All High Courts Weekly Round-Up: May 16 - May 22, 2022

Allahabad High Court NOMINAL INDEX Manvir v. State 2022 LiveLaw (AB) 242 Preeti Malik v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 243 Anwar Ali v. State Of U.P. And Anr 2022 LiveLaw (AB) 244 Rajneesh Kumar Pandey v. Union of India and others 2022 LiveLaw (AB) 245 Dashrath Singh v. State of U.P. and Others 2022 LiveLaw (AB) 246 Ankita Dikshit v. State Of U.P. And Anr....

CESTAT Allows Cenvat Credit To The Member Of Industries Association Who Received Services And Borne Expenditure

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) has held that the member of an industry association who has received the services and borne the expenditure is entitled to the cenvat credit.The appellant/assessee is a member of the Valia Industries Association. Service provider Shree Rang Services provided...

'Can't Encourage Such Dishonest Conduct': Delhi High Court Awards ₹10 Lakh Damages To Blue Heaven Cosmetics For Trademark Infringement

In the case of competing trademarks of a cosmetics range, the Delhi High Court awarded damages of Rs. 10 lakh to M/s Blue Heaven Cosmetics Pvt. Ltd. Looking at the similarity of the defendant's product to the Blue Heaven range, Justice Pratibha M. Singh remarked,"...this is not a case of innocent adoption, and the Court cannot encourage such dishonest conduct on behalf of the Defendant....

Executive Can't Exempt Use Of Copyrighted Sound Recordings In Marriage Functions, "Fair Use" To Be Decided In Facts Of Each Case: Punjab & Haryana HC

While quashing a public notice/letter exempting use of copyrighted sound recordings in marriage functions from liability, the Punjab and Haryana High Court recently held that the executive has no authority under the Copyright Act to clarify or interpret the applicability of the law through public notices. Thus, the executive cannot take away the right of a copyright owner to...

Failure Of Assessee To Reply To Income Tax Notice Due To COVID: ITAT Directs Fresh Adjudication

The Bangalore bench of the Income Tax Appellate Tribunal (ITAT) held that the assessee could not respond to the notices in view of the pandemic situation, which has to be accepted as a reasonable cause.The two-member bench headed by N.V. Vasudevan (Vice President) and Chandra Poojari (Accountant Member) set aside the orders of the CIT (A) and remanded the issue to the CIT (A) for a...

Police Should Not Abuse Sex Workers, Media Should Not Publish Their Pictures During Raid & Rescue Operations : Supreme Court Issues Directions

"Notwithstanding the profession, every individual in this country has a right to a dignified life under Article 21"

Punjab & Haryana High Court Weekly Round Up : May 16 To May 22, 2022

Nominal Index Manish Singh @ Golu v. State of UT Chandigarh 2022 LiveLaw (PH) 103Raj Bala v. State of Haryana and Others 2022 LiveLaw (PH) 104Mamta Versus State of Haryana, and connected matter 2022 LiveLaw (PH) 105RANI versus ADDITIONAL DISTRICT MAGISTRATE AND ANR 2022 LiveLaw (PH) 106Harbans Kaur v. Joginder Pal [FAO-M-272 of 2017] 2022 LiveLaw (PH) 107Gurpreet Singh Versus...

Indian Company Liable To Service Tax On Secondment Of Employees From Overseas Group Entities As Recipient Of Manpower Supply: Supreme Court

The Supreme Court has held that when the Overseas group companies providing skilled employees, on secondment basis, to its Indian counterparts amounts to supply of manpower services, the Indian company would be considered as service recipient. Therefore, the Indian company is liable to pay service tax on the salaries of the seconded employees reimbursed to the overseas company.While...

Highly Unbelievable One Would Keep Identity Proof In Bag Along With Contraband: Himachal Pradesh High Court Grants Bail To NDPS Accused

While granting bail to an accused under the Narcotics Drugs and Psychotropic Substances Act, 1985, the Himachal Pradesh High Court said that it is highly unbelievable that the persons carrying a commercial quantity of contraband would keep documents relating to their identity in the same bag. Justice Sandeep Sharma was of the view that this creates a suspicion about the correctness of...

"No Urgency" : Supreme Court On Plea Challenging Talaq-E-Hasan; Asks Petitioner To Mention Next Week

A petition challenging Muslim personal law practice of divorce through the Muslim personal law practice of Talaq-E-Hasan was mentioned before a vacation bench of the Supreme Court on Wednesday for urgent listing.Senior Advocate Pinky Anand mentioned the Public Interest Litigation petition filed by journalist Benazeer Heena before a vacation bench comprising Justices DY Chandrachud and...

[Actor Assault Case] 'This Court Is Not Powerless': Kerala High Court In Survivor's Plea Suspecting Foul Play In Ongoing Investigation

The Kerala High Court on Wednesday directed that the accused be added as parties in the plea moved by the survivor in the 2017 actor sexual assault case where she raised serious allegations against the State and the trial court judge, suspecting foul play in the ongoing investigation in the case.Justice Ziyad Rahman orally remarked that the Court was not powerless when the petitioner's...

Review | Order 47 Rule 1 CPC Can't Curtail High Court's Power To Pass Orders Ex Debito Justitiae: Calcutta HC

The Calcutta High Court while enumerating upon the vires of power in plenary jurisdiction observed that although Order 47, Rule 1 of the CPC imposes a restriction upon parties to approach the Court for review of an order only on the grounds mentioned therein, however such a provision does not and cannot curtail the High Court's power to pass orders ex debito justitiae.A Bench comprising...