High Courts
Nursing Officers Recruitment: Uttarakhand High Court Bars Previously Appointed Senior Officers From Participating In Fresh Recruitment Drive
The Uttarakhand High Court has placed an interim bar on candidates, who are already employed as Nursing Officers in the Medical Health Department, from applying to the newly notified Nursing Officer posts in the Medical Education Department.A Division Bench of Chief Justice Ritu Bahri and Justice Rakesh Thapliyal has allowed the interim application filed by the appellants, Naval Kishore and...
Calcutta High Court Issues Notice On Plea Challenging Putting Up Of Illegal Hoardings In Bidhannagar
The Calcutta High Court on Thursday issued notice on a plea seeking directions on the Bidhannagar Municipal Corporation to take action against illegal hoardings in the Bidhannagar area. The plea stated that these hoardings were a danger to the locals of the area and were being placed in an unregulated manner."These illegal hoardings are a serious issue, its a very serious issue. We remember...
State Cannot Levy Tax On Electricity Consumed By Central Govt: Punjab & Haryana High Court Orders Rs 4.5L Refund
Observing that State Government cannot charge tax from the Central Government for using electricity in the state as per Article 287 of the Constitution, the Punjab & Haryana High Court has directed the Punjab Government to refund a sum of Rs.4.57 lakh to the Union of India.Military Engineering Service (MES), which is part of Ministry of Defence and looks after supply of electricity...
AO Can't Disregard ITAT's Direction To Re-examine Issue By Referring To CBDT Circular: Delhi High Court
The Delhi High Court has held that the assessing officer (AO) cannot disregard the direction of the Income Tax Appellate Tribunal (ITAT) to re-examine the issue by referring to the circular issued by the Central Board of Direct Taxes (CBDT).The bench of Justice Yashwant Varma and Justice Ravinder Dudeja has observed that since the additional grounds had come to be accepted by the Tribunal...
Assessment Order Need Not Contain Reference Disclosing Satisfaction On Each And Every Query: Bombay High Court
The Bombay High Court has held that it is not mandatory for assessment orders to contain reference and/or discussion to disclose its satisfaction in respect of each and every query raised.The bench of Justice K.R. Shriram and Justice Jitendra Jain has observed that since there is no discussion or finding on the issue of hazardous waste in the order, the respondent department should be taken...
Delhi High Court Quashes FIR Against Man Accused Of Sending Obscene Messages To Woman, Asks Him To Do Community Service For Three Months
While quashing a 2014 case registered against a man for allegedly sending obscene messages to a woman after settlement with her, the Delhi High Court has recently directed the man to do community service for three months in order to “atone for his sins.” Justice Subramonium Prasad directed the man to do one month of community service each in an old age home, LNJP hospital and an...
Kerala HC Calls For Suggestions On Utilization Of Available Space At DRT Ernakulam, Emphasises On Separate Toilets For Female Advocates
The Kerala High Court has directed the Debt Recovery Tribunal Advocates Association, the Union Government, and the Registrar of DRT to submit statements with their suggestions on how to best utilize the available space for the benefit of lawyers practising in DRT, ErnakulamJustice V G Arun directed the parties to specifically address the issue of providing toilet facilities for female...
University Income From Rentals, Not Exempted From Service Tax: Karnataka High Court
The Karnataka High Court has held that the university is liable to pay service tax on the income earned from the rentals of buildings leased or licensed for banking facilities.The bench of Justice Krishna S. Dixit and Justice Ramachandra D. Huddar has observed that when the university rents out its property for running a bank, the profit motive is abundant. It is not the case of the...
Appellate Court Can't Direct Party To Deposit Part Of Amount Covered By Impugned Verdict As Condition To Condone Delay: Kerala High Court
The Kerala High Court has held that an appellate Court cannot direct a party to deposit part of the amount covered by impugned verdict, as a prerequisite to condone the delay in filing the appeal.The delay condonation plea and the appeal filed by the revision petitioner were dismissed by the Sessions Court citing non-compliance with its order to pay maintenance arrears. Justice A....
Punjab & Haryana High Court Weekly Round-Up: July 22 - July 28, 2024
Nominal Index [Citations 166-176]Manpreet Kaur v. State of Punjab 2024 LiveLaw (PH) 166Mrs. Shiv Dei Guleria v. Union of India and Ors 2024 LiveLaw (PH) 167Jitender Jatasra v. State of Haryana & Ors. 2024 LiveLaw (PH) 168Varinder Pal Singh Dhoot V. UOI & Anr. 2024 LiveLaw (PH) 169Gurpreet Singh Sabharwal v. State of Haryana and others 2024 LiveLaw (PH) 170Ritu v. State of Haryana...
[Indian Succession Act] Surety Only Required For Issuing Letters Of Administration, Not For Issuance Of Probate Of Will: Gujarat High Court
The Gujarat High Court has ruled that furnishing surety and bond is not required for the issuance of probate to the executors of a Will. This requirement is only necessary for the issuance of letters of administration. The division bench of Justices Biren Vaishnav And Nisha M. Thakore observed, “Looking to the provisions of the Indian Succession Act, the provision for submission of surety...
Wrong Assessment U/s 44ADA By AO Attracts Revisionary Interference: Punjab & Haryana HC Upholds Revision By PCIT U/s 263
The Punjab & Haryana High Court recently upheld the revisional order passed by the Principal CIT u/s 263 by setting aside the assessment wrongly passed by the AO u/s 44ADA. The power under section 263 of the Income tax Act can be exercised where the order of the Assessing Officer is erroneous and prejudicial to the interest of the revenue. Whereas, Section 44ADA of the...