Dept. Vacillating Whether Goods Were In Transit Or In Godown: Calcutta High Court Directs Refund Of Penalty

The Calcutta High Court has directed the refund of the penalty and held that the department was vacillating between Sections 67 and 68 of the GST Act, depending on whether the goods are in transit or in the godown.The bench of Justice Amrita Sinha has observed that initially the authority invoked the provision of Section 67 but thereafter shifted its stand and relied upon Section 68 read...

'Assets',Have Proved To Be `Fictitious’/`Fraudulent’, Created In The`Books Of Accounts’,With An Intent To `Defraud’ The‘Creditors’;NCLAT Chennai

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Mr. Shibu Job Cheeran & Ors. v Mr. Ashok Velamur Seshadri, has held that for an application under Section 66 of IBC to succeed, it must be proved that (i) Directors participated...

IBBI Revises Format For Serving Copy Of Application To Board

The Insolvency and Bankruptcy Board of India (“IBBI”) has issued a Circular dated 04.03.2023, revising the format in which a copy of petition under IBC is to be served to IBBI by the Applicant, before filing of such application for initiation of CIRP. Brief background The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 obligates an applicant...

Any Attempt To Vilify Judges Without Any Reasonable Basis Can’t Be Permitted: Delhi High Court Imposes ₹50K Costs On Lawyers' Body

While dismissing a plea challenging re-appointment of Justice (Retd.) K.S. Ahluwalia as Chairperson of Railway Claims Tribunal with a cost of Rs. 50,000, the Delhi High Court has said that any attempt to vilify judges without any reasonable basis cannot be permitted.Justice Prathiba M Singh rejected the plea moved by Rail Dawa Bar Association, Lucknow, seeking direction on Central Government...

NCDRC Reiterates The 3 Duties A Doctor Owes To The Patient: Whether To Undertake The Case; What Treatment To Give; And, Administration Of That Treatment

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Dr. S.M. Kantikar as presiding member partly allowed an appeal filed by the appellant hospital alleging that there was no negligence on the doctor’s part while performing the flap surgery on the patient/complainant who suffered from extreme burn injuries on his arm. The Commission observed that the doctor failed...

Orissa High Court Chief Justice Throws Open ‘Museum Of Justice’

The refurbished Museum of Justice set up by the Orissa High Court inside the Barabati Quila (Fort), Cuttack, was thrown open for public on Friday in the presence of Chief Justice Dr. S. Muralidhar and the Judges of the High Court. The Museum was inaugurated by Prof. Ganeshi Lal, Governor of Odisha on February 25, 2023.A consultative committee of historians, conservation experts and legal...

Delhi High Court Allows Holding Of Seminar On Fascism, Asks Organizers To Give Invitees’ Details To Police

The Delhi High Court has allowed holding of a two days National Seminar to be conducted through “Bharat Bachao” platform on the theme “Understanding Fascism In Present India Context” and asked the parties to ensure that it is held in a “peaceful atmosphere.”Justice Tushar Rao Gedela was hearing a plea moved by Gade Inna Reddy and Dr. Mondru Francis Gopinath challenging the...

WATCH LIVE- TODAY AT 11 AM: Senior Advocate Dushyant Dave To Speak On 'Basic Structure Of Indian Constitution And The Present Day Challenges'

TODAY AT 11 AMSenior Advocate Dushyant Dave To On 'Basic Structure Of Indian Constitution And The Present Day Challenges'The Event. is organized by Ernakulam Law College Old Students Teachers Organisation.Venue: Bharat Hotel, Ernakulam WATCH...

Spotlight On Recent Appointments To The Supreme Court - Justice Manoj Misra

A general criticism of the Indian Courts has been that very little is known to the public about the judges being recommended by respective Collegium before their appointment, on merit and suitability. A designated Secretariat ideally should do the job, unfortunately we don’t have such a mechanism. Livelaw has taken an initiative to share relevant information about the appointees and we...

Jammu & Kashmir And Ladakh High Court Accepts Unconditional Apology From Sr AAG, DM Anantnag

Observing that the apology tendered by Senior Additional Advocate General Abdul Rashid Malik and District Magistrate Anantnag is accompanied with a sense of genuine remorse and repentance and is not a calculated strategy to avoid punishment, the Jammu and Kashmir and Ladakh High Court on Friday accepted their unconditional apology.Accepting the apology, a bench of Justice Wasim Sadiq...

Bombay High Court Asks District Judge To Probe How BJP’s Kirit Somaiya Got Copies Of Judicial Order, FIR In Cases Against NCP’s Hasan Mushrif

The Bombay High Court on Friday ordered a judicial inquiry to find out how BJP leader Kirit Somaiya obtained a copy of a judicial order passed against NCP leader Hasan Mushrif’s sons hours after the order was pronounced.The bench of Justices Revati Mohite Dere and Sharmila Deshmukh asked the Principal District Judge to conduct the inquiry. It also directed the investigating officer to...

Transgender Persons, Gays & Sex Workers Excluded From Blood Donation Based On Scientific Evidence: Centre Tells Supreme Court

The Union Ministry of Health And Family Welfare has filed its preliminary affidavit in a petition challenging the blood donor guidelines in so far as they impose a blanket ban on Transgender persons, gay men, female sex workers, etc. from donating blood. It has stated that the determination of the population group that is to be precluded from being blood donors is prescribed by the National...