Any Remuneration Received By A Partner Of A Partnership Firm Is Not Service: CESTAT Quashes Service Tax Demand

The Bangalore Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand on the grounds that any remuneration received by a partner of a partnership firm is not a service.The two-member bench of Ashok Jindal (Judicial Member) and C. J. Mathew (Technical Member) has ruled that the partner of a partnership firm is none other than the...

High Courts Can't Issue Directions For 'No Arrest' or 'No Coercive Action Till Final Report Filed' While Refusing To Quash Criminal Proceedings: SC Reiterates

On Monday, the Supreme Court set aside the order of the Allahabad High Court to the extent that without quashing the FIR in the petition filed under Article 226 of the Constitution of India read with Section 482 of the Criminal Procedure Code, 1973 ("Cr.P.C."), it had directed that the accused shall not be arrested till the final report is submitted. A Bench comprising Justices...

Bombay High Court (Maharashtra And Goa) Weekly Roundup: February 28 To March 6, 2022

NOMINAL INDEX Shashikala Surendra Ambade & Ors. Versus The State of Maharashtra & Ors Dr Anand Teltumbde vs National Investigation Agency Pavan Morarka Versus The Assistant Commissioner of Income Tax – 2(3), Mumbai Yohan Tengra vs State of Maharashtra Larsen & Toubro Limited Versus Girish Dave, Director of Income-tax (International Taxation) HDFC Bank...

'Sufficient Material Shown To Convict Appellant': Madhya Pradesh High Court Denies Bail To Man Convicted For Offences Under UAPA And Explosives Act

The High Court of Madhya Pradesh recently denied bail to the Appellant convicted for offences punishable under the Unlawful Activities (Prevention) Act, 1967 and the Explosive Substances Act, 1908, observing that the contentions put forth by the Appellant would have to be considered at the later stage of final hearing. The division bench of Chief Justice Ravi Malimath and...

Discretion Of Any Authority Cannot Be An Arbitrary Or Unregulated; To Be Exercised Fairly: Bombay High Court

The Bombay High Court recently considered the workings of the doctrine of pleasure, whereby authorities have a right to act as per their discretion. A bench of Justices S.V. Gangapurwala and S.G. Dige regarded that the doctrine of pleasure does not unable an authority to be arbitrary. The petitioner is appointed as a Part Time Chairman of Aurangabad Housing and...

Plea In Supreme Court Seeks To Collect Data On Link Between Pornography & Sexual Crimes

In the light of the alarming increase in cases of sexual assault and rape against women and innocent children in various parts of the country, a writ petition has been filed in Supreme Court seeking formulating a SOP by police to examine the impact of viewing of pornographic material while investigation of the said cases.Preferred by Nalin Kohli as petitioner in person, it has been argued in...

Delhi High Court Defers DHJS Examination, 2022; Grants Interim Relief In Plea Challenging Minimum Age Criteria 

Granting interim relief in a petition challenging the minimum age limit of 35 years for appearing in the Delhi Higher Judicial Services Exam (DHJS), 2022, the High Court on Friday deferred the said examination which was scheduled for 20th March by four weeks. A division bench headed by Justice Manmohan sought response of the High Court through its Registrar and Department of Law and Justice...

Town Planning Scheme Already Sanctioned For Public Purposes: Gujarat High Court Refuses To Quash The Scheme And Grant Compensation To Appellants

The Gujarat High Court has recently upheld, "with regard to the legality and effect of sanctioned Town Planning Scheme under the Bombay Town Planning Act as well as Gujarat Town Planning Act and this Court as well as Supreme Court has time and again held that once the Draft Scheme is sanctioned by the State Government it partakes the character of statute." Consequently, Justice AJ Desai...

Allow Ukraine-Returned Students To Complete Course In India : PIL In Supreme Court

In the backdrop of the ongoing Ukraine Russia conflict, a PIL has been filed before the Supreme Court of India seeking directions to accommodate the medical students returning from Ukraine and permit them to complete their education in Indian medical college with appropriate Indian or foreign degree as an emergency and one time measure. As an alternative relief, the petition has sought...

Allahabad High Court Seeks UP Govt's Reply On PIL Filed Over 'Poor Upkeep' Of Sandi Bird Sanctuary

The Allahabad High Court has sought the Uttar Pradesh Government's response on a Public Interest Litigation (PIL) plea expresing concern about the poor upkeep of a wild life sanctuary known as 'Sandi Bird Sanctuary', situated in Hardoi district.The Bench of Justice Devendra Kumar Upadhyaya and Justice Mohd. Faiz Alam Khan issued this order on a PIL plea moved by Inner Wheel Club D.O.D...

Allahabad HC Imposes ₹20K Cost On Dowry-Death Accused Who Approached Court With 'Unclean Hands' By Filing Successive Pleas

The Allahabad High Court recently imposed ₹20,000 Cost on a Dowry Death Accused after noting that she misused the process of law by filing successive applications before the Court suppressing the material facts and documents and had misled the Court.The Bench of Justice Sanjay Kumar Singh further stressed that honesty, fairness, purity of mind should be of the highest order to approach...

Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court

The Allahabad High Court has observed that the time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay.The Bench of Justice Manju Rani Chauhan observed thus as it dismissed a Writ Petition filed seeking a direction to...