Same Activity Can Be Taxed As ‘Goods’ & ‘Services’ : Supreme Court Upholds Levy Of Service Tax On “Engineering Design & Drawings”

The Supreme Court has held that the import of “Engineering Design & Drawings” falls under the category of “design services” under section 65(35b) read with Section 65(105) (zzzzd) of the Finance Act, 1994, and are subject to levy of service tax. On the sole ground that “Engineering Design & Drawings” prepared and supplied by sister company were shown as ‘goods’ under...

'Issue Arrest Warrant Against Rahul Gandhi For His Failure To Appear In Defamation Case': Sushil Modi's Plea In Patna Court

An application has been moved today before the Patna Court by Rajya Sabha MP Sushil Kumar Modi for the issuance of an arrest warrant against Congres leader Rahul Gandhi for his failure to appear in Court in the defamation case filed by Modi.The application was moved today after Gandhi failed to appear before Court pursuant to Court's March 18 order directing him to appear on April 12 to...

Jammu & Kashmir High Court Quashes 2022 Village Defence Guard Scheme To The Extent It "Denudes" SPOs Of Their Status & Privileges Under Old Scheme

The Jammu and Kashmir and Ladakh High Court recently quashed the Village Defence Group Scheme-2022 issued by the Government to the extent it has the effect of denuding the petitioners (heads of the Village Defence Groups) of their status as SPOs (Special Police Officers) and the power and privileges conferred on them by the Village Defence Group Scheme-1995.A bench comprising Justice...

Offences Alleged Against Salman Khan Not Made Out, Judicial Process Not Tool To Harass Celebrities: Bombay High Court On Quashing Journalist's Complaint

Judicial process shouldn’t be a means for needless harassment of a celebrity to satisfy the vendetta of a complainant who assumed he was insulted, the Bombay High Court observed in its detailed order quashing a case against actor Salman Khan and his bodyguard.“The words uttered in despair or a gesture, howsoever frightful, by itself would not attract Section 504 unless it exhibit...

No Rebuttal To Desertion Allegations Despite Entering Appearance: Karnataka High Court Dismisses Wife's Appeal Against Divorce Decree

The Karnataka High Court has dismissed an appeal filed by a woman challenging an order of the family court granting divorce on the grounds of desertion as the wife failed to counter the averments made by the husband in the petition. A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil said “It is trite law that if a witness is not subjected to cross-examination by the...

Accused Not Entitled To Default Bail When First Extension(Passed In Absence Of Accused) Wasn't Challenged & Second Extension Was Passed In His Presence : Supreme Court

The Supreme Court held that an accused cannot claim the benefit of default bail, when he did not challenge the first extension of time granted for investigation and the second extension was granted in his presence and when the chargesheet was subsequently filed within the period of extension.The division bench of Justice M. R. Shah and Justice C. T. Ravikumar noted:“Therefore, in the...

Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act

The Delhi High Court on Wednesday sought response of the Union of India on pleas seeking information in respect of recommendations of the Supreme Court Collegium under Right to Information Act, 2005.Calling it an “important matter”, Justice Prathiba M Singh asked Additional Solicitor General Chetan Sharma to seek appropriate instructions and file an affidavit as the RTI applications relate...

Don't Use Interim Stay To Mislead Consumers On Service Charge: Delhi High Court To Hotels, Restaurants

The Delhi High Court on Wednesday said that its interim order staying the guidelines of Central Consumer Protection Authority (CCPA), that prohibit the hotels and restaurants from levying service charges “automatically or by default” on bills, shall not be shown on the menu cards or display boards in a manner to mislead the consumers that the service charge has been approved by...

Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC

The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed“… if the applicant has stated any justifiable or valid reason for...

Govt Employees Can't Be Denied Annual Increment Merely Because They Retired The Next Day Of Earning It : Supreme Court

In a significant judgment, the Supreme Court has held that government employees cannot be denied the annual increment merely because they are to retire on the very next day of earning the increment.A bench comprising Justices MR Shah and CT Ravikumar was deciding the issue "whether an employee who has earned the annual increment is entitled to the same despite the fact that he has retired on...

Decide AIADMK’s Representation For Updation Of Its Amended By-Laws Within 10 Days: Delhi High Court Directs ECI

The Delhi High Court on Wednesday directed the Election Commission of India to decide within ten days the representation of All India Anna Dravida Munnetra Kazhagam (AIADMK) for updation of its amended by-laws with the records of the constitutional body.The counsel representing ECI told Justice Purushaindra Kumar Kaurav that the Commission will take a call on the representation within...

Punjab and Haryana High Court Quashes FIR Against Persons Accused Of Abetting Suicide Of School Principal In 2014

The Punjab and Haryana High Court recently quashed a case of abetment to suicide, observing that there was no positive action on the part of accused, proximate to the time of occurrence, which may have led or compelled the deceased to commit suicide. Ranjit Singh, the Principal of Senior Secondary School, Latala, allegedly died by suicide in 2014. His son in the complaint said that he was told...