Stray Evidence Or A Single Bill Of Entry Cannot Be The Basis For Revising The Assessable Value Of Imported Goods: CESTAT Mumbai

The Mumbai Bench of CESTAT has ruled that after the passing of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007, the 'declared value' of goods has been elevated to the 'gold standard'. The Bench, consisting of members Ajay Sharma (Judicial Member) and CJ Mathew (Technical Member), held that stray evidence or a single bill of entry cannot be the basis...

Daughter's Glossy Instagram Pictures Not Conclusive Proof Of Income: Bombay High Court Upholds Maintenance By Father To Major Daughter

The Bombay High Court has refused to modify the maintenance amount payable by a father to his major daughter observing that her 'glossy' Instagram photographs weren't sufficient proof of her income. "It is a well-known fact that it is the habit of the youth of today to project a glossy picture and post the same in the social media though its contents may not always be true,''...

Right To File Objection To SCN Can't Be Denied Due To One Day Delay: Delhi High Court

The Delhi High Court bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora ruled that the right to file an objection to the Show Cause Notice cannot be denied owing to a one-day delay. The petitioner has challenged the order passed under Section 148A (d) of the Income Tax Act, 1961 and the notice passed under Section 148 of the Income Tax Act. The petitioner was given...

Interception Done By Authorized Law Enforcement Agencies After Due Approval, No Blanket Permission: Centre Tells Delhi High Court

The Centre has informed the Delhi High Court that lawful Interception or monitoring or decryption of any message or any information stored in any computer resource is done by authorized law enforcement agencies after due approval in each case by the competent authority, subject to safeguards as provided in law.The development in a detailed counter affidavit filed by the Centre while opposing...

'Sorry State Of Affairs': Calcutta High Court Orders State To Disburse Funds For Victim Compensation In 6 Weeks

The Calcutta High Court on Monday came down heavily on the State Legal Services Authority (SLSA) for not having enough funds to provide compensation to victims as per the West Bengal Victim Compensation Scheme, 2017 and thus directed the State government to ensure disbursal of adequate funds within 6 weeks. Justice Moushumi Bhattacharya observed, "This court has noted in other matters of...

Plea Of 'Passing-Off' Can't Be Negated Solely On Ground That Plaintiff Had Asserted Trademark Rights In Registered Designs: Delhi High Court

The Delhi High Court has held that a plea of passing-off cannot be negated solely on the ground that the Plaintiff had asserted trademark rights in the registered designs. A composite suit seeking action in respect of both design infringement and passing off is maintainable.A single judge bench comprising Justice Jyoti Singh observed that while it is trite that asserting trademark rights...

Abuses Hurled In Basement Which Was Not In Public View Not An Offence: Karnataka High Court Quashes Proceedings Under SC/ST Act

The Karnataka High Court has quashed proceedings initiated against an accused under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, holding that alleged abuses hurled by him to the complainant were in the basement of a building which was not a place of public view or a public place. A single judge bench of Justice M...

12 Circumstances That Persuaded Kerala High Court To Grant Pre-Arrest Bail To Vijay Babu In Rape Case

The Kerala High Court on Wednesday granted pre-arrest bail subject to conditions to Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of sexually exploiting herJustice Bechu Kurian Thomas allowed the anticipatory bail plea upon noting the following 12 circumstances gathered from the arguments made by the parties and the materials produced. (1) The survivor...

Industrial Disputes Act | Workmen Terminated In Violation Of Retrenchment & Re-Employment Procedure U/S 25G & 25H Entitled To Reinstatement: Gujarat HC

The Gujarat High Court has said that where the service of a workman is terminated in violation of the procedure for Retrenchment & Re-Employment provided under Sections 25(G) and 25(H) of the Industrial Disputes Act, an order of reinstatement ought to follow. Holding thus, Justice Biren Vaishnav set aside the order of the Labour Court which granted backwages worth Rs. 72,000 to...

Demolitions Not Punitive Actions Against Rioting But For Violations; Due Process Of Law Followed : UP Govt Tells Supreme Court

The State of Uttar Pradesh has submitted before the Supreme Court that the recent demolitions carried out in Kanpur and Prayagraj were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973. The submissions have been made by the State through its affidavit filed response to the applications filed by Jamiat...

Suit Against A Firm Is A Suit Against All Persons Who Were Its Partners When Cause Of Action Occured: Kerala High Court

The Kerala High Court has last week held that a suit instituted by or against a firm is a suit by or against all the partners of the firm and that the firm's name stands for all who were partners at the time when cause of action arose.A Division Bench of Justice P.B. Suresh Kumar and Justice C.S. Sudha pointed out that the policy underlying Order XXX (Suits by or against firms and...

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court

The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by subsequent purchasers of a...