Detention order challenged due to non-supply of relevant ...

WhatsApp chats not provided to detainee: Detention order quashed for lack of consistency in High Court rulings.

Case Laws Indian Laws

August 23, 2024

Detention order challenged due to non-supply of relevant WhatsApp chats, which were part of the evidence relied upon by the detaining authority. The High Court Division Bench rejected the detenue's contention, holding that non-supply of WhatsApp chats would not vitiate the detention order as the detaining authority had arrived at subjective satisfaction based on various documents. However, another Division Bench of the same High Court had taken a contrary view in identical cases involving other detenus. The Supreme Court held that the Division Bench should have followed the earlier view of the Coordinate Bench or referred the matter to a larger Bench if it disagreed. Consequently, the Supreme Court quashed the detention order and allowed the appeal.

View Source

← Previous Next →

Detention order challenged due to non-supply of relevant ...

WhatsApp chats not provided to detainee: Detention order quashed for lack of consistency in High Court rulings.

Case Laws Indian Laws

August 23, 2024

You may also like:

On-money receipts - reliance on What's App chat of employees - presumption u/s 292C - the exception herein is the assessee’s “whatsapp” chats seized from its authorized...

CIRP proceedings - NCLT admitted the application - dispute was existing or not - There is no quarrel with the law laid down by this Tribunal that the electronic evidence...

Income accrued in India - Benefit of consistency on the basis of orders for earlier assessment years - There was complete silence on this issue by the assessing officer...

Initiation of CIRP - recognition of WhatsApp message - If the operational creditor had acknowledged all other whatsapp msg, and did not deny having received them, there...

Addition restricted to parties mentioned in WhatsApp chat; estimation of gross profit (GP) at 8.60% on undisclosed sales of Rs. 26,58,600 and Rs. 6,11,043 confirmed;...

Revocation of Customs Broker License - There is no doubt that the appellant has not performed his duty with due diligence and utmost efficiency and has connived with...

Unexplained expenditure u/s 69C - Addition relating to cash transferred through Angadias - Reliability of WhatsApp chat between employees and son-in-law of CMD - it...

Principle of consistency - There is a significant value which must attach to observing the requirement of consistency and certainty. Individual affairs are conducted and...

The case involved a penalty u/s 114(iii) of Customs Act, 1962 for mis-declaration of export goods leading to undue duty drawback benefit. The issue was the admissibility...

Registration u/s 80G(5) - The rejection was based on allegations of discrepancy in the organization's name, violation of FCRA provisions, and involvement in religious...

Deduction u/s. 24(a) equal to 30% - Rental income from fixture, fittings and amenities - separate agreements for let out of the property and for providing amenities -...

The case involves the classification of supply of goods or services including Pani Puri, Masala Chat, Punjabi Lassi, Sev Puri, Samosa Chat, Vada Pav, Pav Bhaji without a...

The case involves property forfeiture under SAFEMA, which was also part of TADA proceedings. The Appellant's challenge based on different statutes was rejected. The...

Addition u/s 69A on the basis of whatsapp messages - The ITAT noted that the mere presence of WhatsApp messages on a mobile phone does not conclusively prove that the...

Addition u/s 69A or 69C - WhatsApp documents relied upon - as rightly pointed out by the CIT(A), the details to be found in this WhatsApp document tallies with the dates...

Quick Updates: