High Courts
Direction For Payment Of Mandatory Pre-deposit Doesn't Constitute 'Order' Within Meaning Of Sec 35G of Central Excise Act: Calcutta High Court
Taking note of Section 35G of the Central Excise Act, the Calcutta High Court clarified that an appeal shall lie to the High Court from “every order” passed in appeal by the Appellate Tribunal, though the maintainability thereof would be dependent on certain statutory limitations. As per Section 35G of Central Excise Act, 1944, an appeal shall lie to the High Court from every...
Failure Of Dept. To Frame Fresh Assessment Should Not Place Assessee In Disadvantageous Position: Delhi High Court
The Delhi High Court has held that the failure or inability of the department to frame a fresh assessment should not place the assessee in a more disadvantageous position than in what he would have been if a fresh assessment was made.The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that since the department has failed to comply with the order of the Tribunal in...
High Court Issues Notice To CBI On Plea To Probe Alleged Custodial Death Of Man In Punjab Prison
The Punjab & Haryana High Court has issued notice to the Central Bureau of Investigation (CBI) and the Punjab Government on a plea filed by a woman seeking a CBI probe into the alleged custodial death of her husband in Punjab's Rupnagar prison.While adjourning the matter to September 30, Justice Vinod S. Bhardwaj said, "Reply(ies), if any, be filed on or before the adjourned date with copy...
SCN Lacks Reason For Proposing GST Registration Cancellation: Delhi High Court Revokes Cancellation
The Delhi High Court has revoked the GST registration cancellation on the grounds that the show cause notice lacked the reason for proposing to cancel the petitioner's GST registration. It merely stated that proceedings for cancellation of the GST registration have been initiated. The bench of Justice Vibhu Bakhru and Justice Sachin Datta has observed that the show cause notice stated...
'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act
The Patna High Court on Wednesday (August 14) ordered the release of a detenue who was detained pursuant to the order passed by the Joint Secretary, Government of India, under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (“PITNDPS”). The release was ordered because the opinion of the advisory board recommending the detention of...
[S.4 POCSO Act] Guilt Can Be Established Based On Victim's Uncorroborated Statement Provided It Is Cogent & Relevant: Gauhati HC
The Gauhati High Court recently upheld a conviction passed by the Trial Court under Section 4 of the POCSO Act, by observing that in case of a sexual offence, the finding of guilt can be recorded even on the basis of an uncorroborated statement of the victim provided the same is cogent and relevant. The single-judge bench of Justice Malasri Nandi noted:“The trial court found the...
Right To Practise Law Is A Fundamental Right, Bar Associations Not Empowered To Restrain Lawyers From Appearing Before Any Court: Madras HC
The Madras High Court recently observed that a bar association was not empowered to restrict a lawyer from appearing in court. The court observed that the right to practice law was a fundamental right and such a right could not be taken away by the Bar Association by suspending lawyers. “The Bar Association is not empowered to prevent or restrain any Advocate from appearing before...
Compensation To Discontinue Commodity Brokerage Business Chargeable To Income Tax: Kerala High Court
The Kerala High Court has held that the amount received by the assessee is under an agreement for not carrying out any activity in relation to any business that was carried on by the assessee; it would attract the provisions of Section 28(va)(a) of the Income Tax Act and make the receipt chargeable to income tax under the heading of “Profits and gains of business or profession.”.The bench...
Barred By Limitation: Allahabad HC Rejects BJP Leader Maneka Gandhi's Plea Against Sultanpur MP's Election
The Allahabad High Court (Lucknow Bench) today DISMISSED a plea moved by Senior BJP leader, former MP and Cabinet Minister Maneka Gandhi challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from the Sultanpur Lok Sabha constituency.A bench of Justice Rajan Roy found the election plea to be barred by limitation, holding that Gandhi's election plea had been filed in contravention...
Punjab & Haryana High Court Calls For Report On HC Expansion After Heavy Rains Lead To Destruction Of Court Files
Taking note of the "disturbing event" of heavy rains in Chandigarh which led to the destruction of the Court files, the Punjab & Haryana High Court has directed the Union Government to complete the report on the holistic development of the High Court building "expeditiously."Chief Justice Sheel Nagu and Justice Anil Kshetarpal noted, "It is pertinent to point out that old District...
Delhi High Court Issues Notice To BJP MP Bansuri Swaraj On AAP Leader Somnath Bharti's Plea Challenging Her Election
The Delhi High Court on Wednesday issued notice to BJP MP Bansuri Swaraj in the plea moved by Aam Aadmi Party (AAP) leader Somnath Bharti challenging her election from New Delhi Parliamentary Constituency in the Lok Sabha Polls, 2024, on the grounds of 'corrupt practices'.Justice Manmeet Pritam Singh Arora directed Swaraj to file a response to the plea within 30 days. However, the court...
Hindu Father Bound To Maintain Unmarried Daughter As Per S. 20 HAM Act If She Is Unable To Maintain Herself: Allahabad HC
The Allahabad High Court has observed that Section 20 of the Hindu Adoptions and Maintenance Act, 1956, casts a statutory obligation on a Hindu man to maintain his daughter, who is unmarried and unable to maintain herself out of her own earnings or other property. “Section 20(3) of Hindu Adoptions and Maintenance Act, 1956 is nothing but recognition of principles of Hindu Law...