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5 Reasons Why Striking Down Marital Rape Exception Will Not Create A New Offence : Justice Rajiv Shakdher Explains
Delivering a split verdict while disposing of a bunch of pleas seeking criminalisation of marital rape, Justice Rajiv Shakdher of Delhi High Court, who ruled in favour of striking down the marital rape exception, has observed that striking down the marital rape exception would not result in creation of a new offence.The judge was responding to the respondents' argument that the striking down...
Bonafide Mistake In Selection Of Wrong ODC Vehicle Type While Generating E-Way Bill: Gujarat High Court Quashes Detention Order
The Gujarat High Court has quashed the detention order as there was a bonafide mistake in the selection of the wrong ODC vehicle type while generating the e-way bill.The division bench of Justice J.B. Pardiwala (as then was) and Justice Nisha M. Thakore observed that the goods were in transit with all the necessary documents, including the E-way bill generated from the GST portal....
A Convicted Prisoner Has No Fundamental Or Statutory Right To Be Released Prematurely: Madras High Court
The Madras High Court has reiterated that a convicted prisoner has no fundamental or statutory right to be released prematurely. The court was considering a petition filed by the mother of a life convict Hariharan challenging the Government order rejecting his premature release. The bench of Justice P.N Prakash and Justice A. A Nakkiran observed that once material is shown to exist,...
Confiscation Of Goods By The Customs Dept. For More Than Two Years Without Any Fault Of Assessee: CESTAT Waives Of Detention And Demurrage Charges
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) and C.J. Mathew (Technical Member) held that as the goods were lying under seizure and subsequent confiscation by the Customs Department for more than two years, for no fault of the appellant/assessee, a grant of waiver of detention and demurrage charges...
Sufficiency Of The Correctness Of Material Is Not To Be Considered While Issuing Reassessment Notice: Delhi High Court
The Delhi High Court held that the court was only required to see whether there was prima facie some material on the basis of which the department could reopen the assessment. The sufficiency of the correctness of the material cannot be considered while issuing the reassessment notice. The division bench of Justice Manmohan and Justice Dinesh Kumar Sharma observed that the courts...
Orissa High Court Directs State To Pay Rupees 10 Lakhs Compensation To Parents Of Boy Who Died By Falling In Drain During School Hours
The Orissa High Court has ordered compensation of rupees ten lakhs to parents of a boy who died by falling into a drain during school hours. A Single Judge Bench of Justice Arindam Sinha observed, "The students coming from rural background were used to defecate in the open. In spite of toilet being available in the school premises, the teacher allowed the students to go outside...
Telangana Govt. Notifies One-Time Settlement Scheme For Pending Tax Cases
The Telangana government has introduced the Telangana State One-Time Settlement Scheme 2022 to realise the locked up revenue. As per the Commissioner of Commercial Taxes, Telangana, Hyderabad, there is an arrear amount of around Rs. 3000 crores pending in various stages of litigation and that the amount is not readily recoverable. The state government has introduced a...
Rajasthan HC Issues Notice In Plea Challenging Vires of Age Restriction of 50 Years Under Tribunals Reforms Act, 2021 For Appointment of Chairperson(s)/ Member(s)
The Rajasthan High Court has issued notice in a plea challenging vires of age restriction of 50 years prescribed by proviso to Section 3 (1) of Tribunals Reforms Act, 2021 for appointment of Chairperson(s) or Member(s) of the Tribunals. The plea has been filed by one Jaipur based advocate Rekha Madnani, who claims to have put in more than 20 years of professional practice and is thus alleged...
GSTN Issues Advisory On Reporting 6% Rate In GSTR-1
The Goods and Service Tax Network (GSTN) has issued an advisory on reporting 6% rate in GSTR-1.On some commodities, a new 6% IGST or 3% CGST, and 3% SGST tax rate has been implemented. The GST interface is being updated to accommodate a 6% rate in GSTR-1. As a temporary measure, taxpayers who have to report goods at this rate may do so by reporting the entries in the 5% heading and...
Supreme Court Sets July 25 Deadline For Allahabad HC To Decide 350 Bail Applications Of Convicts Serving Sentence For Over 10 Years
The Supreme Court, on Monday, urged the Allahabad High Court to take up 350 bail applications of convicts incarcerated for 10 years or more pending before it as on 22.04.2022, in one go and decide them by 25th July. Considering the urgency in adjudication of the bail applications, a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh stated that if required the matters can...
Order XXVI Rule 11 CPC - Commissioner's Report Non-Adjudicatory In Nature ; Only An Opinion or Noting : Supreme Court
The Supreme Court observed that a court appointed commissioner's report is only an opinion or noting and are 'non-adjudicatory in nature'.The parties can contest an expert opinion/commissioner's report, and the court, after hearing objections, can determine whether or not it should rely upon such an expert opinion/commissioner's report, the bench of Justices Sanjiv Khanna and Bela M....