High Courts
No Vested Legal Right To Allotment Of Public Site By Merely Making Online Booking: Delhi High Court
The Delhi High Court has observed a vested legal right for allotment of a public site/public park does not arise merely because the site has been booked online by paying the required amount.“There is no vested legal right to allotment of a public site or park by merely applying 'online' followed by payment of the booking amount.”The petitioner, Purvi Delhi Vaidehi Trust has booked a...
Police Cannot Order Freezing Of Bank Account Without Quantifying Amount Involved In Financial Fraud, Violates Right To Trade: Madras HC
The Madras High Court has recently ruled that the investigating agency cannot order freezing the entire bank account of a person involved in a financial fraud without quantifying the amount involved in the fraud. Justice G Jayachandran ruled that such orders freezing the entire amount would be construed as a violation of the fundamental right of trade and business as well as a violation...
"Tried To Flee From Police, Conscious Possession": Karnataka HC Upholds Conviction Of Man Found With Counterfeit Currency In 2010
The Karnataka High Court has upheld the conviction handed down to a man 14 years after the accused committed the offence of being in possession of counterfeit currency.A single judge bench of Justice Ramachandra D Huddar convicted T N Kumara, dismissed the appeal filed by him challenging the conviction under Section 489B and C of the Indian Penal Code in the year 2013. The court said...
Himachal Pradesh HC Rejects Challenge To Maintainability Of Abhishek Manu Singhvi's Plea Against Rajya Sabha Poll Defeat
On Monday, the Himachal Pradesh High Court UPHELD the maintainability of Congress' Rajya Sabha MP and Senior Advocate Dr. Abhishek Manu Singhvi's election plea challenging his defeat in the Rajya Sabha polls of February 2024. A bench of Justice Jyotsna Rewal Dua DISMISSED an application moved by BJP Rajya Sabha MP Harsh Mahajan to reject the election petition filed by Dr...
Second Provisional Attachment Notice Lacking Fresh Reasons Is Arbitrary: Allahabad High Court
The Allahabad High Court stated that issuing a second provisional attachment notice without providing new or fresh reasons is considered arbitrary. The Division Bench of Justices Shekhar B. Saraf and Manjive Shukla observed that “the department cannot be allowed simpliciter to issue a second notice, and thereafter, third and fourth and continue with the provisional attachment for...
In Absence Of Specific Reasons, GST Registration Can't Be Cancelled With Retrospective Effect : Delhi High Court
Finding that the Show Cause Notice (SCN) did not mention any particulars, which would provide any clue to the taxpayer/ petitioner as to the reasons for cancellation of its GST registration, the Delhi High Court quashed the SCN as well as the order, by which the GST Commissioner had cancelled the GST registration of petitioner with retrospective effect. The Division Bench of...
By Participating In Selection Process, Candidates Do Not Get Indefeasible Right To Get Appointment, Delhi High Court Reiterates
The Delhi High Court has dismissed a Writ Petition which challenged a judgement of the Central Administrative Tribunal. The Petitioner had sought seniority from the year 2007 despite being appointed in the year 2009, contending that he was entitled for appointment in the year 2007 itself.The Division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that the petitioner...
Income Tax Refund Can't Be Denied To Taxpayer For Discrepancy In Form 26AS Filed: Delhi High Court
While observing that tax was duly deducted by the Land Acquisition Collector but was not disclosed for some reasons and hence the credit was not reflected in Form 26AS, the Delhi High Court held that the assessee/ petitioner cannot be penalized for the mere reason that the Form 26AS suffered from a discrepancy. Therefore, condoning the delay u/s 119 of the Income tax Act, the High...
Karnataka HC Orders Departmental Inquiry Against Policemen For Filing False Chargesheet Under NDPS Act Against Students, Affecting Their Careers
The Karnataka High Court has directed initiation of Disciplinary proceedings/departmental inquiry against three policemen for having filed a false charge sheet against two persons claiming they consumed Ganja, even when the FSL report clearly opined no presence of any form of contraband in their body.A single judge bench of Justice M Nagaprasanna allowed the petition filed by Hanumantha...
Calcutta High Court Weekly Round-Up 09 September To 15 September, 2024
NOMINAL INDEXBaid Power Services Private Limited vs The Bihar Medical Services and Infrastructure Corporation Limited Citation: 2024 LiveLaw (Cal) 208JATIYATABADI AYINJIBI COUNCIL AND ANR. VS THE UNION OF INDIA AND ORS. Citation: 2024 LiveLaw (Cal) 209Tata Communications Limited Vs Rudrapriya Constructions LLP and Anr. Citation: 2024 LiveLaw (Cal) 210Tapan Kumar Samaddar Vs Sagar Jagdish...
Family Court Cannot Grant Divorce Based On Earlier Consent When It Is Later Withdrawn During Divorce Proceedings: Allahabad High Court
The Allahabad High Court has held that the Family Court cannot grant divorce based only on earlier consent given at the time of filing the divorce petition if the consent was withdrawn at a later stage in the divorce proceedings.Parties were married in 2006. After the appellant disserted her husband, he instituted the divorce proceedings on grounds of infertility attributable to...
Allahabad High Court Seeks UP Govt's Reply Over Demolition Of A House 'Without Following Procedure Of Law'
Last week, the Allahabad High Court sought the State Government's response over the demolition of a house in the State's Azamgarh district 'without following the procedure of law'. A bench of Justice Prakash Padia directed the standing counsel appearing to file an affidavit of 'some senior officer' of the Revenue Department explaining under what circumstances, without following...