Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply
2 years, 5 months ago

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply

Live Law  

The Madhya Pradesh High Court bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has held that the reassessment order was passed without considering the reply to the show cause notice and directed the department to pass a fresh order. The department submitted that indisputably the petitioner's reply escaped notice of the respondents while passing an order under Section 148A of the Income Tax Act, 1961. It was agreed by the department that the order dated 27.03.2022 may be set aside because of the procedural impropriety of not considering the reply. The court set aside the reassessment order dated 27.03.2022 and the consequential notice dated 29.03.2022 by reserving the liberty to pass a fresh order.

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History of this topic

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court
1 month, 1 week ago

Order Passed U/S 148A(d) Income Tax Act Is Not Appealable, Writ Jurisdiction Can Be Invoked: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that an order passed under Section 148A of the Income Tax Act 1961 is not an appealable order, therefore, the only remedy with an aggrieved party is to invoke writ jurisdiction of the High Court. In this scheme, a division bench of Justices Vivek Rusia and Binod Kumar Dwivedi observed, “Admittedly, the order …

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court
1 month, 1 week ago

Consequential Order Passed By Assessing Authority Beyond Terms Of Remand By Commissioner Is Unacceptable: Kerala High Court

Live Law  

The Division Bench of Kerala High Court comprising Justices A.K. observed that “the concern of the Assessing Authority, while passing a consequential order, has to be limited to those specific issues that have been remanded to it for consideration by the Commissioner……….” Section 263 of the Income Tax Act, 1961 empowers the Commissioner of Income Tax to revise any order …

High Court Rejects Mutation Order, Remands Case to Civil Court
2 months ago

High Court Rejects Mutation Order, Remands Case to Civil Court

Live Law  

The Madhya Pradesh High Court has reaffirmed the importance of issuing notice in property mutation proceedings. In a recent case, the court observed that the State had failed to issue notice to the petitioner despite the fact that the petitioner had been unable to appear before the State in 2015 when the order rejecting the mutation was passed. The court …

Once Revision Order Become Final, No Question Of Passing Another Order Will Arise: Meghalaya High Court
5 months, 1 week ago

Once Revision Order Become Final, No Question Of Passing Another Order Will Arise: Meghalaya High Court

Live Law  

The Meghalaya High Court has held that once the revision order becomes final, no question of passing another order will arise.The bench of Chief Justice S. Vaidyanathan and Justice W. Diengdoh has observed that the Assessing Officer had passed an order under Section 263 of the Income Tax Act, 1961, which was set aside by the Principal Commissioner of Income …

Reassessment Notice Not Issued In Terms Of Procedure Prescribed Under Faceless Assessment; Karnataka High Court Grants Interim Stay
5 months, 1 week ago

Reassessment Notice Not Issued In Terms Of Procedure Prescribed Under Faceless Assessment; Karnataka High Court Grants Interim Stay

Live Law  

The Karnataka High Court has granted an interim stay on a reassessment notice issued under Section 148 of the Income Tax Act, 1961 which was not issued in terms of the procedure prescribed under Faceless Assessment.The bench of Justice Sunil Dutt Yadav has stayed the reassessment notice issued by the jurisdictional assessing officer under Section 148 of the Income Tax …

Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court
7 months, 2 weeks ago

Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court

Live Law  

The Orissa High Court has held that reassessment orders cannot merely be based on a tax evasion report or an audit report.The bench of Justice B.R. Sarangi and Justice G. Satapathy has observed that it is not enough if the Assessing Officer refers to the tax evasion report or an audit report; he has to independently apply his mind and …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
7 months, 2 weeks ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

[Income Tax Act] Supreme Court Decision In UOI v. Ashish Agarwal Applicable To Parties Who Challenged Notice U/S 148: Allahabad High Court
8 months ago

[Income Tax Act] Supreme Court Decision In UOI v. Ashish Agarwal Applicable To Parties Who Challenged Notice U/S 148: Allahabad High Court

