Articles for Maintainable Petitioner

Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court
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3 weeks ago

Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court

Live Law  

The Allahabad High Court has held that once the High Court has directed the assesee to approach the appellate authority under Section 107 of the Central Goods and Service Tax Act, 2017, the appeal cannot be dismissed as not maintainable. The then Division Bench relegated the petitioner to alternate remedy of appeal under Section 107 of the Act. Petitioner again …

Appeal Court Tax Act Maintainable Petitioner
Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court
6 months, 3 weeks ago

Disciplinary Action Against High Court Bar Association Member Is In Realm Of Private Law, Writ Petition Is Not Maintainable: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court bench of Chief Justice M.S. Ramachandra Rao and Justice Jyotsna Rewal Dua held that disciplinary action against a member of the High Court Bar Association as per the norms/bye-laws of the Association is in the realm of private law. Brief Facts: The petitioner, an advocate practicing in the High Court of Himachal Pradesh, approached the …

Law Writ Petition Court Private Law Disciplinary Action Bar Association Bar
Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court
1 year, 10 months ago

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable. Therefore, the High Court can entertain Section 482 of Cr.P.C, if the complaint is dismissed for non-prosecution or dismissed for default under section 256 of …

High Court Appeal Court Accused Fir Kar This Court
Writ Petition Against Show Cause Notice Issued U/S 148A(b) Of Income Tax Act Not Maintainable: Madhya Pradesh High Court
2 years, 1 month ago

Writ Petition Against Show Cause Notice Issued U/S 148A(b) Of Income Tax Act Not Maintainable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently observed that a writ petition filed against a show cause notice issued by the authorities under Section 148A of the Income Tax Act is not maintainable. Section 148A provides for a show cause notice to be issued to the assessee, asking as to why a notice for income escaping assessment may not be issued …

Court Income Tax Act Show Cause Notice Case Notice Petition Authorities
Telegraph Act | Suit Over Insufficiency Of Compensation Maintainable In Civil Court: Gujarat High Court
2 years, 4 months ago

Telegraph Act | Suit Over Insufficiency Of Compensation Maintainable In Civil Court: Gujarat High Court

Live Law  

The Gujarat High Court recently ruled that under the Indian Telegraph Act, 1885, determination of full compensation to the aggrieved can be done by the civil court if the dispute is regarding the insufficiency of compensation paid under Section 10 of the Act. Justice Umesh Trivedi found that such claims need not be filed before the District Judge as contended …

Compensation Court Civil Damage Judge Respondent Act
Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court
2 years, 10 months ago

Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance, Either Personally Or Through Counsel: Karnataka High Court

Live Law  

The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code. Justice H P Sandesh thus dismissed the anticipatory bail petition filed by one Ramesh and granted him liberty to approach the Trial Court by filing …

Karnataka Trial Counsel Court Bail Application Case
Illegal Sale And Possession Of Diesel: Prosecution Not Maintainable Under EC Act In The Absence Of Notification Prohibiting It: J And K And L High Court
3 years, 3 months ago

Illegal Sale And Possession Of Diesel: Prosecution Not Maintainable Under EC Act In The Absence Of Notification Prohibiting It: J And K And L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently remarked that when no order/notification as envisaged under section 3 of Essential Commodities Act prohibiting the possession of a particular quantity of diesel was placed on record, the petitioner could not be prosecuted for the commission of the said offence and convicted under section 7 of the Essential Commodities Act.The allegation. …

Record Trial Prosecution Order Essential Commodities Act Sho Act