High Courts
Refusal By JBVNL To Reimburse Contractor GST Impact On Indirect Transactions Violative Of Article 14: Jharkhand High Court
The Jharkhand High Court has held that the action of Jharkhand Bijli Vitran Nigam (JBVNL) offends Article 14 of the Constitution of India by refusing to reimburse contractor GST impact on indirect transactions.“This is a settled law that the state and its instrumentalities are required to demonstrate fair play in action. In “ABL International Ltd. and Another,"17 the Hon'ble Supreme Court observed that even in contractual matters, the state and its instrumentalities are required to follow the...
Departmental Enquiry Cannot Be Dispensed With Based On Presumption That Accused Police Personnel Would Threaten Witnesses: Delhi High Court
A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Saurabh Banerjee while deciding a Writ Petition in the case of Commissioner of Police & Ors vs Sant Ram has held that enquiry cannot be dispensed with only on the basis of a perceived notion that the accused being a police personnel would threaten the witnesses and holding of an enquiry would cause trauma to the complainant Background Facts Sant Ram (Respondent) was appointed as a constable in...
Indirect Tax Cases Weekly Round-Up: 28 April To 4 May 2024
Supreme Court Supreme Court Seeks Data Of GST Arrests, Says Citizens' Harassment Won't Be Allowed Due To Any Ambiguity In Arrest Provisions Case Title: Radhika Agarwal v. Union of India and Ors., W.P.(Crl.) No. 336/2018 (and connected matters) While hearing a batch of petitions challenging penal provisions of GST Act, Customs Act, etc. as non-compatible with the CrPC and...
Tribunal Order On Legality Of Domestic Enquiry Can Be Challenged Without Waiting For Final Order : Calcutta High Court
A single judge bench of the Calcutta High Court comprising of Justice Arindam Mukherjee while deciding a Writ Petition in the case of CSB Bank Ltd vs UOI & Anr. has held that an order of a Tribunal can be challenged in a writ petition without waiting for the final order on ground of being in excess of jurisdiction. Background Facts In a reference before the Central Government Industrial Tribunal (Tribunal) at Kolkata in Catholic Syrian Bank Ltd. Vs. Their Workman Sri Sitangshu...
'Can Only Imagine Plight Of Students Being Taught By Unqualified Persons': Punjab & Haryana HC Calls For Action Against Profs Without Minimum UGC Qualifications
Observing that "teaching in a college is a responsible job", the Punjab & Haryana High Court has directed the Haryana Government to take steps to relieve professors who are teaching without possessing the minimum qualification prescribed by the University Grants Commission (UGC).A division bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma said, "If persons do not possess minimum qualification laid down by the UGC i.e. NET/Ph.D., one can only imagine the plight of the...
RTI Activist's Murder| 'Case Will Be Reminisced As An Antithesis To 'Satyamev Jayate': Gujarat HC Acquits Ex-BJP MP, 6 Others
The Gujarat High Court today pronounced judgment acquitting a former BJP Member of Parliament Dinu Solanki and six others in the high-profile case of the murder of RTI activist Amit Jethwa (in Jully 2010). While doing so, a bench of Justice AS Supehia and Justice Vimal K Vyas sternly observed that the investigation in the case, right from its inception, appeared to be an “eyewash” and that all efforts were made to ensure that the “truth is buried forever.” The division bench also...
COVID Duty By PG Doctors Should Be Considered Bond Service: Madras High Court Directs Thanjavur Medical College To Return Original Certificates
While directing the Thanjavur Medical College to return the original certificates of a PG Doctor, the Madras High Court underlined that the COVID duty performed by the PG doctors should be treated as part of the bond period. Justice GR Swaminathan thus took a different view than that of a single judge of the Madras High Court recently. The court also observed that educational certificates were not marketable commodities under Section 171 of the Indian Contracts Act 1872. The court thus ...
Service Recipient Not Liable For Seller's Default: Calcutta High Court Directs Dept. To 1st Proceed Against Supplier
The Calcutta High Court has held that the adjudicating authority, without resorting to any action against the supplier, who is the selling dealer, ignored the tax invoices produced by the appellant as well as the certificates issued by the Chartered Accountants, which are erroneous and wholly without jurisdiction.The bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that even in the show-cause notice, the authority has admitted that "it is true that the...
Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter.The single-judge bench of Justice Pranay Verma observed that when a direction was issued by the court to grant the opportunity of hearing to all interested parties, including the petitioner, the respondent-Joint Director, Directorate of Town and Country Planning was obligated to issue notice to the petitioner himself.Pursuant to a High Court...
Bombay High Court Grants Two-Month Interim Bail To Jet Airways Founder Naresh Goyal In Money Laundering Case
The Bombay High Court today granted interim bail for two months to Jet Airways founder Naresh Goyal in a money laundering case arising out of an alleged loan default of Rs. 538 Crores given to Jet Airways by Canara Bank.Justice NJ Jamadar pronounced the judgement. A copy of the reasoned judgment is awaited. Goyal was arrested by the ED on September 1, 2023, on charges of money laundering amounting to Rs 538.62 crore related to Jet Airways. Goyal, who is currently undergoing treatment for cancer...
High Court Stays Maharashtra Govt's Amendment Exempting Private Schools From 25% RTE Quota If Govt-Run School Exists Nearby
The Bombay High Court today stayed till further orders the exemption to private unaided schools from providing 25% quota in Class I or Pre-school for children of disadvantaged sections if there is a government-run or aided school within 1 km radius of that private school.A division bench of Chief Justice Devendra Upadhyaya and Justice Arif S Doctor prima facie found that the 2024 amendment to the Maharashtra Right of Children to Free and Compulsory Education Rules, 2011 is ultra vires the RTE...
Delhi High Court Issues Notice On Plea To Reconstitute Waqf Tribunal
The Delhi High Court on Monday issued notice on a plea seeking a direction on the Delhi Government to immediately issue a notification for re-constitution of the Waqf Tribunal in the national capital.Justice Subramonium Prasad sought response of the Delhi Government on the plea moved by Masjid and Dargah Shah Abdul Salam, a duly Notified Waqf, through its Mutawalli, Mohammad Mohiuddin.The plea submits that the Waqf Tribunal last functioned in Delhi on April 20, 2022, when the erstwhile...