News Updates
Illegal Demand Of Income Tax Mechanically- Allahabad High Court Imposes Cost Of 50 Lakhs On Income Tax Authorities
The Allahabad High Court has directed that the Union of India or other authorities under the Income Tax Act, 1961 shall not interfere with the quasi-judicial functions and discharge of statutory duties by the Assessing Officers unless permitted by the Income Tax Act. Further, the High Court directed the Union of India to put in place a mechanism to ensure that the information fed...
Judicial Order Refusing Permission To Travel Abroad Is "Interlocutory" In Nature & Not Revisable, Can Be Challenged U/S 482 CrPC: Punjab & Haryana HC
The Punjab and Haryana High Court has held that a judicial order refusing permission to travel abroad would qualify as an "interlocutory order" and thus, revision against the same is barred under Section 397(2) of CrPC.The provision states that powers of revision shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial, or other proceedings.In this...
Negotiable Instruments Act | Delay In Disposal Of Case Not Ground To Grant Interim Compensation U/S 143A: Karnataka High Court
The Karnataka High Court has said that delay in disposal of case filed under Section 138 of the Negotiable Instruments Act cannot be a ground to grant interim compensation under Section 143A of the Act. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Padmanabha T G and quashed the order dated 09.11.2021 directing the petitioner to pay 10 percent of...
Candidates Can't Claim As A Matter Of Right That Recruitment On Any Govt Post Should Be Made Every Year: Allahabad High Court
The Allahabad High Court has observed that candidates cannot claim as a matter of right that recruitment on any post should be made every year. With this, the Court denied relief to certain over-aged Assistant Prosecution Officer Exam - 2022 candidates.The bench of Justice Saurabh Shyam Shamshery also emphasized that due to inaction on the part of the State Government in not filing the...
Allopathy Doctors' Suit: High Court Asks Baba Ramdev To Not Mislead Public, Preserve Ayurveda's Esteem
The Delhi High Court on Wednesday told Baba Ramdev that while he is welcome to have followers and people who believe in what he says, however, the public at large must not be mislead by making statements against allopathy. The court also asked the yoga guru to refrain from saying anything more than what was official, while speaking in favour of Patanjali's product Coronil.Expressing concern...
Karnataka High Court Nod To Inspection Of Nursing Colleges By Legislative Panel
The Karnataka High Court has upheld the constitution of a Special House Committee which has been empowered to visit all the Nursing Colleges and Allied Health Sciences Institutions in the State and carry out inspections to ascertain whether they are functioning as per the directions of Indian Nursing Council and whether they have the necessary infrastructure and other facilities.The...
Justice Sunil Thomas Appointed As Judicial Member In CAT Ernakulam Bench
Central Administrative Tribunal (CAT) on Wednesday appointed Justice Sunil Thomas, former judge of the Kerala High Court, as the Judicial Member in its Ernakulam bench. Justice Thomas may assume charge by September 9. The office order issued by the Joint Registrar reads as follows: "In pursuance of Government of India, M/o Personnel, Public Grievances and Pensions, Department of Personnel...
AIADMK Leadership : Madras High Court Orders Status Quo Ante As On June 23, Says No To General Council Meeting Without Joint Consent Of OPS & EPS
The Madras High Court on Wednesday ordered to conduct a fresh General Council Meeting of the AIADMK party. The court also ordered the status quo ante, as existed on June 23, before the General Council meeting took place on July 11. The court observed that only the coordinator and the joint coordinator had the powers to convene the General Council. Thus the court in effect canceled the...
Govt Itself Permitted Businesses To Run 24x7, Police Cannot Restrict The Time On Their Own: Madras High Court
While hearing a shop owner's plea to direct the police not to interfere with his business during late night hours, the Madras High Court noted that the Government of Tamil Nadu has already passed orders permitting shops in the State to run 24x7. In such a situation, the police cannot interfere with the business, except in case of any law-and-order situation. Justice N Satish...
Party Seeking Appointment Of Arbitrator U/S 11(6) Must Demonstrate Failure By Other Party In Following Procedure: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that a party seeking appointment of an arbitrator through the intervention of the court must demonstrate that there was a failure by the other party in following the procedure and accepting the request for the appointment of an arbitrator before approaching the court. A bench comprising Chief Justice Pankaj Mithal was...
Failure To Raise 'Probable Defence' Or Deny Issuance Of Cheque & Signature Thereupon Strengthens Presumption U/S 139 NI Act: Himachal Pradesh HC
The Himachal Pradesh High Court has observed that if the drawer of a cheque fails to raise a "probable defence" or to contest the existence of a legally enforceable debt or to deny the issuance of the cheque and signatures thereupon, the statutory presumption in favour of cheque holder under Section 139 of Negotiable Instruments Act comes into play. The observation came from...
Preliminary Issues Are Determined Purely On Point Of Law In Isolation To Facts: Tripura High Court
The Tripura High Court recently observed that main controversies in a suit cannot be adjudicated as 'preliminary issues' as they require a full fledged trial and leading of evidence. Justice T. Amarnath Goud added that issues to be determined preliminary would exclusively and purely be on law point in isolation to facts but not mixed question of law and fact.The bench observed,"Issue which is...