Two Authorities Empowered To Redress Same Grievance Via Two Different Procedures: Kerala High Court Points Lacuna In 2008 Wetland Conservation Rules

The Kerala High Court recently observed that in the Kerala Conservation of Paddy Land and Wetland Rules, 2008, where two authorities, the Revenue Divisional Officer (RDO) and the Local Level Monitoring Committee (LLMC) have been given the power to redress the same grievance, i.e., removal of a property erroneously included in the data bank as paddy land, the procedure laid out for...

Rule Whittling Down Input Taxes Refund Paid In Course Of Making A Zero-Rated Supply Is Ultra Vires: Karnataka High Court

The Karnataka High Court has an amendment to Rule 89(4) (C) of the CGST Rules by Notification 16/2020-CT dated 23.03.2020 is illegal, arbitrary, unreasonable, irrational, unfair, unjust, and ultra vires Section 16 of the IGST Act and Section 54 of the CGST Act.The Bench of Justice S.R.Krishna Kumar has observed that Rule 89(4)(C) of the CGST Rules is ultra vires Section 54 of the CGST Act...

"Marriage Of Opposite Sexes Central To Indian Legal Regime": Jamiat Ulama-i-Hind Opposes Pleas In SC Seeking Recognition For Same-Sex Marriages

Jamiat Ulama-i-Hind, acting through Maulana Mahmood Madani, who has served as a Member of Parliament, has sought intervention in the matter pertaining to the legal recognition for same-sex marriage in India. While opposing the petitions seeking to fit in same sex marriage in the prevailing legal regime of India, Jamiat Ulama-i-Hind has argued that as a legal institution, marriage between...

NGT Orders Compensation For Deaths Of Children In West Bengal's Illegal Mining Case

NGT ordered compensation of 20 lakhs to each of the heirs of three deceased persons, including two 15-year-old children, and 5 lakhs to the injured who were engaged in illegal mining activities on the Balason river bed in Siliguri,West Bengal.Two children, along with a 20-year-old person, were crushed to death while illegally loading sand onto a truck in the Balason river bed in Siliguri...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-I]

A. SOME GENERAL PRINCIPLES REGARDING “WILLS” Q.1 What is the meaning of “Will”, as generally understood ? Ans. A “will” is usually referred to in combination with a “testament” or a “testamentum” to be known as a “Will and Testament”. It is an instrument made in contemplation of death. A “will” is a testamentary disposition of...

Attachment Of Bank Accounts Is A Draconian Step, Attachment Is Subject To The Condition Mentioned U/s 83 Of GST Act: Delhi High Court

The Delhi High Court has held that attachment of bank accounts is a draconian step and the action can only be taken in case conditions specified in Section 83 of the GST Act, are fully satisfied.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that it is not open for the department to attach the bank accounts of other persons on the mere assumption that the funds were...

Refund Claim Embedded In Return, No Need To File Fresh Claim: Delhi High Court Directs Dept. To Pay 6% Interest

The Delhi High Court has held that since the claim for a refund made by the assessee was embedded in its return and the assessee was not required to file a fresh claim.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has directed the Department to pay interest within 4 weeks.The assessee filed its revised return on 10.07.2015 for the fourth quarter of the Financial...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 164 - 180) Part 2 [March 6 – 12, 2023]

SUBJECT WISE INDEXAuctionPossession of license to do business in shop does not entitle party to allotment of auction platform as matter of right. Gurjit Singh v. Union Territory, 2023 LiveLaw (SC) 180ConstitutionPetition under article 32 to challenge a binding judgment not maintainable. Vijayalakshmi Jha v. Union of India, 2023 LiveLaw (SC) 179ContemptCourts should not summon the appearance...

Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court

While dismissing the appeal pleas of two murder convicts, the Supreme Court of India reiterated certain important principles on the appreciation of oral evidence of injured eye witnesses during the trial stage.“The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly”, a Bench of Justices...

Karnataka High Court Monthly Digest: March 2023 [Citation 85 -133]

Nominal Index:B Ranganath Hegde And Karnataka State Legal Services Authority & Others. 2023 LiveLaw (Kar) 85Kattemane Ganesha v. State of Karnataka. 2023 LiveLaw (Kar) 86M/s Inditrade Fincorp Pvt Ltd And Union of India & Others. 2023 LiveLaw (Kar) 87Jayanna B @ Jayaram And State of Karnataka. 2023 LiveLaw (Kar) 88P S Leelavathi v. N Ravi Shankar & others. 2023 LiveLaw...

Kerala High Court Monthly Digest - March 2023 [Citations 109-166]

Nominal Index Citations [2023 LiveLaw (Ker) 109-166]Vimal K. Mohanan & Anr. v. State of Kerala & Anr. 2023 LiveLaw (Ker) 110Sabu @ Eetty Sabu v State of Kerala 2023 LiveLaw (Ker) 111Vishnu and Others V State of Kerala and Others 2023 LiveLaw (Ker) 112Dr. Shiby M. Thomas v. The Hon'ble Chancellor, University of Calicut & Ors. 2023 LiveLaw (Ker) 113Rajeev A R V State of Kerala...

Modi Surname Remark: Patna Court Directs Rahul Gandhi To Appear In Court In Defamation Case Filed By RS MP Sushil Modi

An MP/MLA Court in Bihar's Patna district has directed Congress Leader Rahul Gandhi to appear before it on April 12 to record his statements under section 313 CrPC in the Defamation case filed against him by Rajya Sabha MP Sushil Kumar Modi.MP Modi filed a criminal complaint (through Senior Advocate and former Add. Solicitor General of India SD Sanjay) against Gandhi in 2019 under Section 500...