No Excise Duty Payable On Manual Segregation Of Scrap: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that excise duty is not levied on manual segregation of scrap.The two-member bench of Binu Tamta (Judicial Member) and P. V. Subba Rao (Technical Member) has observed that the respondent was neither manufacturing nor producing the plastic scrap. The plastic scrap already exists, and the respondent is...

SPA Which Gives Option To Resell Shares To Vendor, Not A ‘Forward Contract’: Bombay High Court

The Bombay High Court has ruled that a Share Purchase Agreement (SPA), which gives an option to the purchaser to require the seller/vendor to repurchase the shares on the occurrence of a contingency, does not constitute a ‘forward contract’ and thus, the same is enforceable. The bench of Justices K. R. Shriram and Rajesh S. Patil, were dealing with an arbitral award, where the...

MBBS Admission For Student With Speech Disability : Supreme Court Orders To Constitute Medical Board To Examine Suitability

The Supreme Court on Friday ordered the Post Graduate Institute for Medical Education and Research (PGIMER), Chandigarh to constitute a Medical Board to examine the suitability of a candidate with speech and language disability for MBBS admission.The bench comprising Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala was hearing a petition challenging the...

Justice Victoria Gowri's Appointment : Supreme Court Rejects Argument That Collegium Was Not Aware Of Facts; Says No Judicial Review Over Suitability

While pronouncing reasons for dismissing the petitions assailing the appointment of Justice Lekshmana Chandra Victoria Gowri as an Additional Judge of the Madras High Court, the Supreme Court, on Friday, rejected the argument that the facts were not known to the Collegium when they recommended her name for elevation. During the course of the hearing on 7th February, 2023, Senior Advocate...

'Misbehaviour Caused In A Drunken Mood': Madras High Court Grants Bail To Accused In SC/ST Case

The Madras High Court recently granted bail to a man arrested for misbehaving with a woman belonging to the SC/ST Community. While Justice G Ilangovan agreed that the man was not having good conduct, the court noted that considering the period of incarceration and the fact that the alleged act was done in a drunken state, the man was entitled to bail. "The learned Government...

Supreme Court Extends Exemption From Compulsory Tamil Subject For Linguistic Minority Schools Till 2023 Academic Year

The Supreme Court, on February 6, extended the exemptions granted to students studying in linguistic minority schools from writing Tamil language papers in 10th Standard Public Examination for the academic year, 2022-2023.A Bench comprising Justice S.K. Kaul and Justice Manoj Misra was hearing a plea challenging the order of the Madras High Court, that refused to quash the Government Order...

Delhi High Court Orders Status Quo On DDA’s Demolition Drive Against Slum Cluster In Mehrauli

The Delhi High Court on Friday ordered status quo on Delhi Development Authority’s (DDA) action of demolishing a slum cluster in Mehrauli area.Justice Manmeet Pritam Arora directed DDA to maintain status quo with respect to Ghosiya Slum Colony till February 14. The slum cluster houses 400 jhuggis.“In light of the averment that Ghosiya Slum Colony is a Jhuggi cluster duly enlisted in the...

Asaram Bapu Case : Can HC Summon Additional Witness Based On Statements In Book? Supreme Court Reserves Judgment

The Supreme Court, on Friday, reserved its judgment in the petition filed by the State of Rajasthan challenging the High Court’s order to summon IPS Officer Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case.Asaram’s appeal against his conviction is pending before the High...

Need To Remove Uncertainty Regarding Time Of Preparation Of Consent/Non-Consent Memo Qua Compliance Of S. 50 NDPS Act: P&H High Court

The Punjab and Haryana High Court last week asked the state to devise a mechanism to remove the uncertainty regarding the place, date, and time of preparation of consent/non-consent memo qua compliance of Section 50 NDPS Act. The bench of Justice Pankaj Jain observed that in order to remove the uncertainty w.r.t. this important aspect of the investigation, Investigating Agencies need to...

Centre Notifies Appointment Of Justice Sonia Giridhar Gokani As Acting Chief Justice Of Gujarat High Court

The Central Government today notified the appointment of Justice Sonia Gokani, senior most puisne Judge of the Gujarat High Court, to perform the duties of the office of the Chief Justice of the High Court with effect from the date Justice Aravind Kumar relinquishes the charge as Chief Justice of the High Court. Justice Kumar has been elevated as the Judge of the Supreme Court. The...

[S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim Afresh

The Calcutta High Court at Jalpaiguri on Wednesday directed the District Judge, Cooch Behar to re-decide the application for alimony filed by a wife under Section 24 of the Hindu Marriage Act, in compliance with the proposition laid down by the Supreme Court in Rajnesh v. Neha. The judgement of Supreme Court in Rajnesh v. Neha mandates that the Affidavit of Disclosure of Assets...

[Anti-CAA Protests] FIRs Registered To Probe Property Damage, Claim Commissioner Appointed: Delhi HC Closes PIL

The Delhi High Court has disposed of a public interest litigation seeking recovery of damages from persons who allegedly indulged in destruction of public and private properties during the protests against Citizenship (Amendment) Act, 2019.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that once Claim Commissioner has already been appointed...