News Updates
NFAC Bound By The Decision Of Jurisdictional High Court: ITAT
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that the National Faceless Appeal Centre (NFAC) was bound by the binding decision of the jurisdictional high court, where the AO was situated.The two-member bench of N.V. Vasudevan (Vice President) and Laxmi Prasad Sahu (Accountant Member) has observed that an appeal against the decision of the Agra ITAT would be before...
‘Clear Violation Of Article 300A’: Allahabad High Court Directs Probe Against NHAI For Delaying Compensation
The Allahabad High Court last week directed the Principal Secretary (Revenue) Uttar Pradesh to conduct an inquiry against the officials of the National Highways Authority of India (NHAI) for the delay in awarding compensation to people of nine villages despite acquiring their land for a highway project. The bench of Justice Sunita Agarwal and Justice Manjive Shukla passed this order on...
Personal Hearing To Be Granted In All Matters Prior To Finalisation Of Assessment: Madras High Court
The Madras High Court has held that personal hearings shall be granted in all matters prior to the finalization of assessments, except where the stand of the assessee is intended to be accepted by the department.The single bench of Justice Anitha Sumanth has observed that the officer has grossly erred in proceeding to finalize the assessment in violation of the principles of natural...
Senior Advocate Samaraditya Pal Passes Away
Senior Advocate and Constitutional expert Samaraditya Pal of Calcutta High Court passed away today at his residence in New Alipore. 84 year old Pal was the husband of Former Supreme Court judge, Justice Ruma Pal. Pal, who got his Barrister degree from Inner Temple, London, United Kingdom, was also known as 'Bachchu' in the court and legal circles. He appeared in several...
Party Seeking Condonation Of Delay In Filing Appeal Against Ex-Parte Decree Not Required To Explain Its Absence During Trial: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently held that the seeker of condonation of delay is not required to explain the period of his absence during the trial, what is required is explanation for period of delay which runs as per the Limitation Act.The observations were made by Justice Vinod Chatterji Koul while hearing a civil second appeal in terms of which the appellant had...
'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance
The Madras High Court has recently set aside an order of the Family Court directing the wife to pay twenty thousand rupees as interim maintenance to her husband during the pendency of their divorce petition. Justice R Subramanian and Justice K Govindarajan Thilakavadi noted that the Family Court judge had "magnified" a small procedure and had misplaced sympathy. The family judge had...
NCDRC Directs The Builder To Refund The Deposited Amount Along With Interest And Cost
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising Mr. Ram Surat Ram Maurya as Presiding Member and Dr. Inder Jit Singh as Member disposed of a consumer complaint. The complaint was filed by one Mr. Neeraj Antil against Ms/ Emaar MGF Land Limited for the delay in handing over the possession of the flat. The complainant contended that the construction of the...
Zee Media Moves Madras High Court Challenging Interrogatories Raised By MS Dhoni In Defamation Suit
Zee Media has approached the Madras High Court challenging the order of a single judge allowing Interrogatories raised by MS Dhoni in a defamation suit. Interrogatories are written questions asked by one party to a suit, to which the other party has to give written answers under oath.Justice R Mahadevan and Justice Mohammed Shaffiq adjourned the case to March 13th and refused to pass any...
NCDRC Directs Builder To Pay Compensation For Delay In Delivery Of Possession Of Flats
A bench of NCDRC (National Consumer Disputes Redressal Commission) comprised of Justice Ram Surat Ram Mauraya, (Presiding member) and Dr. Inder Jit Singh, has rejected the builder’s argument of ‘Force Majeure’ and awarded compensation to the flat buyer for delay in giving possession. The legal term ‘Force Majeure’( Act of GOD ) is a condition which absolves the liability...
Information Commission Bound To Hear PIO Before Imposing Penalty For Alleged Violation Of RTI Act: Karnataka High Court
The Karnataka High Court has said if an order is passed by the Karnataka State Information Commission imposing penalty on a Public Information Officer, without considering the written explanation submitted by him or permitting him opportunity to give oral explanation, then the order is in violation of the principles of natural justice and is liable to be quashed. A single judge bench of...
"People Doctor Ratio In India Abysmally Low": Calcutta High Court Upholds Denial Of Voluntary Retirement To Doctor Citing Larger Public Interest
The Calcutta High Court recently upheld an order of the Additional Chief Secretary To State's Health Department which rejected the application of a doctor for voluntary retirement on the ground of larger public interest. While upholding the said order, the division bench of Justice Harish Tandon and Justice Prasenjit Biswas observed: “The health sector being a most important...
'Someone’s Liberty Is At Stake': Kerala High Court Advises Caution While Considering Bail In POCSO Case Against Parent Litigating Child's Custody
The Kerala High Court on Tuesday held that while considering bail applications related to offences under the POCSO Act that involve allegations of child abuse by a parent, courts should approach the matter with great care, especially when there is litigation between parents over the custody of the child. A single bench of Justice Ziyad Rahman while allowing a bail application filed by a...