Sponsored
    Follow Us:

All High Courts

Recovery Officer of Bank cannot continue Auction Sale if dues are Paid before Sale

March 1, 2022 2976 Views 0 comment Print

The BOB had already received the entire amount and, written an application to the Recovery Officer for cancellation of the sale process, but despite that the Recovery Officer had proceeded to confirm the sale wholly illegally and unauthorizedly.

WhatsApp group admin not vicariously liable for any objectionable content posted by a group member

March 1, 2022 3444 Views 0 comment Print

HC held that the only privilege enjoyed by the Admin of a WhatsApp group over other members is that, he can either add or delete any of the members from the group. He does not have physical or any control otherwise over what a member of a group is posting thereon. He cannot moderate or censor messages in a group.

One individual cannot hold two birth certificates containing different birth dates

March 1, 2022 11274 Views 0 comment Print

Vipin Sehrawat Vs Deputy Commissioner SDMC (Delhi High Court) Petitioner is holding two birth certificates with two different dates of birth. One individual cannot be permitted to hold two birth certificates containing two different birth dates as the identity of a person is established not only by his name and parentage but also by his […]

Extension of time for completion of OTS cannot be claimed as right by borrower

March 1, 2022 4986 Views 0 comment Print

Aseem Gaind Vs Axis Bank (Punjab & Haryana High Court) Admittedly, even according to the petitioner, his business has been closed since 2015. The reason for closure of the petitioner’s business is only indicated as ‘unavoidable and unforeseen circumstances’, and no particulars are forthcoming. The illness of petitioner’s father is also admittedly during the period […]

Properties given as dowry will form part of Suit Instituted by Daughter under Hindu Succession Act

March 1, 2022 2820 Views 0 comment Print

In a suit for partition, the properties which had been given as dowry or otherwise at the time of marriage of the daughter plaintiff, claiming a right of partition under Section 6 of the Hindu Succession Act, would be amenable for partition and the same would have to be included in a suit for partition.

Increasing the quantified OTS amount, without justifying the same, is against the doctrine of Legitimate Expectation

February 28, 2022 3252 Views 0 comment Print

The Court held that the Bank could not have unilaterally changed the quantified OTS amount to Rs.50,50,000/- after correctly quantifying the OTS amount to be Rs.36,50,000/-. The same would be against the principles of natural justice, and also runs contrary to the doctrine of Legitimate Expectation.

Invocation of section 13(2)(b) in absence of sufficient inquiry is unsustainable in law

February 28, 2022 870 Views 0 comment Print

In the present case, the AO, apart from relying upon some opinion of rent from property broker firms and websites, does not appear to have made any independent inquiry on the adequacy of the rent being charged by the respondent/assessee from Hamdard Dawakhana (Wakf).

Re-structuring of organisation or resizing of labour force not gives liberty to an employer to dispense with services of all employees

February 28, 2022 891 Views 0 comment Print

MSL Group India & Anr. Vs Eknath Narayan Shelar (Bombay High Court) Re-structuring of the organisation or resizing of the labour force does not give liberty to an employer to dispense with the services of all the employees and recruit fresh hands in their place – Bombay High Court It is  an admitted position that […]

Section 154 rectification application should be disposed off within statutory limitation

February 28, 2022 2394 Views 0 comment Print

Nortel Networks India International INC. Vs Assistant Director of Income Tax CPC (Delhi High Court) 1. By way of the present writ petition, Petitioner seeks directions to the Respondent No. 2 to dispose of within four weeks, Petitioner’s Rectification Application dated 14th May, 2020 granting the consequential TDS credit of Rs.5,51,15,908 due to the petitioner […]

AO must strictly follow time limit of 6 months to decide on Section 154 rectification application

February 28, 2022 2523 Views 0 comment Print

Nokia India Private Limited Vs ACIT (Delhi High Court) Court finds that CBDT instruction No. 2/2013 [F. No. 225/76/2013/ITA.II] dated 5th July, 2013 and Letter [F. No.225/148/2015-ITA-II], dated 5th July, 2015 stipulates that the Assessing Officers must strictly follow the time limit of six months provided under Section 154(8) of the Act in disposing of […]

Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031