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Punjab and Haryana HC

TDS on interest on compensation not deductible by insurance company till 01.06.2015

August 22, 2022 4059 Views 0 comment Print

Held that insurance company is not required to deduct TDS on interest on compensation till 01.06.2015. However, after 01.06.2015, TDS is deductible if interest exceeds Rs. 50,000 per claimant per financial year.

Section 27 of General Clauses Act Presumes Service of Statutory Notice In Favour of Complainant

August 13, 2022 10491 Views 0 comment Print

Section 27 of the General Clauses Act, as per which, a presumption is raised in favour of the complainant that the notice had, in fact, been delivered.

Arbitration application filed beyond 3 years is barred by limitation

August 5, 2022 4530 Views 1 comment Print

Held that an application u/s. 11(6) of Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator, filed beyond three years, is barred by limitation.

Investigating Officer collecting document from agencies not become witness & cannot be cross examined for such documents

August 5, 2022 1677 Views 0 comment Print

Rakesh Jain Vs Central Bureau of Investigation (Punjab & Haryana High Court) There is a merit in the arguments raised by learned counsel for the respondent-CBI that Investigating Officer, who conducted the investigation in part, has collected various documents from the financial institutions like Banks, Income Tax Department, schools or insurance companies etc., which have […]

Bail granted in GST tax evasion case as accused already undergone 1½ year of actual sentence

August 4, 2022 744 Views 0 comment Print

Held that the power to grant bail is not to be deployed as a mechanism for imposing sentence even before a guilt is yet to be proved and established.

Section 148 | Writ Court Cannot Interfere at Notice stage if AO followed due procedures

August 4, 2022 2880 Views 0 comment Print

Midland Microfin Ltd. Vs Union of India and others (Punjab and Haryana High Court) Whether at this stage of notice under Section 148, writ Court should venture into the merits of the controversy when AO is yet to frame assessment/reassemment in discharge of statutory duty casted upon him under Section 147 of the Act Admittedly […]

GST ITC Scam: HC Grants Bail to accused after 10 Months In Custody

July 30, 2022 1041 Views 0 comment Print

Gourav Bansal Vs State of Haryana (Punjab & Haryana High Court) This common order shall dispose of above noted two petitions as they arise out of the same FIR. Prayer in these petitions, filed under Section 439 of the Code of Criminal Procedure, is for grant of regular bail to petitioners Gourav Bansal and Surender […]

Statement at Interim Injunction stage is Not a First Statement- Section 8 A&C Act

July 10, 2022 687 Views 0 comment Print

Respondent cannot be presumed to have submitted to the jurisdiction of Court and waived its right to arbitration when it had reserved its right to take appropriate legal proceedings against plaintiff.

NI Act | Circumvention of due process of law not allowed – Section 482 of Crpc

July 10, 2022 480 Views 0 comment Print

The process of law cannot be taken recourse to circumvent the due procedure prescribed in law. There is further no reason why the petitioner cannot take recourse to institution of appropriate proceedings before the competent authorities in accordance with law.

Muslim Girl can marry with Person of her Choice after completion of Age of 15

June 30, 2022 3105 Views 0 comment Print

Gulam Deen Vs State of Punjab (Punjab & Haryana High Court) This Court has taken note of the judgements cited on behalf of the petitioners and also the fact that the girl in the instant case i.e. petitioner No.2 is aged more than 16 years. In the case of Yunus Khan vs. State of Haryana […]

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