Live Law  

The Allahabad High Court has held that Supreme Court in Union of India v. Ashish Agarwal had not issued a general mandamus quashing all notices issued under Section 148 of the Income Tax Act, 1961. In Union of India v. Ashish Agarwal, the Union Government had challenged the order of the Allahabad High Court quashing the reassessment notices issued by …

Reopening Notice Issued U/s 148 Merits To Be Quashed If Barred By Limitation Period Prescribed U/s 149: Jharkhand High Court
10 months ago

Reopening Notice Issued U/s 148 Merits To Be Quashed If Barred By Limitation Period Prescribed U/s 149: Jharkhand High Court

Live Law  

Finding that the notice issued u/s 148 is barred by the limitation period prescribed u/s 149 of the Income tax Act, 1961, the Jharkhand High Court ruled that the very initiation of reassessment proceeding is wholly without jurisdiction. The Bench found that the Department has issued the Reassessment Notice dated July 21, 2022, u/s 148 pursuant to passing of impugned …

Reopening Of Assessment Inspired From 'Review' & 'Change Of Opinion' By Subsequent AO Is Deprecated: Madras HC
11 months, 2 weeks ago

Reopening Of Assessment Inspired From 'Review' & 'Change Of Opinion' By Subsequent AO Is Deprecated: Madras HC

Live Law  

While setting aside the order disposing of assessee's objection for re-opening of assessment pursuant to the issue of notice u/s 148 of the Income tax Act, 1961 and the consequent reassessment order, the Madras High Court held that there is no scope for re-opening of the assessment, since the reasons cited for same was inspired from change of opinion of …

Dept.’s Personal Opinion Not Tangible Material For Reopening Assessment: Calcutta High Court Quashes Reassessment
1 year ago

Dept.’s Personal Opinion Not Tangible Material For Reopening Assessment: Calcutta High Court Quashes Reassessment

Live Law  

The Calcutta High Court has quashed the reassessment order on the grounds that the department’s personal opinion is not tangible material for reopening the assessment.The bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that unless glaring omissions are demonstrated or conditions precedent for exercise of the power to reopen assessment are not. The Calcutta High …

Reassessment Notice Severed At Old Address Despite Knowing Assessee’s New Address: Delhi High Court Quashes Assessment Order
1 year, 1 month ago

Reassessment Notice Severed At Old Address Despite Knowing Assessee’s New Address: Delhi High Court Quashes Assessment Order

Live Law  

The Delhi High Court has quashed the assessment order as the notice under Section 148 was improperly served as it was sent to the old address, despite the fact that the department was aware of the new address.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that no notice, under Section 143 of the Income Tax Act, …

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order
1 year, 1 month ago

Accused Can't Be Given Opportunity To Explain Before Filing Final Report : Supreme Court Sets Aside 'Strange' HC Order

Live Law  

The Supreme Court recently expressed surprise at a direction passed by a High Court that the police will give opportunity to an accused to explain the materials collected against him before the filing of chargesheet.The Madhya Pradesh High Court passed the direction while refusing to quash an FIR under Section 482 of the Code of Criminal Procedure.Disapproving of the High …

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court
1 year, 1 month ago

CBIC Circulars Are Binding On Service Tax Dept, Violations Will Make Actions Illegal: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the circulars or instructions issued by the Central Board of Indirect Taxes and Customs are legally binding on the department, and their violation will make the actions of the respondent illegal and ex-facie bad in law.The bench of Justice Rongon Mukhopadhyay and Justice Deepak Roshan has observed that the Department has violated Clauses …

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court
1 year, 3 months ago

Transfer Order Can Be Passed In Administrative Exigency But Not As Punishment: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently invalidated a transfer order and a relieving order issued to an individual holding the position of Superintendent Engineer within the M.P. The division bench of Justices S. A. Dharmadhikari and Hirdesh observed, “Admittedly, there is approval of the Managing Director before passing the impugned transfer order and relieving order. The appellant had challenged a …

