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Forfeited Gratuity cannot exceed the Loss amount in case of termination of employee for causing loss to Employer’s Property

March 30, 2022 9591 Views 0 comment Print

Union Bank Of India Vs Sh D.C. Chaturvedi (Delhi High Court) Section 4(6)(a) of the Act, however, provides that the gratuity of an employee, whose services may have been terminated for the reasons as specified therein, can be forfeited to the extent of damage or loss so caused. The relevant provision reads as under: “(6) […]

Once a cheque is issued by a person, it must be honored: HC

March 30, 2022 11337 Views 0 comment Print

Delhi High Court upholds conviction in cheque bounce case. Revision petition dismissed. Learn more about the legal implications of bounced cheques.

Jail is Rule & Bail is Exception for Money-Launderers: HC

March 30, 2022 2859 Views 0 comment Print

Anticipatory bail denied in PMLA case, applicant accused of money laundering. Enforcement Directorate cites forged documents and Rs.25,000 tainted money.

HC imposes cost on AO for blatant breach of principles of natural justice

March 30, 2022 2823 Views 0 comment Print

Goregaon Sports Club Vs ACIT (Bombay High Court) It is one of those blatant cases of breach of principles of natural justice and total non application of mind. In the assessment order, the Assessing Officer is referring to a show cause notice dated 12th April 2021 by which the DAO proposed modification in returned income […]

HC dismisses Writ against SCN as pre-mature on grounds of alternate remedy

March 30, 2022 2349 Views 0 comment Print

Kay Pan Sugandh Pvt. Ltd. Vs Director General of GST Intelligence (Chhattisgarh High Court) Petitioner is engaged in the business of manufacturing of pan masala of various brand names and retail sale price. From the pleadings made in writ petition, it is clear that petitioner got installed different PMPMs of different MRPs at its factory […]

ED Exempt from RTI Act except when Information Relates to Corruption or Human Rights Violation

March 30, 2022 3141 Views 0 comment Print

Union of India Vs Central Information Commission (Delhi High Court) Undoubtedly, the Appellant (Enforcement Directorat) is an intelligence and security organization specified in Second Schedule of RTI Act and is exempt from the purview of RTI Act except when the information pertains to allegation of corruption and human rights violation. Consequently, the submission made by […]

Gujarat HC summoned GST officials over detention of tax consultant

March 30, 2022 5628 Views 0 comment Print

Sanjay Mukeshbhai Patel Vs State of Gujarat (Gujarat High Court) The Gujarat HC on Wednesday ordered a Goods and Service Tax (GST) officer to appear in court on Thursday morning and bring a tax consultant who had reportedly been in the department’s custody for the previous five days without being shown before a judicial magistrate. […]

Bombay HC quashes 1377 Section 148 Notices issued after 31st March 21

March 30, 2022 24459 Views 0 comment Print

Since we are in respectful agreement with the reasons recorded and views taken by the Allahabad High Court, Rajasthan High Court, Delhi High Court and Madras High Court, in the cases referred hereinabove, and for reasons noted above, all these writ petitions listed above are disposed by allowing the same. The explanations to the Notification No.20 of 2021 dated 31st March 2021 and Notification No.38 of 2021 dated 27th April 2021 are declared ultra vires and are, therefore, bad in law and null and void.

HC Quashes Non-Speaking Order Passed in violation of principles of natural justice

March 29, 2022 4272 Views 0 comment Print

Subhatosh Majumdar Vs Union of India (Calcutta High Court) On perusal of the impugned assessment order, I find the same is non­speaking also. Though this Court is very reluctant to entertain any writ petition against any assessment order which is an appeallable order, but in view of patent violation of principles of natural justice and […]

HC order lifting of Blockage of Electronic Credit Ledger after one year of blockage

March 29, 2022 495 Views 0 comment Print

Jai Venktesh Concast Pvt. Ltd. Vs Assistant Commissioner of State Tax (Calcutta High Court) In this matter, petitioner has challenged the impugned action of the respondents blocking credit ledger of the petitioner by order dated 24th November, 2020. Learned advocate appearing for the petitioner submits that in view of Rule 86A(3) of the West Bengal […]

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