High Courts
Gujarat High Court Orders Status Quo On "Illegal Construction" Of Temple On Housing Society Land In Ahmedabad
The Gujarat High Court recently ordered "status quo" on the alleged illegal construction of a temple on the land of Shardanagar Cooperative Housing Society in Ahmedabad's Paldi area. A single bench of Justice Sangeeta Vishen while issuing notices to the Ahmedabad Municipal Council (AMC) and other authorities directed, “Till the next date of hearing, the parties are directed to maintain...
Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court
The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit.While dismissing the plea of a sitting judicial officer to quash a disciplinary proceedings initiated against him, the Division Bench of Justice Sangam...
Voter ID Card/ Voter List Not Conclusive Proof Of Date Of Birth: Orissa High Court
The Orissa High Court has recently held that date of birth provided in the voter list/voter ID card, even though relevant as a public document under Section 35 of the Evidence Act, is not a conclusive proof of actual date of birth.While setting aside repudiation of an insurance claim basing upon the date of birth provided in voter ID card, the Single Bench of Dr. Justice Sanjeeb Kumar...
Uttarakhand HC Directs District Legal Services Authorities To Hire Advocates To Help Release Of Undertrials Unable To Furnish Bail Bonds
The Uttarakhand High Court has directed the District Legal Services Authorities (“DLSAs”) of the State to hire Advocates for the undertrials languishing in jail due to their inability to submit personal bonds to be released on bail. It is worthwhile to mention that vide order dated 10.04.2024, the direction was given to the authority to file a status report with regard to the detention...
No Provision In Law Prescribing Sisters To Be Legal Representatives When Wife, Son And Daughter (First Class Heirs) Surviving: Rajasthan HC
Rajasthan High Court has ruled that sisters cannot be considered legal representatives of a deceased individual especially where the first class heirs including the wife, son and daughter of the deceased were surviving.The bench of Justice Manoj Kumar Garg was hearing a tenant eviction case wherein a revision petition was filed by defendant against an order of the trial order. The trial court...
SCN Did Not Indicate Specific Allegation Of Non-Compliance Of Statutory Provision In Invoice: Delhi High Court Quashes SCN And Restores GST Registration
Finding that no document is annexed with the impugned show cause notice (SCN) which provides any clue as to which allegation is sought to be raised against the assessee, the Delhi High Court quashed the SCN. The High Court also clarified that issuance of the show cause notice would be rendered meaningless in absence of any specific allegation. The Division Bench of Justice...
Actress Ranjini Moves Kerala HC Challenging Publication Of Justice Hema Commission Report, Says She Gave Statements Under Promise Of Confidentiality
Malayalam film actress Ranjini has approached the Kerala High Court challenging a decision of a single bench of the Court allowing the publication of Justice Hema Committee Report on the conditions faced by women in the Malayalam film industry.The actress claimed that she had given statements to the Committee under the promise of confidentiality. The appeal was placed before the bench of...
GST Registration Shall Not Be Cancelled For Non-Filing Of Returns If Taxpayer Is Not Found Adopting Dubious Process To Evade Tax: Calcutta High Court
While pointing out that the suspension/ revocation of license would be counterproductive and works against the interest of the revenue, the Calcutta High Court clarified that assessee in such a case would not be able to carry on his business in the sense that no invoice can be raised by the assessee and ultimately would impact recovery of tax. Single Bench of Justice Raja Basu...
Mediation In Arbitration Cases: Gujarat High Court Launches India's First Med-Arb Centre
Chief Justice Sunita Agarwal formally inaugurated the country's first Med-Arb Centre at the Gujarat High Court Arbitration Centre on August 15, 2024.The inauguration followed the flag hoisting ceremony and was attended by judges of the High Court, specially trained mediators for Med-Arb, and other legal luminaries.The Med-Arb Centre is designed to facilitate the settlement of disputes...
"Because Of Your Client, Most Borrowers Are Facing LOC's": Bombay HC Tells Vijay Mallya's Counsel In Plea Challenging Economic Offenders Act
The Bombay High Court on Friday said former liquor baron Vijay Mallya had become the 'first cause' for issuances of 'Look Out Circulars' (LOCs) against several borrowers in the country.A division bench of Justices Kalpathi Shriram and Jitendra Jain made the remark while hearing a plea filed by Mallya, challenging the constitutional validity of the Fugitive Economic Offenders Act, 2018. The...
Can't Blow Hot & Cold On Apology For Remarks Against Tamilnadu: Madras High Court To BJP Minister Shobha Karandlaje
The Madras High Court on Friday orally said that BJP Minister Shobha Karandlaje, who's facing prosecution for making derogatory comments against the people of TN, should make a sincere apology.Justice G Jayachandran was hearing a petition filed by the Minister to quash the proceedings initiated against her.“You can't blow hot and cold. Either you want to say something, say by it. Or if...
Proceedings U/s 130 GST Act Can't Be Put To Service If Excess Stock Is Found During Survey Conducted At Business Premises: Allahabad High Court
Referring to the decision in case of Dinesh Kumar Pradeep Kumar Vs. Additional Commissioner [Writ Tax No. 1082 of 2022], the Allahabad High Court reiterated that even if excess stock is found at the business premises of the manufacturer, the proceedings u/s 130 of the UPGST Act cannot be initiated. As per Section 130 of the UPGST Act, the Government may require the person in charge of...