Gujarat High Court Quashes Faceless Assessment Order For Lack Of Proper Opportunity Of Hearing
1 year, 4 months ago

Gujarat High Court Quashes Faceless Assessment Order For Lack Of Proper Opportunity Of Hearing

Live Law  

The Gujarat High Court has quashed the faceless assessment on the grounds that there is only a day for the assessee to respond so as to save the limitation period.The bench of Justice Biren Vaishnav and Justice Devan M. Desai has observed that the order under Section 263 of the Act was passed by the PCIT-4 on March 16, 2020. …

S. 148 Income Tax Act| Notice Without DIN, Not Invalid, If Assesee Responds To Manual Notices: Allahabad High Court
1 year, 4 months ago

S. 148 Income Tax Act| Notice Without DIN, Not Invalid, If Assesee Responds To Manual Notices: Allahabad High Court

Live Law  

The Allahabad High Court had held that mere non-issuance of notices with DIN will not render them invalid if the petitioner has otherwise participated in the proceedings based on manual notices. Petitioner challenged the re-assessment order on the ground that notice under Section 148 of the Income Tax Act, 1961 was issued manually in violation of the circular issued by …

Madhya Pradesh High Court Stays Appointments With 27% Reservation for OBCs Beyond 50% Cap
1 year, 4 months ago

Madhya Pradesh High Court Stays Appointments With 27% Reservation for OBCs Beyond 50% Cap

Live Law  

The Madhya Pradesh High Court, in a recent development, issued a stay on further appointments involving a 27% reservation for Other Backward Classes that surpasses the 50% reservation cap. Notably, references were made to the case of Indra Sawhney and others vs. Union of India and others SCC 217), Dr. Jishri Laxmanarao Patil vs. Chief Minister of the State of …

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC
1 year, 5 months ago

Well Reasoned Interim Order Of Arbitral Tribunal, Courts Should Not Interfere Under Section 37 Of The A&C Act : Delhi HC

Live Law  

The High Court of Delhi has held that the Court under Section 37 of the A&C Act should not interfere with a reasoned order of the tribunal granting interim relief based on thorough examination of the matter. Accordingly, the Respondent No.1 invoked the dispute resolution clause and issued a notice for amicable settlement, however, upon the failure of the parties …

Order U/S 10 MP Accommodation Control Act Determining Rent Not Executable; Landlord Ought To File Civil Suit To Recover Arrears: High Court
1 year, 7 months ago

Order U/S 10 MP Accommodation Control Act Determining Rent Not Executable; Landlord Ought To File Civil Suit To Recover Arrears: High Court

Live Law  

The Madhya Pradesh High Court recently observed that an order passed under Section 10 of the Madhya Pradesh Accommodation Control Act, 1961 is not executable and that in order to recover the arrears, the landlord would have to file a suit for recovery. Section 10 of the Madhya Pradesh Accommodation Control Act, 1961 provides for the Rent Controlling Authority to …

'Specific Show-Cause Notice Necessary Before Imposing Penalty' : Supreme Court Quashes Debarment and Penalty Order Issued by MP DISCOM
1 year, 8 months ago

'Specific Show-Cause Notice Necessary Before Imposing Penalty' : Supreme Court Quashes Debarment and Penalty Order Issued by MP DISCOM

Live Law  

The Supreme Court has reiterated the requirement of a specific show-cause notice while quashing and setting aside the debarment and penalty order issued by the Madhya Pradesh Power Distribution Company against a tenderee who was awarded a contract for supply of transformers by the DISCOM. In the appeal filed before the Supreme Court against the decision of the High Court, …

Alternative Remedy Is Not Absolute Bar To Examine Conditions To Issue Reassessment Notice: Madhya Pradesh High Court
1 year, 9 months ago

