Orders Under Omitted Rule 96(10) Of CGST Rule, 2017 Post 8th Oct, 2024 Not Valid; No Savings Clause: Uttarakhand High Court

The Uttarakhand High Court stated that orders passed under omitted Rule 96(10) Of CGST Rule, 2017 post 8th Oct, 2024 is not valid. The Division Bench of Chief Justice G. Narendar and Justice Alok Mahra stated that there was no scope for the department to pass any order by invoking the provisions of rule 96(10) of CGST Rule, 2017 after the same was omitted on 8th October, 2024 without...

'Serious Issue': Uttarakhand HC Asks State If ST Certificates Being Issued Solely Based On Residence In Tribal Area

The Uttarakhand High Court last week sought a response from the State Government on whether Scheduled Tribe certificates are being issued merely on the basis of a person's residence in a tribal area, or if such certificates are granted only to those who belong to the notified tribal communities. A bench of Justice Rakesh Thapliyal has also sought to know as to how many persons...

Uttarakhand HC Raps Police Over Nainital Communal Violence, Warns Civic Officials Of Contempt For Demolition Notice To Rape Accused

Taking a serious note of the issuance of a demolition notice to a 73-year-old accused in a POCSO (Protection of Children from Sexual Offences) case in violation of a Supreme Court's November 2024 order, the Uttarakhand High Court today rapped the municipal corporation officials. The court also reprimanded the district administration and SSP PS Meena for failing to prevent the...

Uttarakhand HC Stays Enforcement Directorate's Order To Provisionally Attach Property Worth ₹70 Crore Linked To Congress Leader

The Uttarakhand High Court last week stayed an order issued by the Enforcement Directorate (ED) to provisionally attach approximately 101 Bighas of land, worth over ₹70 crore, which is linked to former minister and Congress leader Harak Singh Rawat. The ED took this action in January this year under the Prevention of Money Laundering Act (PMLA) 2002, claiming that the registered...

No Provision Allows Coercive Action Before Pre-Intimation Notice: Uttarakhand HC Criticizes GST Dept For Negatively Blocking ITC

The Uttarakhand High Court criticized the GST department for the negative blocking of ITC and questioned the provision under which such deterrent or coercive action has been taken. “The working of the Department is startling and shocking. It is not known and incomprehensible as to which provision of law permits the Department to take deterrent and coercive action, even prior...

Uttarakhand High Court Notifies Procedure For Listing Of Cases Recused By Judges

Last week, the Uttarakhand High Court notified the procedure for listing of cases recused by the judges. An office memorandum issued on the orders of the Chief Justice of the High Court on March 12 states that where a Bench passes an order or requests to list a case or class of cases before another Bench, such case/cases will be listed before the Bench next in the order of...

Uttarakhand HC Stays Coercive Actions Against Journalist In FIR Over Facebook Post On 20 Y/O Girl's Hit & Run Case

Last week, the Uttarakhand High Court stayed coercive action against a journalist who has been booked by the state police for posting on Facebook about a hit-and-run case involving a 20-year-old girl, wherein he had stated the police were yet to arrest anyone in the case. A bench of Justice Pankaj Purohit perused the alleged post and noted that no prima facie offence was made against...

Uttarakhand HC Permits US-Based Wife To Record Evidence Via Video Conferencing In Matrimonial Dispute, Stresses Effective Use Of VC Rules

Last week, the Uttarakhand High Court allowed a wife residing in the United States of America to record her evidence in a matrimonial dispute (in a case pending in a family court in the State's Dehradun district) via videoconferencing. A bench of Justice Manoj Kumar Tiwari and Justice Vivek Bharti Sharma also directed all the courts within the State to ensure the effective use of...

Female Partner In Live-In Relation Is 'Vulnerable': Uttarakhand HC; State Govt Asserts UCC Implemented After Consultation

Hearing two other Public Interest Litigation (PIL) pleas challenging the Uniform Civil Code (UCC) provisions, especially rules on Live-In Relationships, the Uttarakhand High Court today orally remarked that the female partner is more vulnerable in such relationships. A bench of Justice Manoj Tiwari and Justice Ashish Naithani also asked Solicitor General Tushar Mehta, appearing for...

'Purpose Is Different, Don't Want Personal Info': State Govt To Uttarakhand HC On Plea Against UCC Form Asking Live-In Couples' Private Details

On Friday, the State Government submitted before the Uttarakhand High Court that the purpose of including the provision in the State's Uniform Civil Code (UCC) related to compulsory registration (of Live-In Relationships) through Aadhaar and the requirement to submit proof of previous relationships is different and that the state does not seek people's private or...

UCC Challenge | 'You Brazenly Live Together Sans Marriage, What Privacy Is Invaded?; State Isn't Saying No To Live-In': Uttarakhand HC Orally Remarks

While hearing another writ petition filed by a 23-year-old man challenging specific provisions of Uttarakhand's Uniform Civil Code (UCC), particularly the mandatory registration of live-in relationships, the Uttarakhand High Court today orally remarked that the state government is not prohibiting live-in relationships but is only providing for their registration, which does not equate to...

'Those Affected May Approach Us In Case Of Any Action By Authorities': Uttarakhand HC On Pleas Against UCC

In a temporary relief for individuals affecetd by the implementation of the Uniform Civil Code in the state of Uttarakhand, the Uttarakhand High Court bench, led by Chief Justice G. Narendar, today asked those affected by the UCC, to approach the court if they face any action by the authorities under the Code."If any individual is affected, they may approach this bench...If any action,...