Suppressed Material Facts With Intention To Abuse Judicial Process: Madras High Court Imposes Rs.25000 Cost On Lawyer For Frivolous Litigation

The Madras High Court recently directed a lawyer, appearing for the petitioner to deposit Rs. 25,000 as exemplary costs in favour of the Bar Council of Tamil Nadu and Puducherry finding that the petitioner had come to the court with unclean hands merely to abuse the judicial process of law. Justice P. Velmurugan made the above orders after observing that the petitioner had submitted...

Andhra Pradesh High Court Stays The Operation Of The Confiscation Notice Under GST

The Andhra Pradesh High Court bench of Justice A.V. Sesha Sai and Justice Ravi Nath Tilhari has stayed the operation of the Confiscation Notice issued under Section 130 of the CGST Act, 2017 on the ground that, with effect from January 01, 2022, the non-obstante clause has been removed from Section 130.The Finance Act, 2022 amended Section 130 of the CGST Act to delink...

Reliance Industries Entitled To Avail CENVAT Credit On Service Tax Paid On Insurance Premium For Employees Opting For Voluntary Separation Scheme: CESTAT

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) headed by Justice Dilip Gupta (President), Ajay Sharma (Judicial Member) and C.J. Mathew (Technical Member) has held that Reliance Industries is entitled to avail CENVAT credit on the service tax paid on insurance premium for employees who had opted for the "Voluntary Separation Scheme" (VSS).The...

Tablighi Jamaat- Supreme Court Directs Centre To Consider Future Visa Applications of Blacklisted Person Uninfluenced by Blacklisting Order

As regards the blacklisting of almost 3500 persons in connection with the Tablighi Jamaat congregation, the Supreme court on Thursday recorded the UOI's submission that the blacklisting order has not been served on the petitioners or similarly placed persons, and directed the concerned authorities to examine the future applications for grant of visa to be made by the petitioners or...

Refusal To Supply Documents On Detention Is A Violation Of Detenue's Constitutional Rights: J&K High Court

The Jammu and Kashmir High Court recently released a detained person while observing that it is necessary to supply documents related to detention to the detenues while adding that refusing such documents and thereby keeping them in the dark was illegal and a violation of their constitutional right. The observation came from Justice Rajnesh Oswal: "It is only after the petitioner...

Varanasi Court Orders Continuation Of Survey Of Gyanvapi Mosque Premises, Court Commissioner Not To Be Removed

A local court in Varanasi today ordered that survey work will continue to take place in the Gyanvapi mosque-Kashivishvanath temple premises and the commissioner, appointed earlier by the Court, will not be removed.The Court has appointed 2 more lawyers as commissioners to accompany Court commissioner Ajay Mishra for the survey and further, it has been ordered the Commission to submit a report...

Police Atrocities| Gujarat High Court Urges State To Install CCTV Cameras, Follow DK Basu Guidelines

The Gujarat High Court recently recommended that the State government take initiatives to implement the guidelines issued by the Apex Court in the DK Basu v. State of West Bengal and to install CCTV cameras with night vision and maintain their records for 6 months to deal with police atrocities in the region.A Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt was hearing a...

Methanol Arises As A Result Of Chemical Reaction And Not As A By- Product, No Excise Duty Payable: Gujarat High Court

The Gujarat High Court bench of Justice J.B. Pardiwala (as then was) and Justice Nisha M. Thankore has held that methanol is not excisable as it is a result of a chemical reaction and not as a result of any by-product.The respondent-assessee, Reliance Industries, is in the business of manufacturing excisable goods like Motor Spirit, High Speed Diesel, LPG etc. It is the case of the...

"Any Achievement During My Tenure Is A Collective Decision & Credit Should Go To All Of Us": CJI Ramana

"Any achievement we got during my tenure as CJI is a collective decision and credit should go to all of us and not individuals" the Chief Justice of India NV Ramana said on Tuesday(May 9) while speaking at the farewell event organised for retiring judge Justice Vineet Saran.The farewell function for Justice Vineet Saran was organised by the Supreme Court Bar Association on Tuesday in...

Are We Here To Decide Who Built Taj Mahal?Tomorrow You Will Want To Go Inside Judges' Chambers : Allahabad High Court Pulls Up Petitioner

The Lucknow bench of the Allahabad High Court on Thursday pulled up a petitioner who sought a direction to the Archaeological Survey of India (ASI) to open the sealed doors of over 20 rooms inside the Taj Mahal premises. The petitioner Dr. Rajneesh Singh, who is the media in charge of the BJP's Ayodhya unit, claimed that false history about Taj Mahal was being taught and he wanted to do...

Rape Laws Should Be Gender Neutral, Steps Required To Be Taken By Legislature Or Executive: Justice Shakdher In Marital Rape Judgment

Justice Rajiv Shakdher of Delhi High Court, who ruled in favour of striking down the marital rape exception (exception 2 to Section 375 of the Indian Penal Code), acknowledges the need of having gender neutral rape laws while adding that the steps are required to be taken by the Legislature or Executive in this regard. Delivering a split verdict in pleas seeking criminalisation of marital...

Right To Be Considered For Promotion Is A Fundamental Right, Right To Promotion Is Not: Gauhati High Court Reiterates

While reiterating that the right to promotion is not a Fundamental Right, the Gauhati High Court has recently dismissed a petition filed by a Graduate Teacher challenging the vires of Rule 14(2) of the Assam Secondary Education (Provincialisation) Service Rules, 2003 on grounds that she was not promoted to the position of the headmistress. A division bench of Chief Justice...