Guwahati High Court

Bail application rejected as informant likely to be pressured

Rohul Amin Vs State of Assam (Gauhati High Court)

Gauhati High Court held that rejected the pre-arrest bail as the informant referred to mobile call screenshots which project that the petitioner repeatedly called him to mount pressure to compromise the matter....

Read More

Section 173 of CrPC does not prescribe piecemeal investigation

Subhra Jyoti Bharali Vs Directorate of Enforcement (Gauhati High Court)

Subhra Jyoti Bharali Vs Directorate of Enforcement (Gauhati High Court) Section 173 of the CrPC does not prescribe piecemeal investigation and filing of incomplete charge sheet before the court. Section 173(8) CrPC prescribes that even after filing of charge sheet further investigation can be done. In that case, if the investigating offic...

Read More

No seizure of Betel Nuts if Not Required For Investigation: Gauhati HC

MD. Rajibul Islam Vs The State of Assam (Gauhati High Court)

While the seized betel nuts are not required for the purpose of investigation, as is apparent from the report of the I.O., the grounds, so assigned for rejection of zimma petition, filed by the petitioner, by the learned court below, seems to be not in conformity with the law, so laid down by Hon’ble Supreme Court in the year 2002....

Read More

Forming an opinion that enquiry is required to be held is mandatory: HC

Sunita Agarwal Vs Securities And Exchange Board of India (Gauhati High Court)

Sunita Agarwal Vs Securities And Exchange Board of India (Gauhati High Court) Rule 4(3) of Securities and Exchange Board of India (Procedure for holding enquiry and imposing penalties) Rules, 1995  i.e. PR-1995 inter-alia provides that if after considering the cause shown pursuant to the notice under Sub-Rule 1, the adjudicating officer ...

Read More

Alternative Remedy of Appeal under SARFAESI Act available- HC dismisses Writ Petition

Veteran Security Service Vs Union Bank of India (Gauhati High Court)

Petitioners have efficacious alternative remedy of filing appeal under SARFAESI Act before DRT and therefore writ petition is dismissed...

Read More

Article 20 & Section 6 of General Clauses Act cannot applied to terms & conditions of a non statutory contract

Drillmec S.P. A Vs Oil India Ltd. (Guwahati High Court)

Drillmec S.P. A Vs Oil India Ltd. (Guwahati High Court) HC observed that provisions contained in Article 20 of the Constitution of India and Section 6 of the General Clauses Act, 1897 cannot be readily read into and applied to as the terms and conditions of a non-statutory contract. FULL TEXT OF THE JUDGMENT/ORDER OF […]...

Read More

Customs Summons u/s 108 directly to Managing Director untenable

Century Plyboards (India) Ltd And Anr. Vs The Union of India And 3 Ors. (Guwahati High Court)

Summoning of the MD should be undertaken only as a last resort in cases where assesses are not cooperating or the investigations are to be completed expeditiously. The same is not justified in the present case....

Read More

Bogus Purchase: AO cannot reject reply without recording satisfaction

Abhinav Mittal Vs Union of India (Gauhati High Court)

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...

Read More

Gauhati High Court Imposes Cost Rs. 2 Lacs Maharashtra Police

Dharampal Satyapal Ltd. Vs State of Maharashtra (Gauhati High Court)

Dharampal Satyapal Ltd. Vs State of Maharashtra (Gauhati High Court) The provision of Section 41 and 42 of the FSS Act, make special provision as regard how investigation needs to be carried out whenever there is a reasonable doubt about commission of the offence relating to food item by the authority. Section 41 prescribes that […...

Read More

CBIC Clarificatory Circular Operates retrospectively & not Bring Anything New

Sanjib Das Vs Union of India (Gauhati High Court)

Sanjib Das Vs The Union of India (Gauhati High Court) First this Court would like to deal with the question as to whether the Circular dated 11.11.2021 is clarificatory in nature thereby clarifying the Master Circular No.1053/02/2017-CX dated 10.03.2017. A Perusal of the said Circular dated 11.11.2021 stipulates that the concept of pre-sh...

Read More

Browse All Categories

CA, CS, CMA (6,180)
Company Law (8,631)
Corporate Law (10,962)
Custom Duty (9,594)
DGFT (4,887)
Excise Duty (4,929)
Fema / RBI (5,344)
Finance (5,765)
Income Tax (43,204)
SEBI (4,663)
Service Tax (4,094)

Search Posts by Date

December 2022
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031