Gun Problem | 'Look At How USA Is Suffering' : Supreme Court Asks States To Examine Socio-Economic Reasons Behind Demand For Illegal Arms

The Supreme Court, on Tuesday(May 16), asked the State Governments and Union Territories to file their response in the suo motu case registered by it to curb the large number of possession and use of unlicensed firearms in the country.A Bench comprising Justice KM Joseph and Justice BV Nagarathna was apprised that States of Manipur and Nagaland are yet to be served in the matter. Considering...

Definition Of 'Consumer' Includes 'Consumers'; Joint Complaint By Multiple Consumers Need Not Be Filed In Representative Capacity : Supreme Court

The Supreme Court has held that when a few consumers who have the same interest seeking the same relief file a joint complaint without any larger public interest involved, it need not be filed in a representative capacity in compliance with Order 1 Rule 8 CPC of the Code of Civil Procedure as required under Section 13(6) of the Consumer Protection Act.In the matter at hand, an association...

'The Kerala Story' Movie Based On Manipulated Facts, Contains Hate Speech : West Bengal Govt Tells Supreme Court

Defending the ban imposed on the controversial movie "The Kerala Story", the State of West Bengal told the Supreme Court in its affidavit that the film is based on “manipulated facts and contains hate speech in multiple scenes that may hurt communal sentiments and cause disharmony between the communities”.The State Government said that it took the decision to ban the public exhibition of...

Department Should Not Have Invoked The Extended Time Period For Issuance Of Second Show Cause Notice Demanding Service Tax: CESTAT

The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the second show cause notice should have been for a normal period of demand and the department should not have invoked the extended time period for demanding service tax.The bench of C.L. Mahar (technical member) has observed that a show cause notice has been issued on March 20, 2009,...

Supreme Court Collegium Skips Over Allahabad HC CJ To Pick Andhra HC CJ for SC Judgeship

While making its recent recommendation for Supreme Court judgeship, the top court’s collegium – headed by Chief Justice DY Chandrachud – has skipped over the Allahabad High Court’s chief justice, Pritinker Diwaker, who is ahead of the top court’s nominee, Chief Justice Prashant Kumar Mishra, in terms of seniority. Both judges were originally appointed to the Chhattisgarh...

Penal Provision Of Central Excise Rules, 1944 Cannot Be Invoked Against The Accountant: CESTAT

The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that the penal provision of Rule 209 A of the Central Excise Rules, 1944, cannot be invoked against a person who is only involved in maintaining the accounts of the company.The bench of C.L. Mahar (technical member) has observed that as per Rule 209 A, the person who is to be penalized under...

Supreme Court Refuses To Refer 'Vijay Madanlal Choudhary' Judgment, Which Upheld PMLA Provisions, To Larger Bench

A two-judge bench of the Supreme Court has turned down a plea to refer the judgment in Vijay Madanlal Choudhary vs Union of India, which upheld several provisions of the Prevention of Money Laundering Act 2002, to a larger bench.The plea for larger-bench reference was raised on behalf of the accused in the Tamil Nadu cash-for-jobs scam before a bench comprising Justices Krishna Murari and...

Hindu Worshippers' Plea For ASI Survey Of Gyanvapi Premises: Varanasi Court Asks Mosque Committee To File Reply By May 19

The Varanasi District Court today granted 3 day time (till May 19) to the Anjuman Islamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) to file their reply/objection, if any, on an application filed by 4 Hindu women worshippers seeking a survey of the entire Gyanvapi mosque premises by the Archaeological Survey of India (ASI) to find out as to whether the Mosque had...

Refund Cannot Be Denied To Any Person Who Has Borne The Incidence Of Tax: CESTAT

The Delhi Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that a refund cannot be denied to any person who has borne the incidence of tax.The bench of Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) has observed that Rajasthan Housing Board (RHB) has also deducted the service tax payable by them by reverse charge mechanism from...

Supreme Court Dismisses Review Petitions Filed Against Judgment Upholding EWS Quota

The Supreme Court has dismissed the review petition filed against the Constitution Bench judgment which upheld the validity of the 103rd Constitutional Amendment which introduced 10% reservation for Economically Weaker Sections (EWS) in education and public employment.A 5 judge bench comprising Chief Justice of India DY Chandrachud, Justice Dinesh Maheshwari, Justice S Ravindra Bhat, Justice...

CESTAT Appeal Abates From The Date Of Approval Of The Resolution Plan By The NCLT: CESTAT

The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that from the date of approval of the resolution plan by the National Company Law Appellate Tribunal (NCLT), the appeal filed by the applicant has abated, and CESTAT has become functus officio in the matters relating to the appeal filed by Jet Airways.The bench of S.K. Mohanty (Judicial Member) and...

CBDT Notifies Income Tax Exemption To FSSAI

The Central Board of Direct Taxes (CBDT) has notified the income tax exemption to Food Safety and Standards Authority of India (FSSAI) under clause (46) of section 10 of the Income-tax Act, 1961.The Food Safety and Standards Authority of India is an Authority established by the Ministry of Health and Family Welfare, Government of India.The CBDT has exempted various incomes of...