GST Act Can’t Be Interpreted To Deny Right To Carry Trade And Commerce By Citizens: Bombay High Court

The Aurangabad Bench of the Bombay High Court has held that the provisions of the GST enactment cannot be interpreted so as to deny the right to carry on trade and commerce to any citizen or subject."The constitutional guarantee is unconditional and unequivocal and must be enforced regardless of shortcomings in the scheme of GST enactment. The right to carry on trade or profession cannot...

We Can't Have Independent Judiciary If Judges Look For Post-Retirement Appointments : Ex-SC Judge Deepak Gupta

On Saturday, while speaking on the issue of building a transparent and accountable collegium, at the Seminar on Judicial Appointments and Reforms, organised by the Campaign for Judicial Accountability and Reforms (CJAR), Justice Deepak Gupta, former Judge of the Supreme Court, expressed his views on how judicial independence is compromised by post-retirement benefits. He stated - "There...

Madhya Pradesh High Court Directs State to Pay Rs 20 Lakh as Compensation To Persons Imprisoned For 20 Months in Frivolous Case

The Madhya Pradesh High Court, Indore Bench, recently directed the State to pay Rs.20 Lakh each to two individuals who were kept in prison for 20 months in a frivolous case filed against them at the “whims and caprice” of the police. It further granted liberty to the State to proceed against the erring officer to recover the amount from him in accordance with law.Justice Subodh...

IBC Has Overriding Effect On All The Acts Including Income Tax Act: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the Insolvency and Bankruptcy Code (IBC) has an overriding effect on all acts, including the Income Tax Act, as per Section 178(6) of the Income Tax Act, effective from November 1, 2016.The bench of Yogesh Kumar U.S. (Judicial Member) and Pradip Kumar Khedia (Accountant Member) has observed that no proceedings can...

Calcutta High Court Quashes Robbery Case Against HDFC Bank For Taking Repossession Of Loan Defaulter's Vehicle

The Calcutta High Court on Friday quashed the criminal proceedings registered under Section 392 of IPC against HDFC Bank for taking repossession of the vehicle of the borrower by the financer-HDFC.While quashing the criminal proceedings, the single judge bench of Justice Siddhartha Roy Chowdhury held:“The lender or financer took repossession of the vehicle, pursuant to the agreement executed...

Tamil Nadu Govt Files Suit In Supreme Court Challenging NEET; Says It Is Arbitrary & Violative Of Federalism

The State of Tamil Nadu has filed an original suit in the Supreme Court under Article 131 of the Constitution of India against the Union of India challenging the provisions of law which prescribe National Eligibility cum Entrance Examination (NEET) as the condition for medical admissions.The Sate seeks a declaration that provisions prescribing NEET as the criterion for admission to medical...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-147]

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‘Victoria Gowri Case Prime Example Of What Can Happen When Process Collapses’: Justice AP Shah On Need For Transparent & Accountable Collegium

On Saturday, speaking at the Seminar on Judicial Appointments and Reforms, organised by the Campaign for Judicial Accountability and Reforms (CJAR), Justice Ajit Prakash Shah, former Chief Justice of the Delhi High Court expressed his opinion about the controversial appointment of Justice Victoria Gowri as Additional Judge of the Madras High Court. Addressing the participants on the issue...

Theocratic Judges Who Find Source Of Law In Religion Than Constitution Have Sharply Increased: Dr Mohan Gopal

Renowned legal academician Dr Mohan Gopal delivered a speech at a seminar organized by the Campaign for Judicial Accountability and Reforms (CJAR) on "Executive Interference in Judicial Appointments." In his speech, Dr. Gopal raised concerns about the appointment of judges with political bias . He urged the collegium to protect the institution by consciously appointing judges committed to...

Religious Conversion Case: Allahabad High Court Reserves Verdict In Anticipatory Bail Plea Filed By 'SHUATS' Vice Chancellor

The Allahabad High Court on Friday reserves its Judgment in the anticipatory bail plea filed by Vice Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) (Dr.) Rajendra Bihari Lal in connection with a mass religious conversion case.Granting him protection against coercive action till the delivery of the Judgment, the...

VHP Office Bearer Wasn't A Competent Person To Lodge FIR In 'Fatehpur Mass Religious Conversion' Case: Allahabad High Court

The Allahabad High Court on Friday observed that an office bearer of the Vishva Hindu Parishad, Fatehpur Himanshu Dixit was not a competent person to lodge a First Information Report (FIR) pertaining to the Fatehpur Mass Religious Conversion Case under Sections 153A, 506, 420, 467, 468 I.P.C. and Sections- 3/5(1) of Uttar Pradesh Prohibition of Unlawful Conversion of Religion ActThe bench...

Fatehpur Mass Religious Conversion Case: Allahabad High Court Refuses To Quash FIR Against 37 Accused

The Allahabad High Court recently refused to quash a First Information Report (FIR) filed against 37 persons accusing them of coerced the first informant into religious conversion (Hinduism to Christianity) by inducements.While doing so, the Court rejected the argument of the counsel for the accused persons that the instant FIR (filed by an aggrieved person as per the UP Prohibition of...