High Courts
Cenvat Credit Rules, 2004 And Central Excise Act, 1944 Lack Provision To Allow Cash Refund Of Cess Lying In Cenvat Credit Balance: CESTAT
The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that Cenvat Credit Rules, 2004 and Central Excise Act, 1944 lacks provision to allow cash refund of cesses lying in cenvat credit balance.The bench of Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that there is no error when Commissioner (Appeals) has held that there is no provision in the Cenvat Credit Rules, 2004 or in Central Excise Act, 1944 to allow cash refund of...
Application For Compassionate Appointment Can Be Made By A Minor Under Tamil Nadu Compassionate Appointment Rules, 2023: Madras High Court
A Division Bench of the Madras High Court comprising of Justice R. Suresh Kumar and Justice G. Arul Murugan while deciding a Writ Appeal in the case of State of TN & Ors Vs. C. Arnold has held that application for compassionate appointment can be made by a minor under Rule 6 of the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023. However appointment to such an applicant can be given only once they attain the age of majority. Background Facts The...
Candidate In Final Selection List Does Not Have An Indefeasible Right To Appointment : Delhi High Court Reiterates
A single judge bench of the Delhi High Court comprising of Justice Tushar Rao Gedela while deciding a Writ Petition in the case of Dr. Shashi Bhushan Vs. University of Delhi has held that a candidate even in the final selection list does not have an indefeasible right to appointment. Background Facts Dr. Shashi Bhushan (Petitioner) participated in the recruitment process for the post of Assistant Professor in the Department of Geography, Kalindi College, University of Delhi...
ID Act |Right To Claim Interest Is Pre-Existing Right Only If Explicitly Provided In Contract Of Employment Or Service Conditions: Karnataka High Court
The Karnataka High Court single bench of Justice Shivashankar Amarannavar held that the right to claim interest could be considered a pre-existing right or benefit only if explicitly determined in the contract of employment or in the resolutions governing service conditions. However, it held that neither the contract of employment nor the service conditions of the Workman outlined the payment of interest on delayed service benefits. Furthermore, the bench held that an application...
Delhi High Court Denies Parole To Convicted Terrorist Feroz Ahmed Bhatt Citing Security Concerns, Permits One-Time VC With Parents
The Delhi High Court has declined parole to Feroz Ahmed Bhatt, a convicted terrorist who has served over two decades in prison and had applied for temporary release to travel to Jammu and Kashmir.The court cited concerns that his presence in the region could pose a threat to broader security interests. Despite the convict's request for parole to visit his parents and marry, the court ruled against it. Instead, the court directed the jail superintendent to facilitate a one-time video call between...
Allegations Against Arbitral Tribunal Without Any Basis Is Contrary To Letter And Spirit Of Arbitral Process: Delhi High Court
The Delhi High Court single bench of Justice Prathiba M. Singh held that making allegations against the Arbitral Tribunal without any basis is contrary to the letter and spirit of the arbitral process. Brief Facts: The matter pertained to an Engineering, Procurement, and Construction agreement (EPC) made between the NHAI and M/S Kcc Buildcon Pvt. Ltd. (“Respondent”). Dispute arose between parties and an Arbitral Tribunal was constituted on 23rd December 2021, with a six-month ...
Jammu & Kashmir And Ladakh High Court Monthly Digest: April 2024 [Citations 70 - 97]
Nominal Index:UT Of J&K Vs Shabir Ahmad Dar 2024 LiveLaw (JKL) 70National Insurance Co. Vs Rakesh Kumar Sharma 2024 LiveLaw (JKL) 71LYCEUM PUBLIC SCHOOL Vs UT OF J&K 2024 LiveLaw (JKL) 72Principal Commissioner of Income Tax Versus Dr. Karan Singh 2024 LiveLaw (JKL) 73Abdul Qayoom Ganaie Vs UT of J&K 2024 LiveLaw (JKL) 74Ghar Singh vs University of Jammu & Ors 2024 LiveLaw...
Coal Scam: Delhi High Court Orders Renewal Of Ex-MP Vijay Darda's Passport For Three Years
The Delhi High Court has ordered renewal of passport of former Rajya Sabha MP Vijay Darda, convicted in a coal scam case, for a period of three years.Justice Swarana Kanta Sharma observed that Darda was granted permission on past many occasions to travel abroad and he did not misused the liberty granted to him.The court noted that while suspending Darda's four years of sentence in September last year, a condition was imposed that he shall not leave the country without prior permission of the...
Delhi High Court Issues Summons In Tesla's Trademark Infringement Suit Against 'Tesla Power India'
The Delhi High Court has issued a summons in a trademark infringement suit filed by Tesla Inc., owned by Elon Musk, against a Gurugram-based company, Tesla Power India Private Limited and its US counterpart. Justice Anish Dayal issued a summons to the Indian company and Tesla Power USA LLC and sought their written statements. The court also issued notice on Tesla's plea seeking interim relief in the suit and listed it for a hearing on May 22.Tesla filed the trademark infringement suit alleging...
Delhi High Court Issues Notice On Plea To Expedite Availability Of Residential Accommodations For Judges
The Delhi High Court on Thursday issued notice on a plea seeking to expedite the availability of government residential accommodations for judicial officers serving in the national capital. A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora sought a response from the Union of India through the Ministry of Law and Justice, the Delhi Government and the Registrar General. The matter will be heard on July 16.The plea, moved by the Judicial Service...
Madras High Court Monthly Digest - April 2024 [Citations 143 - 180]
Citations: 2024 LiveLaw (Mad) 143 To 2024 LiveLaw (Mad) 180 NOMINAL INDEX Sri K.Venkatesh v. The Principal Secretary to Government and Ors, 2024 LiveLaw (Mad) 143 M/s Bagalkot Cement & Industries Ltd vs The Chairperson, Micro Small and Medium Enterprises and Anr., 2024 LiveLaw (Mad) 144 S.Sujatha vs The Director Of Collegiate Education, 2024 LiveLaw (Mad) 145 V...
'Can't Wriggle Out Of Mess By Citing Political Vendetta': Jharkhand HC Dismisses Hemant Soren's Plea Against ED Arrest
The Jharkhand High Court, in its dismissal of the writ petition filed by former Jharkhand Chief Minister Hemant Soren challenging his arrest by the Enforcement Directorate (ED) in the Land 'Scam' case, asserted that he “cannot wriggle out of the mess he created for himself” by raising “bogey of political vendetta.”The division bench comprising Acting Chief Justice Chandrashekhar and Justice Navneet Kumar, while rejecting Soren's plea, observed, "The recovery of huge cash from his Delhi residence...