Court Cannot Go Into Merits While Enforcing Foreign Award U/S 48 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justice Arif S Doctor has held that jurisdiction of enforcement court under section 48 of the Arbitration is very limited and while enforcing the award the court cannot go into the merits of the case. Brief Facts This petition has been filed seeking enforcement of an award under part II of the Arbitration Act. This award was passed by an...

Kerala High Court To Hear Daughter's Appeal Against 'Donation' Of Late CPI(M) Leader MM Lawrence's Body On December 5

Daughter of late veteran CPI(M) leader MM Lawrence, Asha Lawrence has moved an appeal before the Kerala High Court against the decision of a single judge which had allowed the handing over of her father's body to Ernakulam Medical CollegeThe appeal was heard on Thursday by a division bench of Chief Justice Nitin Jamdar and Justice S. Manu. Soon after the death of Lawerence on September 21,...

[S.73(10) UPGST] Time Extension Notification Dated 24.04.2023 Valid Only From 31.03.2023, Not Before: Allahabad High Court

The Allahabad High Court has held the time extension notification dated 24.04.2023 extending time period for passing orders under Section 73(9) and 73(10) of the Uttar Pradesh Goods and Service Tax Act, 2017 will apply only from 31.03.2023 and not before that. Section 73 empowers the proper officer to pass orders imposing penalty or interest where any tax has not been paid or short...

Delhi High Court Issues Notice On Plea By BJP MPs Seeking Implementation Of Ayushman Bharat-PMJAY Scheme

The Delhi High Court on Thursday issued notice on a PIL filed by seven BJP MPs from the national capital seeking implementation of Ayushman Bharat Pradhan Mantri Jan Arogya Yojana (AB-PMJAY) scheme here.A division bench comprising of Chief Justice Manmohan and Justice Manmeet PS Arora sought response of the Delhi Government, Delhi LG and the Union Government. The Court has tagged the...

Provisional Attachment Ceases After One Year: Rajasthan High Court Allows Assessee To Operate Bank Account

The Rajasthan High Court stated that the provisional attachment under Section 83 of the CGST Act ceases after one year and cannot be attached again without giving fresh reasons. The Division Bench, consisting of Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh Kumar, was dealing with a case in which the assessee challenged the department's attachment of their bank account...

Sophisticated Medical Beds For Expecting Mothers Are Subject To Luxury Tax: Kerala High Court

The Kerala High Court has held that 'sophisticated medical beds' provided for expecting mothers would be subject to luxury tax under the Kerala Tax on Luxuries Act of 1976.In doing so, the high court underscored that what was ultimately being taxed under the Act was the "experience of luxury as regards the accommodation/amenities in the hospital". The court made the observation in a plea filed...

Delhi High Court Reserves Judgment On Former IAS Puja Khedkar's Anticipatory Bail Plea

The Delhi High Court on Thursday (November 28) reserved judgment on the anticipatory bail plea filed by former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.“Heard both sides. Judgment reserved,” Justice Chandra Dhari Singh said. The Court said...

Punjab & Haryana High Court Upholds Dismissal Of Punjab Police Constable Made 30 Years Ago For Being In 'Contact With Extremists'

The Punjab and Haryana High Court has upheld the dismissal of a Punjab Police Constable, who was expelled from service in 1995 on the basis of a specific intelligence report that he was in direct contact with extremists during the time the State was facing problem of terrorism.Taking note of the conduct of the petitioner, which the high court said was not above the board, the court found...

State Public Service Commission Alone Has The Power To Extend The Life Span of Ranked List Of Candidates Issued By It: Kerala High Court

The Kerala High Court held that the Kerala Administrative Tribunal does not generally have the power to extend the life of the ranked list of candidates issued by Kerala Public Service Commission (PSC), and the latter alone has the power to decide the extension period. The Division Bench of Justice A. Muhamed Mustaque and Justice P. M. Manoj emphasized that PSC is a constitutional body....

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay

The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act (POCSO) Act as an adult.As per Section 15(1) of the Act, a Juvenile Justice Board (JJB) is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an offence and the ability...

In-Subordination Is Contagious Malady In Public Service Resulting In Maladministration, Cannot Be Viewed Leniently: Karnataka High Court

The Karnataka High Court has dismissed with cost a petition filed by a delinquent employee of the State Administrative Tribunal, questioning the order passed by the Tribunal whereby his two annual increments with cumulative effect were withheld on charges of disobeying instruction of the Chairman, and employing rude language.A division bench of Justice Krishna S Dixit and Justice C M...

Will Ensure Manual Scavenging Never Takes Place In University Premises: Panjab University Tells High Court In Suo Moto Case

The Panjab University today assured the Punjab & Haryana High Court that the incident of manual scavenging will not take place again and guidelines issued by the Supreme Court in Dr. Balram Singh vs Union of India will be strictly adhered to.The development came after the bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal took Suo Moto cognizance of the incident of...