All High Courts
GST Act | Orissa High Court Quashes Recovery Proceedings Premised On 'Mistaken Identity' After Verifying Payment Receipt From Bank
The Orissa High Court in a matter involving 'mistaken identity' where one individual was assessed despite having a cancelled registration number (GSTIN), has quashed Show Cause Notice under Section 73 of the CGST Act, 2017. A Division Bench comprising Chief Justice Harish Tandon and Justice Murahari Sri Raman noted the 'mistaken fact' in Section 73 adjudication proceedings....
Farmer's Land Need Not Be In His Own Name To Claim Relief Under CM's Krishak Durghatna Scheme: Allahabad High Court
The Allahabad High Court has held that for grant of benefits under the Mukhyamantri Krishak Durghatna Kalyan Yojana, the primary source of income/ livelihood of the deceased farmer needs to be seen rather than seeing the revenue records to ascertain whether the agricultural land was in the name of the deceased or not.The “Mukhyamantri Krishak Durghatna Kalyan Yojana” has been brought in...
Writ Petition Not Maintainable After GSTAT Becomes Functional; Assessees Must Avail Remedy U/S 112 GST Act: Orissa High Court
The Orissa High Court has dismissed two writ petitions filed under the Goods and Services Tax (GST) regime, holding that the availability and operationalisation of the statutory appellate remedy before the Goods and Services Tax Appellate Tribunal (GSTAT) bars the exercise of writ jurisdiction under Article 226 of the Constitution. In Amit Kumar Das v. Joint Commissioner of State...
Preliminary Enquiry Can't Be Sole Basis For Dismissal Once Regular Enquiry Fails: Rajasthan High Court Reinstates Constable
Rajasthan High Court set aside the dismissal of a police constable imposed by senior police authority while exercising suo-motu review powers under Rule 32 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, opining that preliminary enquiry could not be made sole basis of punishment when such material did not come on record during the regular enquiry.The bench of...
'Downright Impertinence': Allahabad High Court Slams SSP For Deputing Sub-Inspector To Reply To CJM, Seeks Explanation
The Allahabad High Court on Thursday reprimanded the Senior Superintendent of Police (SSP), Badaun, for delegating the task of communicating with t Chief Judicial Magistrate (CJM) to a Police Sub-Inspector. A bench of Justice J.J. Munir and Justice Sanjiv Kumar, termed the act "downright impertinence" and further directed the SSP to file a personal affidavit explaining why separate...
Madras High Court Rejects Jaipur Restaurant's Co-Ownership Claim To 'Dasaprakash' Trademark
The Madras High Court has refused to recognise a Jaipur-based company as a co-owner of the “Dasaprakash” trademark, holding that the brand is a jointly owned family mark that could not have been transferred by a single family member.The original mark is commonly associated with a South Indian restaurant chain. A single bench of Justice N Anand Venkatesh, in a judgment dated December 16,...
Rajasthan High Court Issues Notice On Challenge To Advocates Welfare Fund Amendment Enhancing Vakalatnama Stamp, Membership Fees
Rajasthan High Court issued notice on a petition challenging the validity of Rajasthan Advocates Welfare Fund (Amendment) Act, 2020 (“2020 Act”), that enhanced the stamp fee on Vakalatnama by 4 times, along with enhancement in the membership fee for the Rajasthan Advocates Welfare fund established under the Rajasthan Advocates Welfare Fund Act, 1987 (“Act”).The petition submitted that...
Delhi High Court Issues Notice On IndiGo's ₹900 Crore IGST Refund Claim Over Quashed Customs Notification
The Delhi High Court on Friday issued notice on budget airline company InterGlobe Aviation's (IndiGo) plea seeking refund of over Rs 900 crore in IGST paid under quashed June 2021 customs notifications that had imposed IGST on re-import of repaired aircraft parts, noting that although the issue is pending before the Supreme Court, there is no stay on the earlier High Court ruling. A...
Sabarimala Gold Theft: Kerala High Court Denies Bail To Ex-Devaswom Board Officials
The Kerala High Court on Friday (December 19) dismissed the bail applications preferred by former Travancore Devaswom Board officials Murari Babu, N. Vasu, and K.S. Baiju who are arrayed in the cases relating to misappropriation of gold from Sabarimala temple.Justice A. Badharudeen passed the order today. Murari Babu is the former Administrative Officer of the TDB and was suspended from the...
Subsequent Marriage During Bail Or Birth Of Child 'Immaterial' In POCSO Act Offence: MP High Court Upholds 20-Yr Jail Term
The Madhya Pradesh High Court (Jabalpur Bench) recently observed that the subsequent event of marriage during bail or the birth of a child out of such wedlock are 'immaterial' to show indulgence in offences under the Protection of Children from Sexual Offences (POCSO) Act. A bench of Justice Vivek Agarwal and Justice Ramkumar Choubey added that while the Supreme Court may grant relief...
Actress Rape Case: Two Convicts Move Kerala High Court Challenging Sessions Court Verdict, Seek Suspension Of Sentence
Two of the convicts in the actress rape case have moved the Kerala High Court challenging the conviction and sentences passed against them by the Principal District and Sessions Court, Ernakulam.The appeals are moved by Saleem H. @ Vadival Salim and Pradeep who were arrayed as the 5th and 6th accused in the case.The Sessions Court had found them guilty of the offences under Sections 109,...