Erroneous Recording of Place Of Supply As The Location Of Unregistered Recipient: Telangana High Court Remands The Matter

The Telangana High Court ruled that, while the department referred to Section12(9) of the IGST Act, the department erroneously recorded that, in the instance of an unregistered receiver, the place of supply should be the recipient's location. It prima facie appears to be in contravention of Section 12(9) of the IGST Act. The division bench of Justice Ujjal Bhuyan and...

Summary of Show Cause Notice In Form DRC-01 Is Not A Substitute Of Section 74(1) Show Cause Notice: Jharkhand High Court

The Jharkhand High Court held that the summary of show cause notice in Form DRC-01 is not a substitute for show cause notice under Section 74(1) of the CGST Act. The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that though the petitioner submitted their concise reply, the respondent cannot take benefit of the action as a summary of show...

Terms Of Agreement Are Wholly One-Sided And Unfair To Flat Purchaser; Builder Cannot Seek To Bind Flat Purchaser With Such Terms; NCDRC

The bench of National Commission comprising Justice R.K. Agrawal, President and Binoy Kumar, Member has observed that, the terms of the Apartment Buyer's Agreement were wholly one-sided and unfair to the Flat Purchaser. The Builder cannot seek to bind the Respondent with such one-sided contractual terms. In this case, the Complainants jointly booked an Apartment in the Group...

Applicability Of Section 27A Is Seriously Questionable : Supreme Court Upholds Bail Granted To NDPS Accused

The Supreme Court observed that the rigours of Section 37 NDPS Act will not apply in a case where applicability of Section 27A NDPS Act is seriously questionable and there was no recovery from the accused and quantity in question was intermediate quantity.In this case, the Calcutta High Court granted bail to a person accused under Sections 21(b)/29/27A of the Narcotic Drugs and...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-123]

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GNCTD vs LG : Delhi Govt Seeks Urgent Listing Of Case Relating To Dispute Over Control Of Services; Supreme Court Agrees

The Supreme Court on Tuesday agreed to urgently list the case involving dispute between Delhi Government and Central Government regarding power of postings & transfers over civil servants belonging to All India Services serving GNCTD. The matter was mentioned before the bench of CJI NV Ramana, Justices Krishna Murari and Hima Kohli. Terming the matter as "extremely urgent",...

Chinese Visa Scam: Delhi High Court Issues Notice On CBI's Plea Challenging Bail Of Karti Chidambaram's CA

The Delhi High Court on Tuesday issued notice on the plea filed by Central Bureau of Investigation (CBI) challenging the bail granted to Karti Chidambaram's Chartered Accountant S Bhaskararaman in connection with alleged Chinese visa scam case. Justice Poonam A Bamba sought the response of Bhaskararaman while posting the matter for further hearing on September 27. Bhaskararaman was granted...

Is Joint CSIR-UGC NET Examination 2019 Result Declared by NTA A Score Card Or Final Result? Plea In Supreme Court

A petition has been filed in the Supreme Court seeking to declare the result declared on January 15, 2020 by National Testing Agency of Joint CSIR – UGC NET Examination – 2019 as final result.The petition raises the issue whether the Joint CSIR – UGC NET Examination – 2019 declared by National Testing Agency (NTA) on 15th January 2020 is only a Score Card, not amounting to...

Advocates' Welfare Fund Scam: Kerala High Court Denies Pre-Arrest Bail To 7 Accused

The Kerala High Court on Tuesday denied anticipatory bail to seven accused in the scam involving misappropriation of over ₹7.5 crores from the Kerala Advocates Welfare Fund.Justice K. Babu refused pre-arrest bail to the accused pointing out that this could tamper with the ongoing investigation in the matter. This comes after ASGI S Manu appeared on behalf of CBI and submitted that the scam...

Bar Against 'Inter-District Transfer' Not Applicable To Govt Teachers With Disabilities: Orissa High Court

In an important decision, which can be tagged as a remarkable quantum leap in the field of disability jurisprudence, the Orissa High Court has held that bar against 'inter-district transfer' cannot be made applicable to teachers who are recognised as persons with disabilities. A Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed, "The Supreme Court as well as High...

SC/ST Act Not Attracted When Offence Not Done With Intention That Victim Belongs To A Particular Caste: Andhra Pradesh High Court

A single judge bench of Justice Subba Reddy Satti of the Andhra Pradesh High Court granted bail to a person accused of offences punishable under Sections 420, 376 of the Indian Penal Code (IPC) and Sections 3(2)(v), 3(1)(w), 3(1)(r)(s), 3(2)(v), 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The bench held that when the offence alleged is...

On Setting Aside Ex Parte Decree, Defendants Who Have Not Filed Written Statement Can Be Permitted To Cross Examine Witnesses: Supreme Court

The Supreme Court observed that on setting aside the ex­parte decree, the defendants can be permitted to participate in the suit proceedings and cross­-examine the witnesses.In this case, the defendants were set ex parte by the Trial Court. Their application under Order IX Rule 13 was also dismissed by the Trial Court. The First Appellate Court allowed the appeal filed by defendants and...