Interest Cannot Be Imposed on Advance Sales Tax Without Wilful Default: Punjab and Haryana High Court Quashes Notice Under Section 25(5) of the Haryana General Sales Tax Act in Escorts Limited
The Punjab and Haryana High Court quashes a notice demanding interest on excess sales tax payment, holding that interest and penalties cannot be imposed absent deliberate defiance of law or tax evasion, especially where the taxpayer acted on the assessing authority's own instructions.
Liquidator Cannot Unilaterally Impose Forfeiture Conditions Beyond the Letter of Intent in E-Auction Under Section 60(5) IBC; Excess Amount Beyond EMD Ordered Refunded: NCLT Chandigarh
NCLT Chandigarh held that the liquidator cannot unilaterally impose forfeiture conditions beyond what is stipulated in the Letter of Intent during e-auction of insolvency assets. Amount paid beyond EMD was ordered to be refunded.
Motor Accident Compensation Enhanced by Rs. 31,66,500 After Correcting Multiplier and Adding Future Prospects and Filial Consortium
Punjab and Haryana High Court enhanced motor accident compensation by Rs. 31,66,500 after correcting multiplier from 9 to 12, adding future prospects of 15%, and awarding filial consortium of Rs. 40,000 each to two sons.
High Court Under Article 226 Can Extend Time for Payment Under One Time Settlement by Bank Where Borrower Proves Bona Fides: Punjab and Haryana High Court Lays Down Guidelines
The Punjab and Haryana High Court held that the High Court, in exercise of its jurisdiction under Article 226 of the Constitution, can extend the time for payment under a One Time Settlement by a bank, and laid down detailed guidelines for courts to consider when deciding such extension requests.
Assignment Deed for Transfer of Loan by Asset Reconstruction Company Falls Under Article 62(c) and Not Article 23 of the Indian Stamp Act; Recovery of Deficient Stamp Duty Barred by Limitation Under Section 47-A: Punjab and Haryana High Court
The Punjab and Haryana High Court held that assignment deeds executed by an ARC for transfer of loan recovery rights fall under Article 62(c) (mortgage instruments) of the Indian Stamp Act, not Article 23 (conveyance), and that proceedings for recovery of deficient stamp duty initiated beyond the three-year limitation under Section 47-A are time-barred.
Examination of Witness via Video Conferencing Directed in Section 13 Hindu Marriage Act Proceedings Adhering to Model Video Conferencing Rules: Punjab and Haryana High Court
Punjab and Haryana High Court allowed a revision petition and directed the Family Court to permit witness examination via video conferencing in accordance with the 2018 Model Video Conferencing Rules, emphasizing the need for modern technology in judicial proceedings.
Service of Summons by Electronic Mail Permitted Under Order 5 Rule 25 CPC on Respondent Residing in United States Where Ordinary and Dasti Process Failed
Punjab and Haryana High Court permitted service of summons via electronic mail on respondent residing in USA, finding that ordinary and dasti process had failed and email service was authorized under Order 5 Rule 25 CPC and High Court Rules.
Accused Acquitted Under Sections 376/342 IPC and Section 4 POCSO Where Prosecution Evidence Found Contradictory and Unreliable
Special Court Chandigarh acquitted accused under Sections 376/342 IPC and Section 4 POCSO Act where prosecution evidence was contradictory, victim and mother gave conflicting accounts, and age proof documents showed inconsistencies.