judicata applies to proceedings under the IBC and challenge to the findings in incidental...
Sub Inspector Was Unaware Of 'Arnesh Kumar' Guidelines: Police Commissioner Submits Before Kerala High Court
An interesting development transpired in the Kerala High Court recently when a Commissioner of Police communicated in his statement to the Court that a Sub Inspector of Police was oblivious of the principles laid down by the Supreme Court in Arnesh Kumar v. State of Bihar.A Division Bench of Justice Alexander Thomas and Justice Shoba Annamma Eapen condemned the cavalier manner in which the...
GST Rates: 4 Myths Cleared
A lot of people are still not clear about GST rates on certain goods and services and there are a lot of myths that are doing the rounds. Here's a reality check for both GST rates on certain goods and services. Myth 1: GST charged on cash withdrawal from banks. Truth: No GST is levied when withdrawing cash from banks. In addition, there is no tax on customer cheques. The...
Whether The Power Railway Authorities To Evict An Unauthorised Occupant Of Property Owned By The Railways Is Unrestricted: Calcutta HC Refers To Larger Bench
In a writ petition challenging a General Notice for eviction of commercial plots over Kharagpore Division of the South Eastern Railway Justice Sabyasachi Bhattacharyya looks into the relation between the power railway authorities to evict an unauthorised occupant of property owned by the railways and its restriction, if exists any in Public Premises (Eviction of Unauthorised Occupants)...
NCLT Mumbai Declares Megi Agro Chem Insolvent, Reiterates OTS Proposal Amounts To Acknowledgement Of Debt
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Shri. H.V. Subba Rao (Judicial Member) and Smt. Anuradha Sanjay Bhatia (Technical Member), while adjudicating a petition filed in M/s. Pridhvi Asset Reconstruction and Securitisation Company Limited v M/s. Megi Agro Chem Limited, has initiated Corporate Insolvency Resolution Process ("CIRP") against Megi Agro...
Unitech Case: Supreme Court Allows Preeti Chandra To Approach PMLA Court For Regular Bail After ED's Interrogation Is Over
In a plea filed by former Unitech promoter Sanjay Chandra's wife, Preeti Chandra seeking permission to approach the PMLA Court to seek regular bail, the Supreme Court, on Wednesday, granted her permission to approach the Sessions Court Patiala House (PMLA Court) after the Enforcement Directorate (ED) is done with its interrogation. On 08.08.2022, the PMLA Court had...