Legal Updates as on 14-03-2023

Legal Update
  1. ORISSA HC: YOU CAN’T EXPECT THE FILING OF A TAX RETURN WITHOUT THE START OF BUSINESS – The Orissa High Court ruled that until the petitioner is granted a licence and is able to start doing business, the subject of filing a GST report would not come up. The court made the observation that a licence application should not be refused just because a GST return has not yet been filed.
    M/s. Galaxy Bar and Restaurant, Nayagarh Versus State of Odisha and others
  1. HP HC: POLICE MAY ONLY SEIZURE PROPERTY IF FOUND UNDER SITUATIONS REASONABLY SUSPECTING OFFENSE – The Himachal Pradesh High Court has noted that Section 102 of the Criminal Procedure Code (CrPC) gives police officers the authority to seize property under the condition that the property must have been suspected of being stolen or that it may be discovered in circumstances that raise suspicions of the commission of any crime.
    Anita Aggarwal Vs State of HP
  1. CHHATTISGARH HC: IT IS UNCONSTITUTIONAL TO RESERVE 100% OF THE SEATS FOR WOMEN – The Chhattisgarh High Court ruled that Note-2 under Schedule-III of the 2013 Chhattisgarh Medical Education Service Recruitment Regulations and the ensuing recruitment advertisement, in which 100% of the seats were designated for women, were unconstitutional.
    Abhay Kumar Kispotta & Ors. v. State of Chhattisgarh & Ors.
  1. JKL HC: REJECTION BY COUNTER-SIGNING AUTHORITY WON’T END IN TERMINATION WITHOUT INQUIRY – According to the Jammu and Kashmir and Ladakh High Court, merely refusing a countersignature on a certificate in the absence of an inquiry does not justify termination of service when the issuing body confirms the experience certificate.
    Rokade Santosh Sandashiv & Anr Vs Union of India & Anr.
  1. Take action against schools that do not reserve 25% of their seats for underprivileged groups, Gauhati High Court to the State – When directing the State to carry out its Right to Education Act policy regarding admission benefits to children from weaker sections and disadvantaged groups in the unaided and non-minority institutions, the Gauhati High Court also stated that action would be taken if the institutions did not adhere to the requirement.
    Debargha Roy v. The State of Assam & 5 Ors.
  1. Prepare a blueprint to “stop plundering of natural resources,” MEGHALAYA HC to declare. – The Meghalaya High Court has ordered the State to create a plan to maintain the state’s roads as well as a stricter set of rules for checking and controlling behaviour in order to halt the theft of the State’s natural resources.
    Tennydard M. Marak & ors Vs State of Meghalaya.
  1. JKL HC: Officials’ wrongful liability cannot be attached unless the law expressly permits it. – According to the Jammu and Kashmir and Ladakh High Court, it is a well-established principle of criminal law that officers of a business cannot be held vicariously liable for the actions of the company unless the law expressly permits it.
    Reema Arora & Ors Vs Law Enforce Inspector (Fertilizer)
  1. DELHI HC: CAN’T REJECT ITC REFUND APPLICATIONS ON MERE SUSPICION – When ordering the Department to begin the return of Input Tax Credit (ITC), the Delhi High Court held that requests for ITC refunds could not be denied based solely on suspicion and without any supporting evidence.
    M/s Balaji EXIM vs Commissioner, CGST and Ors

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates