Rajasthan High Court Half-Yearly Digest: January To June 2022 [Citations: 1 - 202]

CITATIONS 2022 LiveLaw (Raj) 1 TO 2022 LiveLaw (Raj) 202 Digests Rajasthan High Court Monthly Digest: January 2022 [Citations 1 - 43] Rajasthan High Court Monthly Digest: February 2022 [Citations: 44 - 81] Rajasthan High Court Monthly Digest: March 2022 [Citations: 82 - 114] Rajasthan High Court Monthly Digest: April 2022 [Citations: 115 - 153] Rajasthan High Court...

S.389 CrPC & S.148 NI Act Independent Of Each Other, Non-Compliance Of Latter Doesn't Jeopardize Suspension Of Sentence Pending Appeal: P&H High Court

Punjab and Haryana High Court recently held that Section 389 of CrPC and Section 148 of the Negotiable Instruments Act are independent of each other. Whereas Section 389 is meant for protecting the personal liberty of the convict, Section 148 is auxiliary or supplemental to the mandate carried in Section 389.Section 389 CrPC provides for suspension of sentence pending appeal/ release...

S.200 CrPC | Magistrate Can Implead Co-Accused Even After Taking Cognizance Of Crime & Committal To Competent Court: MP High Court

The Madhya Pradesh High Court, Indore Bench recently held that a JMFC who had taken cognizance of a matter and committed the same to sessions court, can also entertain an application under Section 200 CrPC later, to implead other co-accused in the same crime. The bench comprising of Justice S. K. Singh further observed that summoning other co-accused is a part of the process of...

Past Service Of Transferred Employees To Be Included For Assessing Promotions, Other Benefits: Gujarat High Court

In a recent order, the Gujarat High Court has affirmed that when a person is transferred on his own request, his past service is counted while granting promotion or higher pay scale, particularly when the same department is involved. Thus, Justice Biren Vaishnav allowed the petition of workmen who were challenging a resolution of 2017 passed by the Finance Department stating that...

"Relaxations For One Candidate Violates Article 14" : Kerala High Court Cancels Appointment Of Assistant Professor At Mahatma Gandhi University

The Kerala High Court, on Thursday, while setting aside the impugned judgment of the Single Judge Bench, cancelled the selection of an Assistant Professor at M G University. A Division Bench consisting of Justice P. B. Suresh Kumar and Justice C. S. Sudha, while setting aside the impugned decision of the Single Judge, quashed the selection of the second respondent and directed the University...

Making Available Parking Space For Building Visitors Valid Reason For Tenant's Eviction U/S 11(3) Kerala Buildings Act, 1965: High Court

The Kerala High Court recently, while disposing of a Rent Control Revision Petition, held that making available parking space for building visitors is a valid reason for tenant's eviction under Section 11(3) Kerala Buildings Act, 1965.Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar, relying heavily on the High Court's decision in similar matters, clarified...

Karnataka High Court Permits Govt To Use Idgah Maidan For Religious & Cultural Activities For Limited Period

Indian society comprises diverse population, religious tolerance its characteristic.

"UTP's Right To Life Doesn't Diminish Even A Wee Bit When In Jail": Manipur HC Suspends Sentence Of POCSO Accused On Medical Grounds

"...under-trial prisoner's right to life does not diminish even a wee bit when in jail as an accused/convict for an offence and such person's health concerns have to be taken care by the State and if not done so, by the judiciary," the Manipur High Court recently observed as it released a POCSO Accused on bail on medical grounds.The bench of Justice M. V. Muralidaran further emphasized that...

Assessee To Furnish Necessary Documentary Evidence In Absence Of TDS Certificate To Claim TDS Credit: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT)has held that the assessee has to furnish necessary documentary evidence in the absence of a TDS certificate to claim TDS credit.The two-member bench of Rahul Choudhary (Judicial Member) and Om Prakash Kant (Accountant Member) has restored the issue of granting credit for tax deducted at source to the file of the Assessing...

Assessee Entitled To Refund Of Unutilized CENVAT Credit On Account Of Export Of Legal Services: Delhi High Court

The Delhi High Court has held that the assessee is entitled to a refund of unutilized CENVAT credit under the CENVAT Credit Rules, 2004 on account of the export of legal services under rule 5 of the CENVAT Credit Rules, 2004. The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju observed that, as per Rule 5, as long as the service provider provides an output...

Officer Is Duty Bound To Consider Explanation Offered For Expiry Of The E-Way Bill: Kerala High Court

The Kerala High Court has held that the officer is duty bound to consider the explanation offered by the petitioner for the expiry of the e-way bill.The single bench of Justice Gopinath P has observed that the officer rejected the explanation offered by the petitioner by stating that no evidence of repair being carried out has been produced. The officer imposed a penalty/tax on the...

Issuance Of Notice And Initiation Of Reassessment Proceeding Beyond 6 Years: Calcutta High Court Stays Proceedings

The Calcutta High Court has held that the issuance of notice and initiation of reassessment proceedings were beyond 6 years. Prima facie, it is barred by limitation both under the old Act as well as under the newly amended provision relating to Section 147 of the Income Tax Act, 1961.The single bench of Justice Md. Nizamuddin has observed that the petitioner has been able to make out a...