Alternative Remedy Is Not Absolute Bar To Examine Conditions To Issue Reassessment Notice: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court stayed the reassessment proceedings and admitted them for the final hearing.The division bench of Justice S.A. Dharmadhikari and Justice Prakash Chandra Gupta has relied on the decision of the Supreme Court in the case of Red Chilli International Sales Vs. Income Tax Officer & Anr., in which it was held that writ petitions have been …

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail
1 year, 10 months ago

'Affects Independence Of District Judiciary' : Supreme Court Stays HC Order Asking Trial Court To Give Explanation For Granting Bail

Live Law  

The Supreme Court on Friday stayed an order issued by the Madhya Pradesh High Court, which had directed a trial court judge to provide justification for granting bail to an accused. While staying the order of the High Court, the bench opined that such orders of the High Court had the potential to undermine the independence of the district judiciary …

Nothing New Happened Between The Date Of Reassessment Order And The Date Of Forming The Opinion By AO: Bombay High Court Quashes Reassessment Order
1 year, 11 months ago

Nothing New Happened Between The Date Of Reassessment Order And The Date Of Forming The Opinion By AO: Bombay High Court Quashes Reassessment Order

Live Law  

The Bombay High Court has quashed the Reassessment Order and held that between the date of the order of assessment sought to be reopened and the date of the formation of an opinion by the Assessing Officer, nothing new has happened. There was no new information received, nor was there any mention of new material on file.The division bench of …

Income Tax Act | Writ Petition Can Be Entertained To Examine If Conditions To Issue Section 148 Notice Are Satisfied : Supreme Court
1 year, 11 months ago

Income Tax Act | Writ Petition Can Be Entertained To Examine If Conditions To Issue Section 148 Notice Are Satisfied : Supreme Court

Live Law  

The Supreme Court recently set aside an order of the Punjab and Haryana High Court which dismissed a writ petition filed by an assessee against a notice issued under Section 148A of the Income Tax Act 1961 for reopening assessment.The High Court had dismissed the writ petition on the ground of availability of alternative remedy. The Supreme Court recently set …

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court
1 year, 11 months ago

Order Extending Employee's Suspension After Filing Of Charge-Sheet Must Record Reasons: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore bench recently reiterated that once the charge-sheet in a departmental inquiry against the suspended delinquent employee is filed, the suspension can be extended only on the basis of a well-reasoned order. The bench comprising Justice Subodh Abhyankar made the observation by placing reliance on the decision of the Apex Court in the case of …

Gujarat High Court Quashes Assessment Order Of Income Tax Worth Rs. 101 Crores For Not Following Natural Justice
1 year, 11 months ago

Gujarat High Court Quashes Assessment Order Of Income Tax Worth Rs. 101 Crores For Not Following Natural Justice

Live Law  

The Gujarat High Court has quashed the assessment order of income tax worth Rs. The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has observed that the respondent/department will be at liberty to proceed with assessment under the provisions of Section 144B of the Income Tax Act, 1961, as permissible under the law, after issuance of a …

Reassessment Notice Based On Error Resulting From Oversight Of AO Is Not Valid: Delhi High Court
2 years, 1 month ago

Reassessment Notice Based On Error Resulting From Oversight Of AO Is Not Valid: Delhi High Court

Live Law  

The Delhi High Court has held that the reassessment notice based on an error resulting from the oversight of the assessing officer is not valid.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has relied on the decision of the Supreme Court in the case of Gemini Leather Stores v. Income Tax Officer, in which it was held …

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court
2 years, 2 months ago

Mere Issuance of Notice Does Not Attract Doctrine of 'Stare Decisis': MP High Court

Live Law  

The Madhya Pradesh High Court has reiterated that mere issuance of notice on a plea does not create a 'binding precedent' on courts, as it does not lay down any proposition of law to be followed in future.Justice Vivek Agarwal explained that 'Precedent' refers to a decision that is considered as an "authority" for deciding subsequent cases involving identical or …

Madhya Pradesh High Court Holds Proceeding Late At Night; Grants Interim Relief Against Demolition Of Alleged Illegal Construction
2 years, 3 months ago

