Trending
Income Tax Appellate Tribunal Cannot Pass Ex-Parte Orders Without Recording Reasons For Denying Adjournment: Allahabad High Court
While hearing an appeal under S. 260A of the Income Tax Act, the Allahabad High Court has held that the Income Tax Appellate Tribunal cannot reject adjournment applications and pass ex-parte orders without recording reasons for such dismissal. It was held that if the Tribunal was allowed to do such a thing, it would hamper the right of the parties to a reasonable opportunity...
Supreme Court To Give Opinion In Presidential Reference On Timelines For Bills' Assent Tomorrow
The Supreme Court will pronounce its opinion tomorrow(November 20) in the reference made by the President of India under Article 143, raising 14 questions related to the timelines for granting assent to Bills by the President and the Governor under Articles 200/201 of the Constitution.A bench comprising Chief Justice of India BR Gavai, Justice Surya Kant, Justice Vikram Nath, Justice PS...
P&H High Court Directs Haryana's Principal Secy To Personally Examine 80-Year-Old Widow's Five-Decade-Old Claim For Pensionary Benefits
Observing that the five-decades old case "reveals a saga of administrative apathy and a persistent struggle for rightful dues", the Punjab & Haryana High Court directed the concerned Principal Secretary of Haryana, to personally examine the veracity of the widow's pensionary benefit claims within two months and ensure that all lawful due to her are released “forthwith”.Justice...
Economic Offender's Plea To Travel Abroad For Medical Reasons Untenable When Treatment Available In India: Delhi High Court
The Delhi High Court has held that an economic offender's plea to travel abroad citing medical grounds is not tenable when appropriate treatment is readily available in India.Justice Ravinder Dudeja observed,“This Court is conscious of the principles of personal liberty under Article 21, however, these rights must be balanced against the compelling public interest in ensuring that...
Bus Driver Can't Be Held Negligent For Accident When Motorcyclist Fails To Ensure Road Is Clear Before Turning: P&H High Court
While granting acquittal in Death by negligence case, the Punjab & Haryana High Court said that the duty of care on the road applies equally to all motorists and that liability cannot be fastened on a bus driver in every case where an element of contributory negligence on the part of the other driver is apparent.The Court set-aside the conviction under Sections 304-A, 279, 427 IPC,...
NCLT Bengaluru Reserves Order On Riju Ravindran's Plea Against Glas Trust's Aakash Right Issue Funding Plan
The National Company Law Tribunal (NCLT), Bengaluru, on Wednesday reserved its order on an interim plea sought by Riju Ravindran, former promoter of Think and Learn Pvt Ltd (Byju's), challenging the Committee of Creditors' (CoC) approval of a Compulsorily Convertible Debenture (CCD) structure proposed by Glas Trust to fund TLPL's participation in Aakash Educational Services Ltd's (AESL)...
Use Of Word 'Determined' In SCN Shows Pre-Determination; S.74 Invocation Unsustainable: Madras High Court Quashes GST Demand
The Madras High Court has held that using the word 'Determined' in the show cause notice (SCN) betrays an element of pre-determination on the part of the authority. The bench highlighted that the show cause notice must clearly specify whether the assessee is being charged with fraud, suppression or wilful misstatement to invoke section 74 of the Tamil Nadu Goods and Services...
Kerala High Court Directs Election Commission To Take Action Against Unauthorized Flags, Banners In Wake Of Upcoming Election
The Kerala High Court on Wednesday (November 19) directed the State Election Commission (SEC) and the District Election Officers to monitor and to take action against unauthorized installation of banners, boards and flags put up by political parties in the State.Justice Devan Ramachandran passed the direction while dealing with a review in a plea against illegal and unauthorized flags...
Karnataka High Court Directs State To Implement Rule On Speed Limit, Helmet And Safety Harness For Children Riding Pillion
The Karnataka High Court on Wednesday directed the State to take immediate steps for implementation of Rule 138 (7) of Central Motor Vehicle (Second Amendment) Rules 2022, which prescribes maximum speed limit for two-wheelers when children ride pillion. The Rule also mandates helmet and safety harness for kids.A division bench of Chief Justice Vibhu Bakhru and Justice C M...
Order Refusing To Terminate Arbitration Is Not An Interim Award: Bombay High Court Dismisses Challenge U/S 34 A&C Act
The Bombay High Court dismissed a petition under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) challenging an order passed by the Arbitral Tribunal by which it had refused to terminate the ongoing proceedings holding that the order was merely a prima facie view, interlocutory one and not an arbitral award capable of being challenged. Justice...