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Allowing short period to reply to SCN is violation of principle of natural justice

June 20, 2022 489 Views 0 comment Print

Puja Vs PCIT (Punjab and Haryana High Court) Mr. Vaibhav Gupta, Jr. Standing Counsel, accepts notice on behalf of respondent-Income Tax Department, and seeks time to file reply. Prima facie, the impugned order dt. 03.04.2022, passed under Section 148 (A)(d) of the Income Tax Act, 1961 appears to have been passed with regard to a […]

Witnesses cannot be relied if given deposition without reading the document

June 18, 2022 3186 Views 0 comment Print

The F.I.R. states the number of Santro car. Merely one of the witnesses has said that he has given the deposition by signing the document without reading and he was not much aware about which car has caused the accident, is not that much fatal.

Family pension available to transgender applicant: HC

June 18, 2022 1749 Views 0 comment Print

That the petitioner as a transgender has every right to choose her gender and accordingly, she has submitted her application for grant of family pension under Section 56(1) of Odisha Civil Services (Pension) Rules, 1992.

HC quashes section 148 Notice as Dept failed to give Minimum Time to Respond

June 18, 2022 3222 Views 0 comment Print

Shri Sai Co-Operative Thrift and Credit Society Ltd. Vs ITO (Delhi High Court) In the present case, though the petitioner responded to the show cause notice, yet it could not provide all the relevant details and documents, as the time period of three days to respond to the show cause notice was inadequate. Consequently, this […]

Arbitration & SARFAESI Act Proceedings can be Resorted Simultaneously

June 18, 2022 6591 Views 0 comment Print

Om Prakash Kumawat Vs Rekha Kumawat (Rajasthan High Court) In case of Indiabulls Housing Finance Limited , the Apex Court, after appreciating Sections 35 & 37 of the SARFAESI Act, held that arbitration proceedings and proceedings under the SARFAESI Act can be resorted to simultaneously Contention of learned counsel for the petitioners that in view […]

Direct Appointment of Arbitrator cannot be asked If Agreement Provides For Pre-Arbitration Reference to A Competent Authority

June 18, 2022 1461 Views 0 comment Print

Court held that a party cannot directly seek the appointment of the arbitrator when the agreement provides for pre-arbitration reference to some authority.

State Cannot Claim Preference over secured Assets for recovery of Tax Dues

June 18, 2022 579 Views 0 comment Print

State cannot claim preference over the subject property for the purpose of recovery of the dues towards tax. It is not in dispute that the first charge was created in favour of the bank and the bank in exercise of its powers under the SARFAESI Act, put the subject property to auction.

Bail cannot be denied merely because petitioner alleged to be habitual offenders or have criminal antecedents

June 18, 2022 26874 Views 0 comment Print

Injamam Shariff Vs State By Kengeri Police (Karnataka High Court) It is not in dispute that on theft of phone, a complaint is registered against unknown persons with an allegation that a mobile phone was snatched from the hands of the complainant. The petitioner is arrested along with one another after a week and sent […]

Bank not responsible for dishonour of cheque issued by its Customer

June 18, 2022 1374 Views 0 comment Print

The bank is only the custodian of the money of the customers and has to comply with the instructions of such customers. In case of insufficiency of funds, the bank is only to report the same and as such, cannot by any stretch of the imagination be liable for any act of the customer who has issued the cheque which was later dishonoured.

Transfer Sought by Wife cannot be denied for Inconvenience of Husband’s POA Holder

June 18, 2022 1560 Views 0 comment Print

Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought for by the wife.

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