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Jharkhand High Court

Public Authority liable to pay compensation to RTI complainant for negligence in discharge of duty

February 18, 2022 7011 Views 0 comment Print

State of Jharkhand Vs Information Commissioner (Jharkhand High Court) The provision of compensation has been provided under the provision of Section 19(8)(b) of RTI Act, 2005 by which a Public Authority is required to compensate the complainant for any loss or other detriment suffered. Since this Court has answered the issue about distinction in between […]

Wages under Employees Compensation Act Includes Privileges capable of being estimated in money: HC

February 8, 2022 7356 Views 0 comment Print

Reeta Devi Vs Sima Devi (Jharkhand High Court) Going by the definition of wages as given under Section 2(m) of the Employees Workmen’s Compensation Act, 1923 Act the contention of the Insurance Company that food allowance of Rs.80 per day shall not constitute part of wages is not tenable. A plain reading of the definition […]

HC granted interim relief from payment of GST for grant of mining lease/royalty 

January 24, 2022 20013 Views 3 comments Print

Ratan Black Stone Vs Union of India (Jharkhand High Court) Learned counsel for the Respondents submits that earlier, this Court have been pleased to grant stay of recovery of service tax for grant of mining lease / royalty from the petitioners covered under the interim order dated 02.03.2021 passed in the batch of writ petitions […]

Illegal transfer of PAN – Prima–facie evidence exist against CCIT: HC

December 29, 2021 1557 Views 0 comment Print

Jharkhand HC rejects discharge plea in Anup Kumar Lakhotia case. Charges framed under IPC and Prevention of Corruption Act. Legal analysis and key details.

HC dismisses PIL against Organising Ranchi T-20 Match With Full Audience Capacity

November 23, 2021 621 Views 0 comment Print

Dheeraj Kumar Vs State of Jharkhand (Jharkhand High Court) Since the decision has been taken by the competent authority as under Section 18(3) of the Disaster Management Act, 2005 relaxing the outdoor congregation for conducting the T-20 International Cricket Match as has been submitted by Mr. Amit Kumar Das, learned counsel for the JSCA that […]

Jharkhand HC quashes vague SCN on wrongful availment of ITC

October 19, 2021 11742 Views 0 comment Print

Proceedings under Section 74 of GST Act have to be preceded by a proper SCN – Jharkhand High Court quashed the Show Cause Notice (SCN) in respect of wrongful availment of Input Tax Credit (ITC) as it was vogue, unclear and lacked serious details.

Individual avoiding appearance before competent authority without any just excuse cannot escape coercive action including arrest

September 5, 2021 981 Views 0 comment Print

Directorate General of GST Intelligence Vs Pankaj Agarwal (Jharkhand High Court) Individual avoiding appearance before competent authority without any just excuse cannot escape coercive action including arrest Hon’ble High Court of Jharkhand by an order dated July 09, 2021, observed that section 69 read with section 70 of the Central Goods and Services Tax Act, […]

Section 138 NI Act- HC Explains Non-MICR Cheque Bouncing & Notice Under Certificate of Posting

July 19, 2021 13539 Views 0 comment Print

Md. Nasim Ansari son of Late Md. Muslim Vs The State of Jharkhand (Jharkhand High Court) Heard Mrs. Ritu Kumar, learned counsel for the petitioner. 2. Heard Mrs. Vandana Bharti, learned A.P.P. appearing on behalf of the opposite party- State. 3. Heard Mr. Ashok Kr. Sinha, learned counsel appearing on behalf of the opposite party […]

JVAT: Period of limitation to appeal against assessment order commences from date of service of demand notice, not from date of assessment order

June 4, 2021 2445 Views 0 comment Print

Orders of assessments were a quasi-judicial order passed after hearing of assessee, followed by issuance of demand notices as per the provision of JVAT Act itself and assessee had statutory remedies against the orders of assessments whose limitation commence from the date of receipt of the demand notices and not from the date of the assessment orders

Garnishee Notice cannot be issued when appeal is pending & pre-deposit is paid

March 25, 2021 1440 Views 0 comment Print

NG Gadhiya Vs State of Jharkhand & Others (Jharkhand High Court) Considering the facts and circumstances of the case and in view of the specific provision of sub-Sections 6 & 7 of Section 107 of the JGST Act and in view of the admitted position that the subsequent garnishee notices dated 15.01.2021 covers both the […]

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