Supreme Court Weekly Digest With Nominal Subject/Statute Wise Index (July 1 - July 10, 2022)

Code of Civil Procedure, 1908 - One First Appeal filed by defendant against a common judgment disposing two suits - An application (CLMA) seeking permission to file a single appeal assailing the common judgment alongwith two separate decrees filed - The first appeal admitted by High Court - A decade later, the High Court without passing any order on the said CLMA, at the time of hearing...

Married Woman Wilfully Cohabitating With Another Man Can't Prosecute Him For Rape Under False Promise Of Marriage: Telangana High Court

The Telangana High Court has made it clear that a married woman, wilfully cohabitating with another man, cannot prosecute him for Rape on his refusal to marry her. Justice K. Surender observed,"When there is a subsisting marriage, the question of respondent/accused marrying P.W.1 would not arise for the reason of such marriage being an offence punishable for bigamy and invalid...The...

Karnataka ACB Moves Supreme Court Against Adverse Remarks & Directions Of High Court

The Anti-Corruption Bureau of Karnataka has approached the Supreme Court against certain adverse observations made by a single judge of the Karnataka High Court.The ACB Chief ADGP Seemant Kumar Singh had become the centre of controversy last week after Justice HP Sandesh of the High Court made a sensational statement in the open court that he received indirect threats of transfer after...

Section 8 Application Should Be Filed Within Time Available For Filing Written Statement: Delhi High Court

The Delhi High Court has ruled that if a party fails to file an application under Section 8(1) of the Arbitration and Conciliation Act, 1996 (A&C Act) for referring the parties to arbitration within the time available for filing the first statement on the substance of the dispute, which would include a written statement in the context of a suit, the party would forfeit its right...

Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh on Thursday ruled that an employer cannot impose such conditions of employment which have the effect of taking away the right of its employees to seek judicial review of the actions of the employer. The court held that the right to seek judicial review is a vital right conferred by the Constitution and any terms and conditions...

Person Who Secures Appointment On The Basis Of A False Caste Certificate Cannot Be Permitted To Retain Benefit Of Wrongful Appointment : Supreme Court

The Supreme Court observed that when a person secures appointment on the basis of a false caste certificate, he cannot be permitted to retain the benefit of wrongful appointment.In this case, the employee obtained a Caste Certificate showing him to be "Halba" Scheduled Tribe from the Deputy Collector, Durg and on the basis of the said certificate, joined service as a Management...

CESTAT Set Aside Demand Of Service Tax On Ocean Freight Charges

The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical Member) has held that the ocean freight charges collected from customers are not subject to the levy of Service Tax under Business Support Services.The appellant/assessee is a freight forwarder and is engaged in...

Karnataka HC Judge Records In Written Order The Threat Of Transfer Received From Sitting Judge For Passing Orders Against ACB Chief

Justice H P Sandesh of the Karnataka High Court, who made a sensational revelation last week that he had received an indirect threat of transfer for passing orders against the head of Anti Corruption Bureau(ACB) Seemanth Kumar Singh ADGP, recorded the threat in a written order on Monday.The judge recorded in his order that he was given an indirect threat of transfer by a sitting judge during...

Rajasthan High Court Weekly Roundup: July 4 To July 10, 2022

Judgments/ Orders of the Week 1. When Termination Of Arbitral Proceedings For Non-Appearance Of Parties, Remain Unchallenged, Application Filed Again For Appointment Of Arbitrator Not Maintainable: Rajasthan High Court Case Title: Vimlesh Bansal v. Ashok Kumar Citation: 2022 LiveLaw (Raj) 204 Case No.: S.B. Arbitration Application No. 51 of...

Offences Alleged Against A Person Must Fall Within Realm Of Disturbing "Public Order" To Warrant Preventive Detention: J&K&L High Court Reiterates

The Jammu and Kashmir and Ladakh High Court on Wednesday reiterated that a detention order passed by a competent authority under Sec 8(1) of J&K Public Safety Act on the ground of disturbance of law & order situation is not sustainable in law as the said provision clearly prescribes "prejudicial to Public order" as a ground to issue detention orders. The bench comprising...

C&F Agent Service Is Admissible Input Service Under Cenvat Credit Rules: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) has held that the C & F Agent Service is an admissible input service in the terms of Rule 2(l) of the Cenvat Credit Rules, 2004. The appellant submitted that in respect of C & F Agent service, the service is provided up to the place of removal. As...

Sidhu Moosewala Murder : Want To Investigate Lawrence Bishnoi's Conspiracy With Accused In Foreign, Punjab Govt Tells Supreme Court

The State of Punjab on Monday told the Supreme Court that the police wants to investigate the conspiracy by alleged gangster Lawrence Bishnoi with an accused in foreign in connection with the murder of Punjabi singer Sidhu Moosewala.Senior Advocate Dr Abhishek Manu Singhvi, appearing for the State of Punjab, made this submission in a plea preferred by the father of Lawrence Bishnoi...