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Section 148 Can Only Be Held When Income Has Escaped Assessment, Highlights Rajasthan High Court: S148 Order Quashed Due To Lack Of Prima Facie Ingredients For S148

   15 August 2022 at 15:23

The Rajasthan High Court with a bench of Justice Manindra Mohan Shrivastav and Justice Shubha Mehta held before the court that any material evidence is required to prove that the income exceeding 50,00,000 chargeable to tax has been escaped from ass ..

Posted in Others |   116 Views


45 Days Time Limit For Filing Application U/Sec 17 SARFAESI Act Is Meant For Quick Enforcement Of Security : Supreme Court

   13 August 2022 at 10:49

The Supreme Court noted that Section 17 of the SARFAESI Act provides for a 45-day time limit for filing an application in order to expedite the enforcement of the security. \ According to Section 17 of the SARFAESI Act, an application against measur ..

Posted in Others |   331 Views


Statement U/S 164 CrPC Is A Public Document, But Third Party Has To Establish Direct Interest To Get A Copy: Kerala High Court In Saritha's Plea

   12 August 2022 at 10:36

The Kerala High Court ruled on Thursday in a significant decision that a statement recorded under Section 164 of the Code of Criminal Procedure is a public document falling under Section 74(1)(iii) of the Indian Evidence Act because it is the record ..

Posted in Others |   126 Views


Mere Allegations Of Harassment Are Not Abetment Of Suicide Positive Act Is Essential To Conclude An Offence Under Section 306 Of The IPC

   11 August 2022 at 11:47

Mere allegations of harassment or pressure doesn’t make an individual accountable for suicide. Proof of an act done is necessary. Only a positive act which led the deceased to commit suicide will attract offence under section 306 of the IPC. S ..

Posted in Others |   129 Views


CPC Order XV Rule 5: Mere Denial Of Landlord-Tenant Relationship Doesn’t Grant Tenant A Holiday From Duty To Pay Rent/ Damages: SC

   11 August 2022 at 11:46

The instant appeal concerns procedural issues under Order XV Rule 5 CPC that arose in a suit for eviction and recovery of rent arrears, as well as damages for use and occupation. The plaintiff-appellant contended that she is the owner of the suit sh ..

Posted in Others |   342 Views


Punjab And Haryana High Court: Order Refusing Appointment Of Local Commissioner Under Order XXVI Rule 9 Of CPC, 1908 Does Not Affect Rights Of Parties: No Revision Available

   11 August 2022 at 11:46

In dealing with a revision petition for setting aside an order passed by the Additional Civil Judge dismissing the plaintiff's application for appointment of a Local Commissioner, the Punjab and Haryana High Court held that an order refusing app ..

Posted in Others |   171 Views


Appeal For Higher Compassionate Appointment Dismissed It Is Not A Vested Right; It Is A Mere Aid Amidst Immediate Hardships And Financial Crisis

   10 August 2022 at 11:13

This order came because of an instant appeal vis-à-vis compassionate appointment. It was held in the case of Iqbal Khan Vs State of U.P. and 2 Others that compassionate appointment cannot be treated as a bonanza. It is not a disbursement of a ..

Posted in Others |   100 Views


Sex Workers Entitled To All Rights Available To Citizens But Cannot Claim Special Treatment On Violating The Law: Delhi High Court

   09 August 2022 at 17:26

The Delhi High Court has ruled that, while a sex worker has the same rights as any other citizen, she cannot expect special treatment if she breaks the law. The Court made the remark while denying interim bail to a sex worker who allegedly forced a ..

Posted in Others |   121 Views


Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court

   09 August 2022 at 17:25

The Supreme Court stated that an application under Section 311 CrPC cannot be dismissed solely on the grounds that it will result in the prosecution's case being filled in. According to the bench of Justices DY Chandrachud and AS Bopanna, the p ..

Posted in Others |   374 Views


License To Use Software Is ‘Deemed Sale’ : Service Tax Not Leviable On Ground That Updates Are Provided : Supreme Court In Quick Heal's Case

   09 August 2022 at 14:53

The Supreme Court dismissed the Commissioner of Service Tax's appeals seeking to levy service tax of over Rs 56 crores on Quick Heal Technologies Ltd for the sale of anti-virus software between 2012 and 2014. The Court ruled that the sale of so ..

Posted in Others |   84 Views