The direction issued by the High Court to the effect that 72 hours’ notice should be given to the first respondent in the event that the State finds it necessary to arrest him in connection with any complaint pertaining to a cognizable offence at the behest of the Joint Registrar (Audit) is manifestly incorrect in law
| Posted on: January 4, 2023 |
Prima facie, the judgment of the Supreme Court in the case of Jayantilal N. Mistry (2016) 3 SCC 525 did not take into consideration the aspect of balancing the right to information and the right to privacy. The petitioners have challenged the action of the RBI, vide which the RBI issued directions to the petitioners/Banks to disclose certain information, which according to the petitioners is not only contrary to the provisions as contained in the RTI Act, the RBI Act and the Banking Regulation Act, 1949, but also adversely affects the right to privacy of such Banks and their consumers.
| Posted on: October 1, 2022 |
The statutes provide for the right of appeal against the assessment order passed by the Assessing Officer and against the order passed by the first appellate authority, an appeal/revision before the Tribunal. In that view of the matter, the High Court ought not to have entertained the writ petition under Article 226 of the Constitution of India challenging the assessment order in view of the availability of statutory remedy under the Act
| Posted on: September 22, 2022 |