Some Working Knowledge Of Accounts & Finance Doesn't Make Army's Graduation Certificate Equivalent To Specialised Qualification: Delhi High Court

The Delhi High Court has dismissed a plea moved by an ex-serviceman of Indian Army seeking appointment in a subsidiary company of Indian Railways, on the basis of the graduation certificate issued by the Army, as a Junior Assistant (Finance) under ex-Servicemen quota.The ex-serviceman Raj Kumar's argument was that since he was having the experience of "working in Administration / Accounts...

"Gross Professional Misconduct": Allahabad HC Orders Enquiry Against Advocate For Printing His Name On Property Sale-Purchase Ad

The Allahabad High Court last week ordered the State Bar Council to hold an inquiry against an Advocate whose name was mentioned on advertising leaflets for property sale, purchase, resolution of disputes, etc. For context, an advocate cannot run any business personally and earn a profit as per Rule 47 of the Bar Council of India Rules.Calling this gross professional misconduct, the bench...

Bombay High Court Restrains Mumbai Khadi and Village Industries Association From Selling Any Goods Under 'Khadi' Mark

The Bombay High Court has temporarily restrained the Mumbai Khadi and Village Industries Association from using the mark 'KHADI' and 'Charkha' logo or any deceptively similar mark to sell any product as part of its trade name, or in any manner that may amount to passing off.The order was passed in a suit filed by Khadi and Village Industries Commission against the Association for...

Small Tax Effect: Monetary Limit To Prefer An Appeal Before The Supreme Court Is Rs. 2 crores: Supreme Court

The Supreme Court disposed of the appeal on the ground of low tax effects. The division bench of Justice M.R. Shah and Justice Sudhanshu Dhulia observed that the monetary limit to file an appeal before the Supreme Court is Rs. 2 crores.The respective parties contended that the tax effect in both the appeals for the relevant assessment years (1995–96 and 1996–97) would be less than Rs....

"Engage Special Counsels For HC Appearance Only In Unavoidable Circumstances": UP Govt To Its Depts, Agencies

The Uttar Pradesh Government has asked its department and agencies to engage only panel lawyers to argue cases in the High Court and further directed that in case private lawyers/special counsels are to be engaged in unavoidable circumstances, the facts/circumstances for the same should be intimated to the Advocate General's office.Special secretary of the state government's justice...

GST Council Meet Raises Threshold For Launching Prosecution To Rs 2 Crores

The 48th GST Council presided over by Smt. Nirmala Sitharaman, Union Minister for Finance and Corporate Affairs recommended decriminalizing offenses under Section 132, raising the threshold for tax prosecution, and lowering the amount of compounding in GST.Except for the offense of issuance of invoices without a supply of goods or services or both, the Council has recommended raising the...

AO Can't Pass Rectification Order to Disallow Set-off Of Loss By Invoking Section 79 of Income Tax Act, On Change In Assessee's Shareholding: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that Section 154 of the Income Tax Act, 1961 can only be exercised by the Assessing Officer for rectification of mistake which is apparent on the face of record. The Bench of Pramod Kumar (Vice President) and Aby T. Varkey (Judicial Member) held that the issue whether Section 79 of the Income Tax Act was applicable in...

Arbitration Clause Is Limited To Quantum Of Damages, Termination Of Proceedings Is Valid : Delhi High Court

The High Court of Delhi has held that when the scope of arbitration clause is limited to quantum of damages only in the eventuality that the liability to pay is admitted by the insurance company, there can be no arbitration if the liability is denied.The bench of Justice V. Kameshwar Rao held that the suggestions given by the Surveyor in its report, though of substantial evidentiary value,...

Delhi High Court Weekly Round-Up: December 12 To December 18, 2022

Citations [2022 LiveLaw (Del) 1162 TO 2022 LiveLaw (Del) 1191]NOMINAL INDEXUnion of India v. Reliance Industries Limited 2022 LiveLaw (Del) 1162 M/S BANK OF BARODA & ANR vs MAHESH GUPTA & ORS. 2022 LiveLaw (Del) 1163 SHIV VINAYAK GUPTA & ANR. v. UNION OF INDIA AND ORS 2022 LiveLaw (Del) 1164 ADITI GOSWAMI v. GOVT. OF NCT OF DELHI & ORS. 2022 LiveLaw (Del) 1165 SADIQ...

'Intention To Cause Disorder Essential For Invoking Section 153-A': Punjab and Haryana High Court Grants Bail To Congress Leader

Observing that intention to cause disorder or incite people to violence is the sine qua non for the offence under Section 153-A, the Punjab and Haryana High Court has granted bail to Congress Leader Karamjit Singh Gill, who was arrested in August for wearing a t-shirt with picture of 1984 riots-accused Jagdish Tytler at Golden Temple.While the case registered under Section 153-A by...

Court Empowered To Grant Money Claim Under Section 9 Of A&C Act On Basis Of Admitted Claim: Bombay High Court

The Bombay High Court has reiterated that the power of the Court under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) to grant interim measures of protection, is wider than the power under the provisions of the Code of Civil Procedure, 1908 (CPC). It ruled that procedural provisions enumerated in the CPC cannot be invoked to defeat the grant of interim relief,...

Bombay High Court Takes Suo Motu Cognisance of Police Brutality on Lawyer In Goa's Porvorim

Taking suo motu cognisance of an incident of alleged assault on a lawyer by constables of Porvorim police station, the Bombay High Court at Goa has issued notice to the State government and Director General of Police, Goa.A division bench of Justice MS Sonak and Bharat Deshmpande directed the State to file a preliminary affidavit apprising the Court of steps taken in the matter, and the...