Juvenile Justice (Care and Protection of Children) Act, 2015, Section 15 -- Preliminary assessment - Power to carry out preliminary assessment rests with Board and Children's Court - Supreme Court will only examine as to whether preliminary assessment has been carried out as required under law or not - Even, High Court in exercising its revisonary power u/s 102 of the Act,..........
Service -- Termination - Appellant appointed after he underwent entire selection process on contractual basis - Though employment of appellant is on contractual basis but he was entitled to get all benefits of a regular employee - There is nothing against appellant adversely reflecting his integrity - Annual Performance Assessment Report (APAR) of appellant showed his..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Court while deciding an application for bail, should refrain from evaluating or undertaking a detailed assessment of evidence, as same is not relevant consideration at the threshold stage...........
Medical education -- Admission - National Medical Commission and Medical Assessment and Rating Board has power to issue a stoppage of admissions in view of S.26(1)(f) of National Medical Commission Act...........
Income Tax Act, 1961, Section 170 -- Assessment order passed in name of the non-existent amalgamated company - Validity of - As per facts of case, from commencing of search and seizure, assesse was aware of amalgamation and consistently held itself out as assesse - Mere Amalgamation would not invalidate Income Tax Proceedings as it would not amount to Winding Up of Company..........
Value Added Tax -- Assessment order - High Court directed departmental action against appellant with comments regarding competence of appellant to discharge quasi-judicial functions - At time of passing assessment orders, appellant had no other registered address of respondent on record - Therefore, his action of passing ex parte assessment orders could not have been..........
Income Tax Act, 1961, Section 147 -- Reopening of assessment - Quashing of notice issued u/ss.147, 148 - Income Declaration Scheme - High Court extending immunity under IDS to an assesse who was not declarant under the Scheme, is invalid - Therefore, quashing of notice for re-assessment, improper...........
Constitution of India, 1950, Article 226, Income Tax Act, 1961, Section 148 -- Reopening of assessment - Dismissal of writ petition challenging re-assessment - Challenge as to - None of the grounds raised in writ petition, challenging re-assessment has been considered by High Court on merits - High Court dismissed the writ petition in an unreasoned order - The bereft..........
Stamp Act, 1899, Article 55 -- Deficient stamp duty - Release deed - Petitioner had undefined joint ownership right in property that became the subject matter of deed in question - Other joint owner in the property by said deed released her rights in favour of petitioner in that property - Deed in question is thus, release deed, which would remain subject to assessment and..........
Evidence Act, 1872, Section 154 -- Hostile witness - Appreciation of a fact - Court can consider not only the specific part in which witness has turned hostile but also the circumstances under which it happened can also be considered, particularly in a situation where the chief examination was completed and there are circumstances indicating the reasons behind the..........
