News Updates
Gauhati High Court Seeks ATR On Alleged Illegal Encroachments In Tipam Hills
The Gauhati High Court on Thursday, in a suo motu PIL, directed the authorities to submit a report and action taken with regard to the allegation of illegal encroachment of historic Tipam hill. The suo motu PIL was registered by the court in 2018 on the basis of a letter written by Late Nilay Dutta, Senior Advocate highlighting a report of the Assamese newspaper ‘Niyomiya...
Gauhati High Court Allows Declared Foreigner's Request For Extension Of Time To Register With Foreigners’ Regional Registration Office
The Gauhati High Court on Friday allowed the request of a declared ‘foreigner’, who had entered the State of Assam between the period 1966 and 1971, to extend the period for registering himself with the Foreigners’ Regional Registration Office (FRRO).The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan granted one month's time to Sakat Ali, observing, “In...
CM Eknath Shinde Has No Power To Interfere With Decision Of In-Charge Minister On Subject Matter Assigned: Bombay High Court
The Bombay High Court recently held that the Chief Minister of Maharashtra does not have independent powers to interfere with the subject assigned to another Minister.Justice Vinay Joshi and Justice Valmiki SA Menezes of the Nagpur bench quashed CM’s order staying the recruitment process of the Chandrapur District Central Co-operative Bank observing that the subject fell under the authority...
Patna High Court Says Most Law Colleges In State Lack Requisite Infra, Qualified Teachers; Seeks Reply From Chancellors
A division bench of the Patna High Court comprising Acting Chief Justice CS Singh and Justice Madhuresh Prasad has directed the Chancellor of all State Universities in Bihar to file an affidavit outlining what steps have been taken so far to streamline legal education in the State. The court passed the above order after having gone through several materials brought on record...
[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court
A bench comprising Justice Anil Kumar Sinha of the Patna High Court has recently ruled that while examining the legality of a punishment order in a departmental enquiry, the Court should focus on identifying flaws in the decision-making process, rather than sitting upon the decision itself as an Appellate Authority. In this case, the writ application was preferred against an order...
Some Leeway To Condone Delay In Cases Of Govt Cannot Be Construed As Absolute License To Flout Law: Himachal Pradesh High Court
Dismissing an application seeking condonation of delay filed by the Himachal Pradesh government, the High Court on Friday observed that the law has equal balance for all and though some leeway is permissible in the case of government but that cannot be construed as an absolute license to flout the law at whims. The application was filed alongside an appeal in terms of which the...
Revisional Powers U/S 102 Juvenile Justice Act Vested With High Court, Cannot Be Exercised By Sessions Court/ Children’s Court: Jammu & Kashmir HC
The Jammu and Kashmir and Ladakh High Court has made it clear that a Sessions Court or a Children’s Court cannot entertain a revision petition against the order of Juvenile Justice Board.Justice Sanjay Dhar observed that the power of revision under Section 102 of the Juvenile Justice Act is vested with the High alone. "No such power is vested with the Court of Sessions or Children’s...
There Should Be Level Playing Field For All Political Denominations To Hold Public Rallies In State: Calcutta High Court
The Calcutta High Court recently observed that there should be level playing field for all political denominations and ideologies in the State for holding public rallies, gatherings and meetings. The aforesaid observations were made by a single judge bench of Justice Rajasekhar Mantha while hearing a writ petition filed by a BJP leader challenging the decision of the State Police...
Income Tax Disallowances Made On Ad Hoc Basis Without Specifying A Particular Mistake: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that disallowances have been done on an ad hoc basis without specifying a particular mistake.The two-member bench of Astha Chandra (Judicial Member) and Shamim Yahya (Accountant Member) has set aside the orders of the authorities below and decided the issue in favor of the assessee and observed that AO has not pointed...
Allahabad High Court Irked Over Ongoing UP Power Workers Strike, Issues Bailable Warrant Against Union Leaders
The Allahabad High Court on Friday expressed its displeasure over the ongoing strike by the Uttar Pradesh electricity department employees despite the court's December 2022 order that the power supply should not be disrupted due to the strike by the employees.Issuing contempt proceedings against the Employees' Association and its office bearers, the bench of Justice Ashwani Kumar Mishra...
Employers Have To Deposit Employees' Contribution Towards EPF/ESI On Time To Avail Income Tax Deduction: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that employers have to deposit employees' contributions towards EPF/ESI on time to avail of income tax deductions.The two-member bench of Narender Kumar Choudhry (Judicial Member) and Anil Chaturvedi (Accountant Member) has relied on the decision of the Supreme Court in the case of Checkmate Services Pvt. Ltd. vs Commissioner...
Section 9 Of The Arbitration Act Does Not Envisage The Restoration Of Terminated Contract: Delhi High Court
The High Court of Delhi has held that the scope of Section 9 of the A&C Act does not envisages relief in the nature that would restore a contract which already stands terminated. The bench of Justice Chandra Dhari Singh held that the Court while exercising powers under Section 9 of the A&C Act cannot direct specific performance of a determinable contract. It held that a...