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Punjab and Haryana HC

Arbitration application filed beyond 3 years is barred by limitation

August 5, 2022 4593 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 1782 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 804 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 2964 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 1107 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 810 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 504 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 3240 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 […]

HC upheld addition of 0.5% of Turnover in case of Entry Operator

June 23, 2022 789 Views 0 comment Print

Punjab and Haryana High Court affirms ITAT’s decision on Anil Kumar’s appeal, upholding the assessment. Court rejects challenge on grounds of different treatment for 2014-15.

S. 138 NI Act: Mere Undisputed Signatures on Cheque Not Sufficient For Conviction

June 21, 2022 8526 Views 0 comment Print

Parveen Mehta Vs Vishal Joshi (Punjab & Haryana High Court) HC held that undisputed signatures of the respondent on the cheque in itself is not sufficient for conviction under Section 138 of the Act. One of the ingredient for succeeding under Section 138 of the Act is that the cheque was issued for discharge of […]

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