Gujarat High Court Monthly Digest: July 2022 [Citations 253 - 300]

NOMINAL INDEX Narubhai Amarsinh Makwana(Koli Patel) V/S State Of Gujarat 2022 LiveLaw (Guj) 253 Chief Officer v/s Decd. Shree Solanki Kanubhai Danabhai through Legal Heirs Manjulaben w/o Kanubhai Solanki 2022 LiveLaw (Guj) 254 Rafik Adam Sumra V/S State Of Gujarat 2022 LiveLaw (Guj) 255 Gujarat State Financial Corporation Ltd V/S India Sme Assets Reconstruction Company...

Calcutta High Court Restrains UOI From Deporting 4 Rohingya Muslim Women To Myanmar Till August 10

As a temporary measure, the Calcutta High Court has restrained the Union Of India from deporting 4 Rohingya refugee women to Myanmar till August 10. The bench of Justice Moushumi Bhattacharya further directed that the 4 women should be provided with facilities that are commensurate to their right to live with dignity.Essentially, the Court is dealing with the plea filed by 4 women who have...

Recovery Of Tax Dues Of A Company From Its Directors Under Section 179 Of Income Tax Act, Cannot Be Invoked Casually: Bombay High Court

The Bombay High Court has ruled that exercise of jurisdiction under Section 179 of the Income Tax Act, 1961 against the director of a public company, to recover the tax dues of the said company, is violative of the principles of natural justice, where the Income Tax Authority has failed to give any opportunity of hearing to the director before applying the principle of 'lifting the...

Gauhati High Court Denies Bail To 24 Yr Old UAPA Accused Who Allegedly Propagated ULFA Ideology On Facebook

The Gauhati High Court on Monday denied bail to a 24-year-old man booked under the stringent UAP Act for allegedly making objectionable posts propagating the ideology of the banned organization (ULFA).Perusing the case diary, the bench of Justice Kalyan Rai Surana noted that the investigation carried out so far implicates the petitioner of making objectionable posts propagating the ideology...

Theobroma & Theos Settle Trademark Dispute Before Delhi High Court

Competing entities Theos and Theobroma have agreed before the Delhi High Court to settle their trademark infringement suit in respect of bakery related products and confectionery.Justice Pratibha M Singh noted the said settlement conditions while dealing with a suit filed by Theos Food Private Limited against Theobroma Foods Private Limited seeking to restrain the latter from infringing...

License To Use Software Is "Deemed Sale";Service Tax Not Leviable On Ground That Updates Are Provided : Supreme Court In QuickHeal's Case

The Supreme Court has dismissed the appeals filed by the Commissioner of Service Tax seeking to levy service tax to the tune of over Rs 56 crores on Quick Heal Technologies Ltd for its sale of anti-virus software during the period 2012-2014.The Court held that the sale of software in CDs/DVDs is a sale of goods and once sales tax has been paid on the sale consideration, service tax is...

Kurukshetra Univerity Debars Law Student Accused U/S 307 IPC From Taking Exam Due To Attendance Shortage: PH HC Upholds Its Decision

The Punjab and Haryana High Court recently upheld the decision of the Institute of Law, Kurukshetra University debarring a law student booked under section 307 IPC (attempt to murder) from appearing in the theory examination of the 10th Semester [BA LLB (Honours) course].The bench of Justice Sudhir Mittal observed that since Clause 4 of the University Ordinance does not provide for condonation...

Enjoyment Of Liberty By Persons Overreaching Law Not Comprehended In Constitution, Legal Consequences Bound To Follow: Delhi High Court

"Any attempt to create an impression that one can over reach the law and still he can enjoy the liberty would not be comprehended in the constitutional scheme," the Delhi High Court has observed while denying anticipatory bail to a man in a rioting case. Justice Purushaindra Kumar Kaurav added that when an individual behaves in disharmonious manner, society disapproves and the legal...

Voice Sample Of Accused Can Be Obtained After Filing Of Charge Sheet With Court's Permission: Delhi High Court

The Delhi High Court has observed that framing of charges cannot defeat the right of the prosecution to obtain an expert opinion on voice samples that it had been permitted to take by Court. Justice Asha Menon added that the purpose of taking a voice sample is to investigate a crime, but it would be incorrect to interpret the same as meaning that the voice sample would have to be taken...

Why Advocate Band, Gavel & Justice Emblem Being Used On Folio To Obtain Certified Copy Of Orders?: Allahabad HC Asks UP Bar Council

The Allahabad High Court has issued a notice to the Secretary, Uttar Pradesh Bar Council, Prayagraj to show cause as to how Advocate Band, Gavel, and Emblem of justice are being used by Advocates on the folio (application) to obtain a certified copy of orders.The bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji took exception to this practice while hearing an appeal filed...

Tax Exemptions Given With Benevolent Object, Approach For 'Exempting' & 'Including' Subject Matters Under Tax Purview Can't Be Same: Orissa HC

The Orissa High Court has held that the approach which is employed to exempt a commodity from the purview of taxation is not the same which is used to bring a good under the umbrella of taxation. While applying this principle, a Division Bench of Chief Justice Dr. S. Muralidhar and Dr. Justice Sanjeeb Kumar Panigrahi held that 'Chuni' is different from 'Cattle feed' under entry 66 of...

Supreme Court Refuses To Entertain Plea To Take Disciplinary Action Against A Lawyer; Asks Petitioner To Approach Bar Council

The Supreme Court on Friday granted liberty to withdraw a petition which sought to direct the Bar Council of India to initiate disciplinary proceedings against a senior advocate for professional misconduct under the Advocates Act, 1961.A Bench of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia granted liberty to withdraw the matter. During the hearing, the bench asked the petitioners,...