Madhya Pradesh High Court Holds Proceeding Late At Night; Grants Interim Relief Against Demolition Of Alleged Illegal Construction

Live Law  

The High Court of Madhya Pradesh, Indore Bench conducted a proceeding at 9:10 pm on Saturday to hear a matter related to an alleged encroachment. Observing that prima facie it appeared that the Petitioner was not duly served with a proper notice to remove her alleged encroachment, the Court granted interim relief against the its demolition. Accordingly, the bench comprising …

Recovery Of Tax Dues Of A Company From Its Directors Under Section 179 Of Income Tax Act, Cannot Be Invoked Casually: Bombay High Court
2 years, 4 months ago

Recovery Of Tax Dues Of A Company From Its Directors Under Section 179 Of Income Tax Act, Cannot Be Invoked Casually: Bombay High Court

Live Law  

The Bombay High Court has ruled that exercise of jurisdiction under Section 179 of the Income Tax Act, 1961 against the director of a public company, to recover the tax dues of the said company, is violative of the principles of natural justice, where the Income Tax Authority has failed to give any opportunity of hearing to the director before …

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court
2 years, 4 months ago

Order XLVII Rule 9 CPC | Second Review Application Not Maintainable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently held that pursuant to the provision under Order XLVII Rule 9 CPC, a review of an order passed in a review petition is not maintainable. The said petition was dismissed against which a review petition was filed under Order XLVII Rule 1 CPC. Per contra, the State brought the attention of the Court to …

Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court
2 years, 4 months ago

Notice Of Proceeding Under Section 11 Of The A&C Act Is A Mandatory Requirement: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has held that it is mandatory for a High Court to issue notice of application under Section 11 of the A&C Act and non-compliance of which would vitiate the entire proceeding for appointment of arbitrator. The High Court did not issue a notice of proceeding under Section 11 of the A&C Act, however, at the …

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]
2 years, 4 months ago

All High Courts Weekly Round Up [July 25, 2022 - July 31, 2022]

Live Law  

Allahabad High Court NOMINAL INDEX Srinivas And Ors. Allahabad High Court Case Title : VAISHALI VARSHIKAR v VIJAY MOURYA and anr Citation: 2022 LiveLaw 177 The Madhya Pradesh High Court, Indore Bench, recently rejected an application for cancellation of bail of a person on the ground that his bail order had not conditioned him to not get involved in any …

Delhi High Court Quashes Assessment Order For Not Giving Opportunity To File Objection To SCN
2 years, 6 months ago

Delhi High Court Quashes Assessment Order For Not Giving Opportunity To File Objection To SCN

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Dinesh Kumar Sharma has quashed the assessment order as the assessee was not given an opportunity to file an objection to the show cause notice. The petitioner/assessee has challenged the reassessment notices for the assessment years 2014-15 and 2015-16 as well as the assessment orders passed under Section 147 read …

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error
2 years, 6 months ago

'Discretion Vested In Project Officer Usurped By Superiority Authority': MP High Orders Reinstatement Of Anganwadi Worker, Cites Jurisdictional Error

Live Law  

The Madhya Pradesh High Court, Gwalior Bench recently directed reinstatement of an Anganwadi Worker holding that the authorities did not follow the principles of natural justice while deciding her case. The Court further held that the plea of alternate remedy would not come to rescue of the State as the Project Officer took action against the Petitioner at the insistence …

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee
2 years, 6 months ago

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee

Live Law  

The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has quashed the reassessment order issued without considering the reply filed by the assessee. The department submitted that the petitioner's reply was not taken into consideration while passing the impugned order under Section 148A of the Income Tax Act. The court directed the assessing officer to …

