High Courts
IIM-Ahmedabad Moves Gujarat High Court Against Order Quashing Expulsion Of Students
IIM-Ahmedabad has moved the Gujarat High Court challenging a single judge's order quashing the institute's expulsion of three students enrolled in Doctoral of Programme in Management course wherein it was held that the action was not in consonance with the procedure prescribed in the programme manual.During the hearing on Tuesday (January 6) the court orally asked the institute to show...
CGST |Tripura High Court Reads Down Section 16(2)(c), Shields Bona Fide Buyers From ITC Denial
The Tripura High Court has read down Section 16(2)(c) of the Central Goods and Services Tax Act, 2017, holding that while Input Tax Credit can be claimed only if the tax charged by the supplier is paid to the Government, the provision cannot be applied to deny credit to a bona fide purchaser for the supplier's default.A Division Bench of Chief Justice M S Ramachandra Rao and Justice S...
Presentation Of Security Cheque On Loan Default Not Criminal Breach Of Trust: Delhi High Court
The Delhi High Court has held that presentation of a security cheque by a bank upon default of loan repayment does not constitute the offence of criminal breach of trust under Section 409 IPC.Allowing the petitions filed by China Trust Commercial Bank (CTBC) and its officials, Justice Neena Bansal Krishna quashed the criminal proceedings initiated by a borrower's former...
Kerala High Court Seeks Clarification From NHAI On Mobile App To Address Highway Maintenance Issues
The Kerala High Court on Tuesday (06 January) has sought clarification from the National Highways Authority of India (NHAI) regarding the new feature in the mobile application 'Rajmargyatra' developed to address shortfalls in maintaining road standards prescribed by the Indian Road Congress (IRC).The division bench comprising Chief Justice Nitin Jamdar and Justice Syam Kumar V M were...
MCOCA Can Be Invoked Against Syndicate Members Even Without Prior FIRs: Delhi High Court
The Delhi High Court has held that the provisions of the Maharashtra Control of Organised Crime Act (MCOCA) can be invoked against an accused alleged to be a member of an organised crime syndicate even if there are no prior FIRs or charge-sheets against such accused in her individual capacity.Justice Sanjeev Narula observed,“the statutory requirement of “more than one charge-sheet” in...
Income Declared Under VDIS Can Still Be Scrutinised If Higher Income Is Found: Madhya Pradesh High Court
The High Court of Madhya Pradesh at Jabalpur recently held that declaring income under the Voluntary Disclosure of Income Scheme, 1997 does not stop the income tax department from checking whether the correct income was disclosed, even though the scheme protects the assessee from being questioned about the source of that income. A Division Bench of Justice Vivek Rusia and Justice Pradeep...
Hardcore Prisoner Can't Be Released On Emergency Parole Without Completion Of 5 Yrs Of Imprisonment After Latest Offence: P&H High Court
The Punjab & Haryana High Court has declined to grant emergency parole to a life convict seeking temporary release on account of the death of his wife, holding that he did not fulfil the statutory requirement of completing five years of imprisonment after his latest offence, as mandated under the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.However, taking a humanitarian...
Abu Salem Moves Bombay High Court Seeking 14-Days Emergency Parole Leave To Mourn Brother's Death
The Bombay High Court on Tuesday (January 6) ordered the Maharashtra Government to file a reply to a plea filed by underworld gangster Abu Salem–convicted in the 1993 Mumbai Bomb Blast Case–who has sought 14-days 'emergency parole leave' in view of his elder brother's death. Salem, who is in prison for more than 2 decades now, has petitioned the division bench of Justice Ajay Gadkari...
Plea Of Delay U/S 29A A&C Act Cannot Be Used Selectively By NHAI When Extensions Granted In Similar Land Acquisition Cases: HP High Court
The Himachal Pradesh High Court held that the National Highway Authority of India could not be permitted to raise the plea of delay and laches to defeat continuation of arbitral proceedings when extensions had already been granted and proceedings concluded in the cases of other similarly placed landowners. The court remarked that, having participated in the proceedings for almost nine years,...
Bar Bodies Move Madras High Court Challenging Mandatory E-Filing In District Courts, Cite Lack Of Infrastructural Facilities
The Madras High Court Advocates Association and other bar bodies have approached the Madras High Court challenging a recent notification mandating e-filing in the district judiciary. Remarking that a solution has to be found for the issue, the bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan adjourned the plea to January 19th. The bar bodies have...
Reassessment Notice To Non-Existent Firm Invalid: Bombay High Court Reiterates
The Bombay High Court has reiterated that proceedings initiated against a non-existent entity are invalid in law. A Division Bench of Justices B.P. Colabawalla and Amit S. Jamsandekar set aside a reassessment notice and a consequential assessment order issued under the Income Tax Act against a partnership firm that had merged into a private limited company years earlier. The case concerned...
