Weekly Round-Up of Tax Cases: May 15 To May 21

Supreme Court GST Council Recommendations Not Binding On Centre & States; Both Parliament & State Legislatures Can Legislate On GST : Supreme Court Case Title : Union of India and Anr versus M/s Mohit Minerals Through Director Citation : 2022 LiveLaw (SC) 500 In a significant verdict, the Supreme Court held that the recommendations of the GST council are not binding on...

A Candidate Has No Legal Right To Insist That The Recruitment Process Set In Motion Be Carried To Its Logical End : Supreme Court

The Supreme Court observed that a candidate does not have a legal right to insist that the recruitment process set in motion be carried to its logical end.Even inclusion of a candidate in the select list may not clothe the candidate with such a right, the bench of Justices KM Joseph and Hrishikesh Roy observed. The bench clarified that this does not mean that the employer is free to act in...

While Settling Claims, Insurance Company Should Not Seek Documents Which Are Beyond The Control Of Insured To Furnish: Supreme Court

The Supreme Court observed that while settling the claims, the insurance company should not be too technical and ask for the documents, which the insured is not in a position to produce due to circumstances beyond his control. The bench of Justices MR Shah and BV Nagarathna noted that, in many cases, it is found that the insurance companies are refusing the claim on...

Registrar Of The Jharkhand Cooperative Society, Who Also Is The Ex-Officio Director Of The Respondent, Jharkhand High Court Says Appointment As Arbitrator Not Barred As Parties Had Agreed Earlier

The Jharkhand High Court has ruled that just because registration was granted to a party by a State Cooperative Society, presumption against the independence and impartiality of the Registrar of the said State Cooperative Society to act as an Arbitrator cannot arise. The Single Bench of Justice Sujit Narayan Prasad held that by merely raising apprehension regarding the independence...

Supreme Court Weekly Round Up: May 16- May 22,2022

Supreme Court Judgements Remission/Premature Release Policy Of The State Where The Crime Was Committed Has To Considered: Supreme Court Case Title: Radheshyam Bhagwandas Shah @ Lala Vakil vs State of Gujarat | WP(C) 135 OF 2022 Citation: 2022 LiveLaw (SC) 484 The Supreme Court observed that the remission or pre­mature release in terms of the policy which is applicable...

Justice L. Nageswara Rao's Six Years At The Bench - An Extensive Tenure Marked By Notable Interventions

As Justice L. Nageswara Rao is set to retire on 7th June, after 6 years of tenure as a Judge of the Supreme Court, we look back at some of his crucial interventions during his stint at the Apex Court. Before assuming office on 13th May, 2016, he was a Senior Advocate of the Andhra Pradesh High Court. He was designated as a Senior in 2000, prior to which he practiced in the Andhra...

The Arbitrator Cannot Allow Forfeiture Of A Substantial Amount Of Consideration Without Proof Of Actual Loss Solely On The Ground That It Was Earnest Money: Delhi High Court

The High Court of Delhi has held that the arbitrator cannot allow forfeiture of a substantial amount of consideration without the proof of actual loss solely on the ground that it was referred to as Earnest Money under the contract. The Single Bench of Justice Vibhu Bakhru partly set aside an award on the ground that the arbitrator wrongly allowed the forfeiture of Earnest Money...

Section 63 Copyright Act - Copyright Infringement Is A Cognizable & Non Bailable Offence: Supreme Court

The Supreme Court held that the offence of copyright infringement under Section 63 of the Copyright Act is a cognizable and non ­bailable offence.If the offence is punishable with imprisonment for three years and onwards but not more than seven years the offence is a cognizable offence, the bench comprising Justices MR Shah and BV Nagarathna observed. BackgroundThe appellant had filed...

Delhi High Court Notifies Arrangement Of Hearing Urgent Matters During Summer Vacations 2022

The Delhi High Court has notified it's arrangement of hearing urgent matters during summer vacations, 2022 commencing from June 6 to July 1, 2022. The arrangement is in the following terms:- Justice Manoj Kumar Ohri and Justice Poonam A. Bamba: June 4 to June 10- Justice Jyoti Singh and Justice Anoop Kumar Mendiratta: June 11 to June 17- Justice Jasmeet Singh and Justice Dinesh Kumar Sharma:...

Prosecution In All Criminal Cases Shall Furnish List Of Statements, Documents, Material Objects & Exhibits Not Relied Upon By Investigating Officer: Supreme Court

In a judgment delivered on Friday, the Supreme Court held that the prosecution in all criminal cases shall furnish the list of statements, documents, material objects and exhibits which are not relied upon by the investigating officer.The role of the public prosecutor is intrinsically dedicated to conducting a fair trial, and not for a "thirst to reach the case in conviction", the...

Can't Reject Plea U/S 125 CrPC On The Ground That Wife Has Sufficient Means As She Got Money After Selling Property: Allahabad HC

The Allahabad High Court recently observed that a wife doesn't lose her opportunity for grant of maintenance under Section 125 CrPC on the ground that she has sufficient means to maintain herself and her children as she got money after selling the property.With this, the Bench of Justice Brij Raj Singh set aside the judgment and order passed by the family court rejecting the plea of one...

"Feeling Of Hurt Felt By An Individual Cannot Represent Entire Community": Delhi Court Grants Bail To DU Professor Arrested Over Post Relating To Gyanvapi Mosque

A Delhi Court on Saturday granted bail to Ratan Lal, a professor of history at Delhi University, arrested over a social media post in relation to the recent controversy regarding Gyanvapi Mosque, after observing that the feeling of hurt felt by an individual cannot represent entire group or community.Ratan Lal was arrested under sec. 153A and 295A of Indian Penal Code for posting...