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court
2 years, 8 months ago

Order Disposing Application U/S 91 CrPC Interlocutory, No Revision Lies Against It: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently set aside the order of lower court allowing revision against rejection of application under Section 91 CrPC, reiterating that the impugned order was interlocutory in nature and therefore no revision lies against it. Justice Atul Shreedharan was dealing with an application under Section 482 CrPC, moved by the Applicant who was aggrieved by the …

[Reservation In Civic Body Elections] Supreme Court Issues Notice In Plea Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification
3 years ago

[Reservation In Civic Body Elections] Supreme Court Issues Notice In Plea Challenging Madhya Pradesh High Court's Order Of Staying Reservation Notification

Live Law  

The Supreme Court today issued notice in the Special Leave petition assailing Madhya Pradesh High Court's interim order of staying the notification related to method of reservation in the civic body elections.The notice was issued by the bench of Justices AM Khanwilkar and CT Ravikumar.The High Court had stayed the notification dated December 10, 2020 to the extent. The Supreme …

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It
3 years, 1 month ago

Supreme Court Raps State Of Madhya Pradesh For Its Callous Way To Implement Orders Passed By It

Live Law  

The Supreme Court on Friday rapped the State of Madhya Pradesh for its callous way to implement the orders passed by the Top Court. The Top Court on October 21, 2021 had issued notice in the Special Leave Petitions assailing Madhya Pradesh High Court of quashing FIR registered against the accused u/s 420, 467, 468, 472 and 120-B of IPC.The …

Registry Not To Insist Process Fee For Issuance Of Notice When State Govt. Is Arrayed As Respondent: Karnataka High Court
3 years, 3 months ago

Registry Not To Insist Process Fee For Issuance Of Notice When State Govt. Is Arrayed As Respondent: Karnataka High Court

Live Law  

The Karnataka High Court has issued a circular declaring that payment of process fee is not required for issuance of Notice to State Government, in view of the fact that advance notice on State is already served as a matter of rule. The circular directs Officers and Officials working on the judicial side at Principal Bench, Bengaluru and in Benches …

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court
3 years, 3 months ago

Can Criminal Proceedings Continue After Exoneration In Departmental Enquiry On Same Allegations? Plea In Supreme Court

Live Law  

The Supreme Court has issued notice on a special leave petition which has raised the argument that criminal proceedings cannot continue after exoneration in departmental enquiry on the same allegations.The special leave petition is filed against a judgment of the Madhya Pradesh High Court which held that exoneration in departmental inquiry does not entitle an employee to seek quashing. The …

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court
3 years, 4 months ago

Post Expiration Of Probation Period, Automatic Confirmation Cannot Be Claimed As Matter Of Right: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court has recently observed that automatic confirmation cannot be claimed as a matter of right after the expiry of probation period, unless there is a vacancy for the same job. One of the conditions of the appointment order was that in the light of Rule 12 of the Madhya Pradesh Government Servants Rules, 1960, the petitioner's …

"Serious Allegations ": Karnataka High Court Vacates Stay, Orders Thorough Investigation Against Karnataka CM BS Yediyurappa in 'Operation Kamala' case
3 years, 8 months ago

"Serious Allegations ": Karnataka High Court Vacates Stay, Orders Thorough Investigation Against Karnataka CM BS Yediyurappa in 'Operation Kamala' case

Live Law  

In a set back to Chief Minister B.S. Yediyurappa, the Karnataka High Court vacated the stay granted on investigation and ordered a thorough probe to be conducted in the First Information Report in which he is accused of trying to woo JD MLA Naganagouda Kandkur's son Sharanagouda with promise of money and Ministry in 2019 "As the uncontroverted allegations made …

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]
4 years, 4 months ago

General Guidelines Issued By The HC Cannot Override Directions Given By Supreme Court On Judicial Side: SC [Read Order]

Live Law  

The Supreme Court on Friday rapped a local Court in Madhya Pradesh for its failure to complete trial in a rape case, despite explicit orders to do so within six months. The bench comprising Justices AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna rejected the explanation rendered by the Trial Court with regard to hearing of only urgent cases amid the …

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