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Land Earmarked For Public Purpose But Not Acquired Within Statutory Period : Supreme Court Upholds Original Owners' Right To Sell

The Supreme Court affirmed ownership rights of land purchasers over land in Thanjavur, Tamil Nadu which was designated for “public purpose” in a 1978 Layout Plan but no steps were taken by the planning authority or the state government to acquire it within the three-year statutory period mandated by the Tamil Nadu Town and Country Planning Act. A bench of …

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court

The Supreme Court has criticised the practice of government institutions engaging workers on a temporary basis for a prolonged period, which results in the infringement of various labour rights. While allowing the regularisation of certain workers who were employed on a temporary basis for about 14-20 years by the Central Water Commission, a bench comprising Justice Vikram Nath and Prasanna …

S. 56 Electricity Act 2003 | 2 Year Limitation Period Not Applicable To Dues Incurred Before Enforcement Of 2003 Act : Supreme Court

The Supreme Court held that the liability arising out of the electricity bill dues which accrued before the enforcement of the Electricity Act, 2003 would not be barred by the 2-year old limitation period prescribed under Section 56 of the 2003 Act. On October 13, 2011, the division bench allowed an appeal and quashed the second show cause notice under …

Absence Of Incriminating Materials, AO Not Empowered To Reopen Assessments In Block Period Of Six Years: Kerala High Court

The Kerala High Court has held that based on the material obtained during the search, the Assessing Officer, who gets the jurisdiction to re-open the assessments, can do so in respect of the individual assessment years comprised in the block period of six years only if the material obtained during the search under Section 132 of the Income Tax Act, …

The Supreme Court held that procedural formalities cannot be used to deny regularization of service to an employee whose appointment was termed "temporary" but has performed the same duties as performed by the regular employee over a considerable period in the capacity of the regular employee.Setting aside the High Court's decision which had declined to regularize the employment of employees. …

The Supreme Court bench comprising Justices MR Shah and MM Sundresh have held that, “to continue with the temporary acquisition for number of years would be arbitrary and can be said to be infringing the right to use the property guaranteed under Article 300A of the Constitution of India. Even to continue with the temporary acquisition for a longer period …

The National Company Law Appellate Tribunal, Chennai Bench, comprising of Justice M. Venugopal and Shri Naresh Salecha, while adjudicating an appeal filed in M.K. Alongwith the appeal, the Appellants filed an Interim Application before the NCLAT seeking exclusion of the period from 25.01.2022 till 22.06.2022 in computing the period of Limitation of the Appeal. Further, if the period of 147 …

GST Proceedings Initiated By Anti Evasion And Range Office For The Same Period Is Not Permissible: Calcutta High Court

The Calcutta High Court has held that since the audit proceedings under Section 65 of the CGST Act have already commenced, it is appropriate that the proceedings should be taken to their logical end. The proceedings initiated by the Anti-Evasion and Range Office for the same period will not be continued.The division bench of Justice T.S. In the meantime, the …

Period

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …