High Court Directs Punjab Police To Decide Representation Against Alleged Misuse Of 'Guru Granth Sahib' For Land Grabbing

Punjab and Haryana High Court recently directed Punjab's Inspector General of Police and Senior Superintendent of Police to decide a representation to stop the accused with immediate effect from committing sacrilege of Holy Guru Granth Sahib Ji.The bench comprising Justice Sandeep Moudgil was dealing with a petition wherein it was alleged that the private respondents unauthorisedly entered...

Appointment Of SSB Exam Candidates With Religious Tattoos | Allahabad HC Directs Centre To Comply With Its Order In 2 Months

The Allahabad High Court has directed the Central Government to comply with its March 7, 2022 order wherein it had directed the UOI and SSB to consider the candidature of 3 SSB Exam Candidates who were denied employment on account of certain tattoos on a certain part of their hands (forearm), in case they remove such tattoo.On March 7, 2022, the Bench of Justice Siddhartha Varma had directed...

Bombay High Court Directs Demolition Over 100-Year-Old Dilapidated Widows Hostel Building In Mumbai

Bombay High Court has upheld the demolition order of an over 100-year-old dilapidated C-1 category building in Mumbai that was home to widows from the Parsi community. The court ruled that the seven tests to check the building's strength under BMC's 2018 guidelines were not mandatory for load bearing structures like the present one and the guidelines would apply only to cement...

Delhi High Court Seeks Centre's Response On Batch Of Pleas Concerning Agnipath Scheme

The Delhi High Court on Thursday sought response from the Central Government in a bunch of pleas challenging its Agnipath Scheme and seeking resumption and enrolment as per previous recruitment scheme in defence services.A division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted four weeks time to the Centre for filing reply in the pleas, while...

Contempt Proceedings Would Not Lie In Absence Of Positive Act For Wilful Disobedience: Gujarat HC Declines Plea Against UK-Based Litigant

The Gujarat High Court has recently reiterated that the Court must confine itself in contempt jurisdiction to the four corners of the order alleged to have been disobeyed. It cannot travel beyond the order alleged to have been flouted. Further, to determine whether an act is contumacious, the Courts cannot apply a 'mechanical' mind and should determine whether 'positive' steps were taken...

Insurer Must Show Negligence & Lack Of Reasonable Care By Insured To Avoid Its Liability Under Motor Vehicles Act: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that under the Motor Vehicles Act, mere absence, fake or invalid driving licence or disqualification of driver to drive at the relevant time are not in themselves defences available to the insurer against either insured or third parties. To avoid liability towards insured, the insurer has to prove that insured was guilty of...

Order Passed Under Section 143(1) Is Not An Assessment; Delhi High Court Dismisses Ernst And Young's Writ Petition

The Delhi High Court has ruled that the order passed under Section 143(1) of the Income Tax Act, 1961 is not an assessment for the purposes of Section 147 and hence, it is not necessary for the Assessing Officer to come across some fresh tangible material to form a belief that the income of the assessee has escaped assessment in order to reopen assessment. The Bench of Justices...

Punjab & Haryana High Court Weekly Round Up: August 15- August 21, 2022

Nominal Index Avnish Kumar Sharma @ Avinish Versus State of Haryana 2022 LiveLaw (PH) 225 Sidak Singh Sandhu v. U.T. Chandigarh And Another 2022 LiveLaw (PH) 226 New India Assurance Company Limited versus Ravinder Kumar @ Vickey and others 2022 LiveLaw (PH) 227Gaurav Raheja VERSUS State of Punjab and another 2022 LiveLaw (PH) 228 Sukhdev Singh and Others Versus Jaswinder...

Investment Made By Director Of A Company Is Not An Operational Debt: NCLT Kolkata

The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rohit Kapoor ("Judicial Member") and Shri Harish Chander Suri (Technical Member), while adjudicating a petition filed in Akshat Pandey v Avighna Films Private Limited, has held that an investment made by the Director of a Company does not fall under the purview of an Operational Debt under the...

'Go-karts' Are Not Roadworthy, Can't Be Registered As Motor Vehicles With RTO: Karnataka AAR

The Karnataka Authority of Advance Ruling (AAR) has ruled that the "Go-karts" are not roadworthy and cannot be registered as motor vehicles with the Regional Transport Authority (RTO). Go-Karts are not classifiable as "motor vehicles meant for carrying passengers or persons" under Chapter Tariff Heading 8703 of the First Schedule to the Customs Tariff Act, 1975.The two–member bench...

Timelines For Uploading TRAN-1 For Seeking Credit And Revision Of Credit Cannot Be One: Madras High Court

The Madras High Court has held that the timelines for uploading of TRAN 1 for seeking credit as well as seeking revision of the credit cannot be one and the same as it leads to an unworkable position.The single bench of Justice Anitha Sumanth has observed that the time limit for revision of a TRAN-1 return be identical to the timeline for filing of a return seeking transition. The purpose...

Tribunal Cannot Interfere With Decision Of COC To Replace Resolution Professional : NCLAT Chennai

The National Company Law Appellate Tribunal ("NCLAT"), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Mr. Kanthi Narahari (Technical Member), while adjudicating an appeal in M/s IDBI Bank Limited v C.J. Davis, had set aside the Adjudicating Authority's order disallowing the Committee of Creditors ("CoC") to replace the Resolution Professional under Section...