News Updates
Dept. Failed To Establish Element Of Tax Evasion :Madhya Pradesh High Court Quashes Penalty
The Madhya Pradesh High Court quashed the penalty for the expiry of e-way bill as the department failed to establish that there existed any element of evasion of tax, fraudulent intent or negligence on the part of the petitioner.The division bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has observed that the delay of almost 4:30 hours before which the E-way Bill...
Gujarat High Court Weekly Round Up: August 22 To August 28, 2022
NOMINAL INDEX Chandrikaben Hargovinddas Parmar W/O Jayprakash Nareshkumar Joshi v. Jaiprakash Nareshbhai Joshi 2022 LiveLaw (Guj) 341 Paavanbhai Jagdishbhai Panchal v. State Of Gujarat 2022 LiveLaw (Guj) 342 Century Tiles Through Director Ganpatbhai Dahyabhai Patel v. The Deputy Collector & 2 other(s) 2022 LiveLaw (Guj) 343 Ibrahim Ahmed Patel v. Vinodkumar Bhanabhai...
"Relationship No Factor To Affect Credibility Of A Witness" : Allahabad High Court Upholds Conviction U/S 304 (II) IPC In A 1981 Case
The Allahabad High Court last week upheld the conviction of a man under Section 304 of the IPC who was sentenced to three years rigorous imprisonment under Section 304 (II) of the IPC for committing culpable homicide not amounting to murder in the year 1981.Stressing that relationship is not a factor to affect credibility of a witnes, the bench of Justice Vikram D. Chauhan observed that...
Compensation For Compulsory Acquisition Of Commercial Land Exempted From Income Tax: ITAT
The Patna Income Tax Appellate Tribunal (ITAT) has held that the compensation received in respect of an award or agreement has been exempt from the levy of income tax as per section 96 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (RFCTLARR Act).The two-member bench of Sonjoy Sarma (Judicial Member) and Manish...
Allahabad High Court Directs Mathura Court To Decide Plea For Survey Of Shahi Idgah Mosque Premises Within 4 Months
The Allahabad High Court has directed the Mathura Court to decide on two applications pending before it, filed in connection with the Sri Krishna Janambhumi Dispute, within 4 months. The applications essentially seek a survey of the disputed site and the appointment of a court commissioner for the purpose of the survey.The Bench of Justice Piyush Agrawal issued this order on a plea made...
Not Mandatory To Grant Anticipatory Bail Merely Because Interim Protection Was Granted At Initial Stage Of Proceedings: Delhi High Court
The Delhi High Court has observed that mere enjoyment of the interim benefit granted by it does not, in any manner, lessen the allegations which need to be considered on merits. Justice Anoop Kumar Mendiratta added that the Court is required to consider the nature of accusations, supporting evidence, reasonable apprehension of tampering with witnesses or apprehension of threat to complainants...
Not The Court's Job To Ban Apps: Supreme Court Refuses To Entertain Plea Against Truecaller
Supreme Court on Monday refused to entertain a Public Interest Litigation against the app, Truecaller, owing to the app allegedly being "intrusive". The matter was heard by the bench comprising Chief Justice of India U.U. Lalit and Justice Ravindra Bhat.At the outset, the petitioner underscored that the app Truecaller had users' personal information even if a person did not use the said app....
No Bar On Trial Courts In Deciding Issues Having No Precedent, Previously Undecided By Any Superior Court: Delhi High Court
The Delhi High Court has observed that the Trial Courts are wholly competent to decide the questions of fact and law which may arise before them, many of which may be res integra and previously undecided by any superior court. Justice C Hari Shankar added that the a Trial Court is well within its authority to decide all such issues and can even be the first judicial authority to take a view on...
Session Judge Who Passed 'Provocative Dress' Order In Civic Chandran's Case Moves Kerala High Court Challenging His Transfer
Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, who was recently transferred to the post of Presiding Officer, Labour Court, Kollam, subsequently after passing the 'Provocative Dress' remark in the Civic Chandran's Case, has approached the Kerala High Court challenging his transfer order. In the petition moved through Advocates Dinesh Mathew J. Muricken, Ahammad Sachin...
Transfer Orders In Armed Forces A Necessary Exigency Of Service, Can't Be Interfered With Unless Arbitrary/ Malafide: Delhi High Court
The Delhi High Court has observed that issuance of Posting Order resulting in transfer, especially for all those pertaining to Armed Forces, is a necessary exigency of service which should not be interfered by a Court as the Armed Forces are the best judges to exercise their own discretion. "Posting Order resulting in transfer, which is in the absence of a violation of any statutory...
Relief Of Specific Performance U/S 20 SRA Is No Longer Discretionary After 2018 Amendment: Gujarat High Court
The Gujarat High Court has held that the relief of specific performance under Section 20 of the Specific Reliefs Act is no longer discretionary, with notification of the 2018 Amendment Act.Whereas the unamended Section 20 stipulated that the specific relief "may" be granted at the discretion of the court, the amending Act substitutes Section 20 and renders the specific relief as...