NAFED's 'Society Commission' Deductions From Rice Millers' Bills Contrary To Contract: Orissa High Court Upholds Refund Award

The Orissa High Court bench of Justice (Dr.) Sanjeeb K Panigrahi while dismissing an appeal under Section 37, Arbitration and Conciliation (“ACA”) observed that deductions from invoices made by NAFED under the head “society commission” were contrary to the contractual agreements entered with rice millers and the latter were entitled to reimbursement of such deducted amounts....

CGST Act | Gauhati High Court Reads Down S.16(2)(aa); Says ITC Can't Be Denied To Bona Fide Buyer For Supplier's Default

The Gauhati High Court has held that Input Tax Credit (ITC) cannot be denied to a bona fide purchaser merely because the supplier failed to upload invoice details in Form GSTR-1, and has read down Section 16(2)(aa) of the CGST Act and AGST Act to protect genuine taxpayers. A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury disposed of a writ...

Send SMS/WhatsApp To Rowdy Sheeter When Appearance Is Needed For Enquiry, Don't Summon Orally: Karnataka High Court To Police

The Karnataka High Court has partly allowed a petition filed by rowdy sheeter Sunil Kumar alias Silent Sunil, who sought a direction to all officers of the Karnataka State Police Department to issue a notice to him whenever his appearance is needed for the purpose of enquiry or investigation.Justice R. Nataraj said, “So long as the petitioner does not involve in the commission of any offence and is not suspected of being involved in a crime, the Police shall not summon him orally only on the...

Delhi High Court Initiates Suo Motu Proceedings To Monitor Implementation Of Policies On Remission, Premature Release Of Convicts

The Delhi High Court on Wednesday initiated suo motu proceedings to monitor and supervise the implementation of policies concerning the remission and premature release of convicts in the national capital. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela appointed Senior Advocate Siddharth Agarwal as amicus curiae in the matter. The proceedings have been initiated after a recent Supreme Court order in “In Re Policy Strategy For Grant Of Bail.”The Apex Court had...

3-Yrs BPE Degree Equivalent To B.P. Ed For Physical Training Instructor, Rejection Based On Short-Form 'BPE' Is Misnomer: Rajasthan High Court

The Rajasthan High Court has held that the 3 year degree of Bachelor of Physical Education (“BPE”) could not be differentiated from the one year decree of Bachelor of Physical Education (B.P.Ed), and the candidate possessing BPE was eligible to be appointed as Physical Training Instructor (“PTI”) Grade III.The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Maneesh Sharma held that the word “B.P.E” was only to denote the course of three years, and in no other way...

'Approach Authorities': Delhi High Court Refuses Urgent Directions On Plea To Constitute Special Courts For Cyber Crime Offences

The Delhi High Court on Wednesday refused to pass urgent directions on a plea seeking constitution of special courts to deal exclusively with offences related to cyber crimes. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela closed a plea filed by one Vijay Bhaskar Verma who sought establishment of special independent courts to dispose of cyber crimes cases. At the outset, the Court questioned Verma's counsel as to whether there was any mandate in any statute...

Income Tax Return Must Be Accepted For Assessing Victim's Income In Motor Accident Claims: Calcutta High Court Grants ₹39 Lakh Compensation

The Calcutta High Court held that when a victim's income tax return is filed, it is a reliable and authentic basis for assessing income in motor accident claims. The bench granted compensation of Rs. 39 Lakh to the claimants (mother and father) of the victim. Justice Biswaroop Chowdhury stated that once an Income Tax Return is accepted by the Income Tax Authority, it becomes an...

CST Act | After 20 Yrs, Gujarat High Court Permits PSU To Claim Branch Transfer Exemption Denied For Non-Production Of Original 'Form-F'

After almost 20 year litigation, the Gujarat High Court permitted a public sector energy enterprise to claim branch transfer exemption of over Rs 6 crore under the Central Sales Tax Act, which was denied earlier on non-production of the original Form-F. Form F is a document used for branch transfer of goods in the course of inter-state trade, which permits claiming of exemption from Central...

2015 Sacrilege Incident | P&H High Court Refuses To Quash FIR Against Ex-MLA, Says Bar U/S 195 CrPC Only Arises At Cognisance Stage

The Punjab & Haryana High Court has declined to quash 2015 FIR, registered against former MLA Simarjeet Singh Bains and others, arising out of a protest related to the 2015 Bargari sacrilege incident.Section 195 CrPC prevents courts from taking cognizance for specific offenses, primarily those against public justice (like perjury, forgery in court) or contempt of lawful authority (like obstructing public servants), unless a complaint is filed by the public servant or court involved, to...

PC Act | Washing Of Hands & Sealing Of Bribe Must Be Done At Spot, Not Police Station: Allahabad High Court Orders DGP To Issue Directions

The Allahabad High Court recently observed that the sanctity of trap proceedings in corruption cases is compromised if the washing of hands of the accused and complainant and the sealing of the recovered bribe money are done at the police station instead of the spot where the trap was allegedly executed. Taking serious exception to the "casual manner" in which investigations under the Prevention of Corruption Act (PC Act) 1988, are being conducted in Uttar Pradesh, a bench of Justice...

'Are You Helpless?': Delhi High Court Questions Centre Over Indigo Crisis, Asks Airline To Compensate Stranded Passengers

While hearing a PIL seeking independent judicial investigation into the Indigo crisis and large scale flight cancellations, the Delhi High Court on Wednesday observed that while it appreciates the steps taken by Centre however it was bothered by lakhs of passengers left on airports which also affects the country's economy. The court also directed that provisions for payment of compensation to stranded passengers will be "strictly adhered to by Indigo" which shall be "ensured by Ministry of...

After Dr Reddy's, Sun Pharma Commits To Not Selling Semaglutide In India till 2026

The Delhi High Court on Wednesday recorded Sun Pharmaceutical Industries Ltd.'s assurance that it will not sell its semaglutide-based drug in India until March 20, 2026, when Danish drugmaker Novo Nordisk's patent expires. Appearing before Justice Manmeet Pritam Singh Arora, the company also committed to exporting the drug only to countries where Novo does not hold patent rights. Subsequently, it allowed Sun Pharma to export its semaglutide preparations outside the country. This...