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HC directs payment of Interest on delayed payment of Salary help-up for 21 years

June 21, 2022 14952 Views 0 comment Print

Sovakar Guru Vs State of Odisha and Ors. (Orissa High Court) The grievance of the Petitioner, insofar as payment of arrears is concerned, has already been redressed but the interest component of the amount which has been held up for the last twenty-one years, is required to be paid. There is no dispute about the […]

Govt. Employee has No Statutory Right to Insist for posting at A Particular Place

June 21, 2022 3243 Views 0 comment Print

Dulamani Patel Vs State of Odisha (Orissa High Court) The Petitioner’s prayer insofar as promoting and repositioning him in the school where he was continuing or at a nearby place, is unsustainable as the Petitioner was holding a transferable post and under the conditions of service applicable to him, he was liable to be transferred […]

Employees cannot Be Permitted to Change Date of Birth after 5 years of Govt service

June 21, 2022 5730 Views 0 comment Print

Ugrasen Sahu Vs State of Odisha (Orissa High Court) In a State of Uttaranchal & Ors. Vs. Pitamber Dutt Semwal, the relief was denied to the Government employee on the ground that he sought correction in the service record after nearly 30 years of service. While setting aside the judgment of the High Court, the […]

MSMED Act is a special legislation and has an overriding effect,

June 21, 2022 3093 Views 0 comment Print

NBCC (India) Ltd. Vs State of West Bengal (Calcutta High Court) MSMED Act is a special legislation and has an overriding effect, the parties governed by it are bound to follow the mechanism provided under Section 18 of the Act. It was further reiterated in Mackintosh Burn Limited v. Micro and Small Enterprises Facilitation Council […]

Mere non-production of ID Card with season ticket, not render proper season ticket, invalid

June 21, 2022 726 Views 0 comment Print

The signature of the appellant on season ticket, was not disputed by the Railways. Moreover, season ticket and the journey extension tickets, were recovered, from the appellant while removing him at Hospital. In the circumstances, non-production of Identity Card alongwith season ticket, itself would not render proper season ticket, invalid.

No Return of Court Fees When Parties Referred to Arbitration under Section 8 of A&C Act

June 21, 2022 3375 Views 0 comment Print

A-One Realtors Pvt. Ltd Vs Energy Efficiency Services Ltd (Delhi High Court) It is settled law that a litigant is not entitled to refund of court fees in case of rejection of plaint under Order VII Rule 11 of the CPC where the plaint does not disclose a cause of action. On the same analogy, […]

Challenge to re-assessment proceeding before disposal of objection not maintainable: HC

June 21, 2022 672 Views 0 comment Print

Jagran Prakashan Limited Vs Assessing Officer (Allahabad High Court) Undisputedly, in view of the decision of the Supreme Court as regularly followed by this Court by way of procedural principle, the Court does not directly entertain the challenge to re-assessment proceeding before disposal of the objection filed by the assessee to the initiation of such […]

Bogus Purchase: AO cannot reject reply without recording satisfaction

June 21, 2022 3324 Views 0 comment Print

ITAT held that A transaction of purchase and a transaction of sale are two different transactions in two opposite directions. If the allegation is that bogus purchases were made and the reply given thereof is that no such purchases were made, but in fact it was a sale by the assessee, it was for the Income Tax officials to apply their own mind on the reply given by the petitioner.

HC Quashes Cryptic unreasoned order of three line

June 20, 2022 3837 Views 0 comment Print

HC was not satisfied with cryptic unreasoned order three line order Passed by AO and Therefore, quashed and set aside the assessment order

Compensation cannot be denied merely because of delay

June 20, 2022 5976 Views 0 comment Print

Ajet Ali Baidya Alias Ajet Baidya And Others Vs The State of West Bengal And Others (Calcutta High Court) Right to property is a valuable right flowing from Article 300A of the Constitution of India, merely on the ground of delay, the State cannot deny its obligation to compensate the petitioners. Facts- The writ petitioners prayed […]

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