Both Sales Tax And Service Tax Cannot Be Made Applicable On The Same Transaction: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has observed that both sales tax and service tax cannot be made applicable on the same transaction.The two-member bench of Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) has observed that when the appellant is only cutting the size of the coal to be provided to the customers, it cannot...

When Loan Has Been Repaid, Bank Can't Withhold Title Documents Merely Because Borrower Transferred Mortgaged Property : Kerala High Court

The Kerala High Court on Friday held that a bank could not retain the security documents related to a mortgaged property if the loan amount has been paid in full by the borrower, merely because during term of the mortgage, it was alienated to a third party by the borrower. A single bench of Justice Shaji P Chaly held that : “merely because the property was transferred by the petitioner...

'Bail Can Be Cancelled If Serious Offences Are Subsequently Added To FIR' : Supreme Court Sets Aside Bail In 'Casting Couch' Case

The Supreme Court has reiterated that subsequent addition of more serious offences to the FIR can be a circumstance for a Court to cancel the bail granted by it."Addition of a serious offence can be a circumstance where a Court can direct that the accused be arrested and committed to custody even though an order of bail was earlier granted in his favour in respect of the offences with which...

Arbitrary Orders Driving Taxpayer To File Appeal By Depositing 50% Of The Disputed Taxes: Tripura High Court Imposes Cost Of Rs. 25,000 On The Taxes Recoverable From His Salary

The Tripura High Court has imposed a cost of Rs. 25,000/- on the Commissioner of Taxes to be recovered from his salary and to be paid to the Tripura High Court Bar Association for passing an order in an arbitrary manner.The division bench of Acting Chief Justice T. Amarnath Goud and Justice Arindam Lodh observed that orders were passed by the authorities in an arbitrary manner, which was...

Kerala High Court Grants Parole To 'Ripper Jayanandan' For Attending Daughter's Wedding

The Kerala High Court on Friday granted parole for a period of fifteen days to 'Ripper Jayanandan', an infamous killer accused of seven murders committed during thirty-five robberies, for partaking in the wedding of his daughter. In the petition filed by the wife of the convict, their daughter, Advocate Keerthi Jayanandan had appeared as the counsel. Justice Bechu Kurian Thomas, while...

High Court Cannot Expand Definition Of 'Individual Borrower' To Grant Waiver Of Foreclosure Charges: Madras High Court

The Madras High Court recently observed that when “individual borrower” was clearly defined by the Reserve Bank Of India as per law, only the RBI could consider expanding the scope of the definition and not the High Court. The court was hearing a plea filed by famous food chain Murugan Idli Shop's proprietor.S Manoharan, the sole proprietor of Murugan Idli Shop, had contended that he...

Should A Judgment Be Reviewed Because It Followed A Precedent Which Was Later Overruled? Supreme Court Bench Delivers Split Verdict

A Division Bench of the Supreme Court, on Friday, took a divergent view on the scope of review, when the judgment relied on in the impugned order and all subsequent judgment that followed it is eventually overruled by a superior court.While Justice MR Shah allowed the review petitions, Justice BV Nagarathna opined that they are not maintainable and are in the teeth of the Explanation to...

Some Retired Judges Are 'Anti-India' And Trying To Make Judiciary Play The Role of Opposition Party: Law Minister Kiren Rijiju

Union law minister Kiren Rijiju on Saturday accused a handful of retired ‘activist’ judges of trying to make the judiciary play the role of an opposition party, even to the extent of “going to the court and asking it to reign in the government”. “How can they ask the Indian judiciary to take the government head-on? What kind of propaganda is this?” Rijiju asked. In a likely...

Kerala Court Sentences 48 Year-Old-Man Accused To 20 Years Imprisonment For Sexually Assaulting Minor Boy

The Fast Track Special Court (POCSO) at Thiruvananthapuram on Thursday, sentenced a 48-year-old man to undergo rigorous imprisonment for a period of 20 years, and imposed a fine of Rs. 60,000/- on him for sexually assaulting a 11 year old boy in the year 2020. "Sexual abuse or sexual harassment is never contained to a present moment. It lingers across a person’s lifetime and has...

Absolutely No Pressure From Executive To Judges: CJI DY Chandrachud

On Saturday, the Chief Justice of India, DY Chandrachud, participated as a speaker at the India Today Conclave on ‘Justice in the Balance: My idea of India and the importance of separation of powers in a democracy’. He particularly engaged in discussions on Constitutional democracy. This is the first time a sitting Chief Justice of India has agreed to take live question in the...

Gauhati High Court Seeks ATR On Alleged Illegal Encroachments In Tipam Hills

The Gauhati High Court on Thursday, in a suo motu PIL, directed the authorities to submit a report and action taken with regard to the allegation of illegal encroachment of historic Tipam hill. The suo motu PIL was registered by the court in 2018 on the basis of a letter written by Late Nilay Dutta, Senior Advocate highlighting a report of the Assamese newspaper ‘Niyomiya...

Gauhati High Court Allows Declared Foreigner's Request For Extension Of Time To Register With Foreigners’ Regional Registration Office

The Gauhati High Court on Friday allowed the request of a declared ‘foreigner’, who had entered the State of Assam between the period 1966 and 1971, to extend the period for registering himself with the Foreigners’ Regional Registration Office (FRRO).The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan granted one month's time to Sakat Ali, observing, “In...