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Industrial Tribunal's Order Can't Be Challenged On Disputed Questions Of Facts Under Article 226: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court recently observed that an order passed by Industrial Disputes Tribunal/ Labour Court on disputed questions of fact cannot be challenged by way of a petition under Article 226 of the Constitution. A bench comprising Justice Wasim Sadiq Nargal was hearing a plea filed by a firm under Article 226 of the Constitution of India challenging an...
Adoption Process Tedious In India, Precluding People From Adopting : Supreme Court Tells Centre
The Supreme Court, on Friday, adjourned the hearing of the petition seeking simplification in the process of adoption in India. Additional Solicitor General, Mr. K.M. Nataraj apprised a Bench comprising Justices D.Y. Chandrachud and J.B. Pardiwala that he had not received the petition. The Bench asked the petitioner-in-person to handover a copy to him. As a preliminary objection,...
Proliferation Of Impostor Domain Names: Delhi High Court Seeks Recommendations From Cyber Cell, MeitY For Identification
The Delhi High Court has expressed concern over the lack of effective mechanism for identifying parties who fraudulently use websites and domain names consisting of well known brands and trademarks, thereby obtaining money illegally. Justice Pratibha M Singh was dealing with a bunch of pleas filed by trademark and brand owners, seeking reliefs against misuse of their marks and names...
Supreme Court Directs Delhi Police Commissioner To Ensure Recovery Of Rs 10 Lakh Cost Imposed On Petitioner Who Challenged CJI Dipak Misra's Appointment
The Supreme Court, on Friday, stated that the Commissioner of Delhi Police shall take necessary steps to ensure that the cost of INR 10 lakhs imposed on one Mukesh Jain, who, along with one late Swami Om Ji(a self proclaimed godman), had pursued a frivolous litigation assailing the existing procedure adopted for the appointment of Chief Justice of India (CJI), be recovered as arrears of...
Recovery Of Demand Against Issues Decided In Favour Of Assessee Is Unwarranted: Delhi High Court
The Delhi High Court has held that the recovery of demand against issues decided in favour of the assessee is unwarranted.The division bench of Justice Manmohan and Justice Manmeet Singh Arora has found that the Central Board of Direct Taxes (CBDT) has itself issued an Instruction dated February 2, 1993, giving guidelines for Stay of Demand. One of the guidelines for the grant of...
Can One State Ban Goods From Another State In Federal Structure? Supreme Court Asks In Lottery Ban Case
While hearing a suit filed by the State of Meghalaya, seeking to sell their lottery outside their own state, the Supreme Court orally asked whether a state banning goods from another state was permissible in a federal structure. The context of the suit is that as per Section 5 of the Lotteries (Regulation) Act 1998, the Central Government authorised State Governments to prohibit the sale...
Charges For Transportation Of Goods From Factory To Buyer's Premises, can't be Assessed: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand and penalty and held that the freight charges incurred for transportation of goods from the place of removal to the buyer's premises cannot be included in the assessable value.The two-member bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical...
CJI NV Ramana Receives Doctor Of Law Degree From Osmania University
The Osmania University on Friday conferred Chief Justice of India NV Ramana with the Doctor of Laws (Honoris Causa) degree. CJI Ramana received the degree certificate from the University Chancellor and Telangana Governor Dr.Tamilisai Soundararajan and Vice-Chancellor Professor D Ravinder.CJI Ramana also delivered an address during the convocation ceremony of the University at Hyderabad. In...
"Threat To Independence Of Judiciary Is A Myth": Karnataka HC Judge Justice P Krishna Bhat In His Farewell Speech
Justice P Krishna Bhat of the Karnataka High Court on Thursday said that threat to 'Independence of Judiciary' is a myth. The Independence of the Judiciary is realized by an individual Judge remaining independent, he said. Speaking at the farewell function organised by the High Court he said, "Discussions about 'Independence of judiciary' and threat to the same abounds the air now. To...
Dowry Death | Presumption U/S 113B Evidence Act Mandatory: Kerala High Court Reopens Case After It Was Closed As Suicide
The Kerala High Court on Friday directed a dowry death case to be reopened after the Sub Inspector (SI) of Police in charge of the investigation closed it as a case of suicide. Justice Kauser Edappagath observed that as per Section 113 B of the Indian Evidence Act (presumption as to dowry death) if it is seen that a woman was subjected to cruelty or harassment for dowry by the accused soon...
"What's The Point In Passing Orders? There Has To Be A Minister To Implement": Bombay HC Judge On Lack Of Cabinet In Maharashtra
Bombay High Court judge Justice Revati Mohite Dere on Friday made a comment on the delay in appointment of Ministers in Maharashtra's cabinet on Friday.It's been over a month since rebel Shiv Sena leader Eknath Shinde was sworn in as the Chief Minister of Maharashtra with BJP leader Devendra Fadnavis as deputy CM, but the cabinet expansion is yet to be announced. On Friday, the bench...