Incorrect Classification Is Not By Itself Collusion/ Wilful Misstatement U/S 28AAA Customs Act; Prior Determination By DGFT Must: Delhi HC

The Delhi High Court has held that a misclassification or an incorrect classification of goods to be imported or exported would not ipso facto amount to collusion, wilful misstatement, or suppression of facts under Section 28AAA Customs Act, 1962. The provision provides for recovery of duties in cases where an instrument issued to a person has been obtained by him by means...

Power Under Article 227 Of Constitution To Be Used Sparingly, Cannot Be Used For 'Correcting Mere Errors': Jharkhand High Court Reiterates

While hearing a plea seeking exercising of power under Article 227 of Constitution and for passing interim orders till fresh orders are passed by the concerned court, the Jharkhand High Court reiterated that power under the provision is to be used sparingly and cannot be used to correct "mere errors". In doing so the court further observed that if the power is used in this manner, then it...

Procedural Orders Cannot Be Considered As Interim Award Or Challenged U/S 34 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Subramonium Prasad has held that a procedural order given by an Arbitral Tribunal, such as rejecting an application seeking impleadment of a party, does not qualify as an interim award. So, it cannot be challenged under Section 34 of the Arbitration and Conciliation Act, 1996. Brief Facts: The petition was filed under Section 34 of...

Allahabad HC Comes To Aid Of Visually Impaired Candidate Who Couldn't Fill AIBE Form Due To Error In LLB Results

The Allahabad High Court last week came to the aid of a visually impaired candidate who could not apply for the All-India Bar Examination (AIBE)-XIX in time, admittedly due to an error in his 5th-semester examination result caused by his University. Though the University rectified the error and declared the candidate passed, the petitioner, due to the said error, could not submit...

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge Bench. The Court...

“Serious Issue”: Madras High Court Orders Probe After IO Says She Didn't Investigate Case, Her Signatures Were Forged

The Madras High Court recently ordered a de novo investigation into a case after the Investigation Officer informed the court that she had not investigated the case and her signature in the final report was forged. After the unusual turn of events, Justice Anand Venkatesh directed the CBCID to take over the investigation. The court added that the investigation should not be limited to...

Well Reasoned Award Cannot Be Interfered With Under Section 37 Of Arbitration Act: Delhi High Court

The Delhi High Court bench of Justices Vibhu Bakhru and Tara Vitasta Ganju affirmed that Courts should not customarily interfere with Arbitral Awards that are well reasoned, and contain a plausible view.Judges, by nature, may incline towards using a corrective lens, however, under Section 34 of the Arbitration Act, this corrective lens is inappropriate especially under Section 37 of...

'Concealment Of Income' & 'Furnishing Inaccurate Income Particulars' Distinct Grounds For Penalty U/S 271(1)(c) Of IT Act, Can't Be Clubbed: Delhi HC

The Delhi High Court has made it clear that when the Revenue proposes to impose penalty on an assessee under Section 271(1)(c) of the Income Tax Act, 1961 for alleged 'concealment of particulars of income' or for 'furnishing inaccurate particulars of income'- it must specify which one of the two charges it seeks to press and the Revenue cannot be permitted to club both. A division bench...

Kerala High Court Warns State Of 'Adverse Consequences' For Bureaucratic Indecision Affecting Promotion Entitlements Of Govt Servants

The Kerala High Court has warned the State of the adverse consequences it must face for causing administrative delays in granting promotions to government servants without any reason.In the facts of the case, a professor who has been entitled to promotion since 2003 was brought to the Court in an appeal preferred by the State against the order of Kerala Administrative Tribunal upholding his...

Worli Hit-n-Run Case: Bombay High Court Dismisses Plea Seeking Declaration That Arrest Was Illegal

In a setback for the accused in the infamous Worli Hit-n-Run Case, the Bombay High Court today dismissed the petitions filed by prime accused Mihir Shah and his driver Rajrishi Bindawat, both challenging their arrests on the basis that they weren't served with the "grounds of arrest" in written format, as mandated by the Supreme Court.A division bench of Justices Bharati Dangre and...

“Church Properties Being Swindled Against Tenets Of Bible” Madras High Court Orders CBI Probe Into Sale Of Church Land To Private Persons

The Madras High Court has directed the Central Bureau of Investigation to register a complaint and inquire into the sale of a church land to private persons. The land, which is originally a government land, was assigned to the church to be used for the welfare of destitute women and children. Justice KK Ramakrishnan noted that the Church of South India (CSI) had instead transferred...

Madhya Pradesh HC Permits First Round Of NEET-PG Counselling, Restricts Result Declaration Till Nov 28 Over 'Normalization Process' Issue

While ordering the State to carry out "first round of counselling" of NEET-PG counselling for MD/MS courses, the Jabalpur bench of the Madhya Pradesh High Court directed that the results shall not be declared till November 28.The direction came in a plea where the petitioners raised concerns over the non adoption of the 'normalization process' done for the second time which they said had...