GST Refund To Be Granted To The Entity Who Borne The Tax Burden: Gujarat High Court Allows GST Refund To Service Recipient

The Gujarat High Court bench of Justice J.B.Pardiwala and Justice Nisha M.Thakore has held that, as per Section 54 of the CGST Act, a claim of refund may be made directly by the recipient if he has borne the burden of tax.The writ applicant is a practising advocate in the High Court. The writ applicant entered into an agreement with the respondent, Navratna Organisers & Developers...

Breaking| Kedar Nath Good Precedent, No Need To Reconsider Sedition Law On The Ground Of Individual Instances Of Misuse: Centre To Supreme Court

Solicitor General of India Tushar Mehta has asserted before the Supreme Court that the judgement in Kedar Nath Singh vs State of Bihar is a good precedent and that it requires no consideration. He has also submitted that isolated instances of misuse cannot be a ground to uproot the precedent that has withstood the test of time for over six decades. The written submission came in a batch...

Not Offence U/S 505(2) IPC: Bombay High Court Quashes FIR Against Journalist For Reporting On Differences Between Police Departments In Solapur

Publishing news reports about friction between police officers from different departments doesn't amount to creating ill-will among classes as defined under section 505(2) of the IPC. "If we will say that any news article pertaining to two Sections of any Department will fall within the purview of Section 505(2) of the Indian Penal Code, in that case, we are interpreting the...

Former Honorary Secretary Murari Tiwari Elected Chairman Of The Delhi Bar Council

The Delhi Bar Council yesterday unanimously elected Former Honorary Secretary Murari Tiwari as the new Chairman of Delhi Bar Council. He will stay the Chairman till the next election of the council. The Apex bar body of the Delhi is has still not notified the same on its official website. Tiwari was earlier elected as Hony. Secretary of the Bar Council for two terms in 2010 and 2012....

In PMLA Cases, Courts Cannot Proceed On The Basis Of Preponderance Of Probabilities: Supreme Court

The Supreme Court has observed that in cases of PMLA, Court cannot proceed on the basis of preponderance of probabilities. It was also observed that it is incumbent upon the Court to look into the allegation and the material collected in support thereto and to find out whether the prima facie offence is made out. The Top Court had rendered this observation while considering a...

Madhya Pradesh High Court Monthly Digest: April 2022 [Citations 91 - 131]

Urmila sen and anr. V. The state of madhya pradesh and anr. 2022 LiveLaw (MP) 91 Jagdish arora and anr v. Union of India 2022 LiveLaw (MP) 92 Dadhibal Prasad Jaiswal V Smt. Sunita Jaiswal 2022 LiveLaw (MP) 93 Smt. Farha @ Premlata and ors v Indore Municipal Corporation and ors. 2022 LiveLaw (MP) 94 DR. SURYA TIWARI v. THE STATE OF MADHYA PRADESH AND ORS. 2022 LiveLaw...

Pending Litigations Between Parties Can't Be Sole Ground To Quash Criminal Proceedings U/S 482 CrPC: Jharkhand High Court

The Jharkhand High Court has held that merely because there is a case and a counter case between the parties or merely because there has been a title suit amongst the parties, the same is not sufficient to quash the criminal proceedings instituted by one of them against the other. Justice Anubha Rawat Choudhary referred to the judgment of the State of Haryana and Ors. Vs. Bhajan Lal and...

Senior Designation: Last Date For Applications Extended After SC's Order For Allocation Of One Mark Each For Every Year Of Practice From 10 to 20 Years

In view of Supreme Court's recent order directing High Courts to allocate one mark each for every year of practice between 10 years to 20 years to those who have applied for the senior designation, an extension has been notified for submissions of applications seeking conferment of senior designation Earlier, 10 marks flat were allocated to counsels who have put in 10-20 years...

"Incumbent Upon Govt Servants To Promptly Comply With Judicial Orders": Andhra Pradesh HC Sentences 3 IAS Officers To One Month Jail For Contempt

The Andhra Pradesh High Court recently sentenced 3 IAS officers to one month jail for contempt of court while observing that it is incumbent on Government servants to ensure that the orders of this Court are complied with promptitude. The observation came from Justice Battu Devanand: "The contempt case is allowed and the contemnors are sentenced to undergo simple imprisonment for...

Tajinder Bagga Arrest Row: Punjab And Haryana High Court Adjourns Hearing Till May 10 In Punjab Govt's Habeas Plea

The Punjab and Haryana High Court today adjourned the hearing till May 10 in the Punjab Government's habeas corpus plea for the release of its officials from the alleged illegal custody of the Haryana Police.The hearing was adjourned after Mr. Satya Pal Jain, the Assistant Solicitor General of India, sought more time to file a reply in the matter. Adjourning the matter, the Bench of...

"A lawyer whom I would admire, is not the one who would make money, but the one who would have served public causes" : Arun Shourie

Former Union Minister and Veteran Journalist Arun Shourie converses with Yash Johri and Parvati Nambiar discussing his book 'The Commissioner for lost causes'. Shourie candidly talks on the need for better implementation of judgments, the need for a legal body looking into sedition charges, and on what makes an admirable lawyer. He also reminisces about his days as a journalist and...

Unregistered Sale Agreement May Be Received As Evidence Of Contract In Suit For Specific Performance: Madras High Court

The Madras High Court bench of Justice Anand Venkatesh recently observed that an unregistered agreement for sale may be received as evidence for considering the relief of specific performance. It was of the view that the inadmissibility of the unregistered document will only be with respect to the protection sought under Section 53-A of the Transfer of Property Act. Even though the...