News Updates
Non-Submission Of Certified Copy of GST Order Appealed Against Within 7 Days Is A Mere Technical Defect: Orissa High Court
The Orissa High Court has held that the non-submission of a certified copy of the GST order appealed against within 7 days is a mere technical defect. The division bench of Justice Krushna Ram Mohapatra and Justice Murahari Shri Raman has observed that on the altar of default in compliance of a procedural requirement, the merit of the matter on appeal cannot be sacrificed. "Since...
"Called Terrorist, Anti National": Sharjeel Imam Alleges Assault Inside Jail, Moves Delhi Court
Sharjeel Imam, presently in judicial custody in connection with the North East Delhi riots of 2020, has moved a city Court after alleging that he was assaulted and harassed inside jail and was called terrorist and anti national. An application was moved by Advocate Ahmed Ibrahim, Sharjeel's counsel, on Monday wherein it was disclosed that that on June 30, around 7:30 PM, the...
No Demand Of GST, Interest And Penalty Can Be Made In Form DRC-01A Without Issuance of Section 74(1) Notice: Madras High Court
While quashing the assessment order, the Madras High Court held that a demand for GST, interest, and penalty on Form DRC-01A cannot be made without the issuance of a notice under Section 74(1) of the CGST Act. The single bench of Justice M.Nirmal Kumar has observed that the department/respondent has not followed the procedure. After the issuance of notice on Form DRC-01A, the...
Calcutta High Court Weekly Round Up: June 27- July 3, 2022
Nominal Index Sri Daksh Singhal & Ors v. The State of West Bengal and Others 2022 LiveLaw (Cal) 258Ashok Jana v. The State of West Bengal & Ors 2022 LiveLaw (Cal) 259Dr. Kunal Saha v. West Bengal Medical Council (WBMC) and 2022 LiveLaw (Cal) 260Abdul Khalek Laskar & Anr v. Union of India & Ors 2022 LiveLaw (Cal) 261Orders/Judgments 1. 'Turns A Blind Eye To Merit': Calcutta...
Voluntary Statement Made Before The Revenue Authorities Cannot Substitute A Statutory Pre-Show Cause Consultation Notice: Delhi High Court
The Delhi High Court has reiterated that a voluntary statement made before the revenue authorities cannot substitute a statutory pre-show cause consultation notice, as contemplated under Rule 142(1A) of the CGST Rules, 2017, as it stood before 15.10.2020. The Division Bench of Justices Rajiv Shakdher and Tara Vitasta Ganju dismissed the contentions of the revenue department that...
Can CLAT-PG Test Ranking Be Used To Select NTPC Law Officers? Kerala High Court Reserves Judgment
The Kerala High Court on Monday heard the appeals filed against the decision of a Single Judge, which held that the condition mandating applicants to clear CLAT for applying for the post of Assistant Law Officer in the National Thermal Power Corporation Limited (NTPC) was violative of Article 16 of the Constitution of India. The appeals, moved by the NTPC and the writ petitioner...
No Suppression Of Facts, Show Cause Notice Based On Balance Sheet: Karnataka High Court
The Karnataka High Court bench of Justice P.S. Dinesh Kumar and Justice Anant Ramanath Hedge has held that the assessee is not liable for the suppression of facts as the show cause notice was issued on the basis of the disclosures made in the balance sheet.The respondent/assessee is in the business of manufacturing and clearing turbochargers, electric motors, transformers, etc....
Place Designated As The "Venue" Of Arbitration In Its Entirety, Is The "Seat" Of Arbitration: Bombay High Court
The Bombay High Court has reiterated that whenever a place is designated as the "venue" of the arbitration proceedings in its entirety in an Arbitration Clause, the said place would necessarily be the "seat" of the arbitral proceedings. The Single Bench of Justice G.S. Kulkarni held that such part of the Arbitration Agreement wherein the parties had agreed upon the venue...
Person Against Whom "LOC Of Intimation" Is Issued Can't Be Detained By Airport Authorities: Delhi High Court
The Delhi High Court has observed that when a look out circular (LOC) of intimation is issued against a person, the authorities at the airport or any other port cannot restrain or detain such person on the pretext that intimation of arrival or departure is required to be given to the originating agency.Justice Mukta Gupta observed that such an action would indirectly serve as a detentive...
Kangana Ranaut Pleads "Not Guilty" In Defamation Case Filed By Javed Akhtar
Over a year and a half after lyricist Javed Akhtar filed a criminal defamation case against Kangana Ranaut, the case is likely to proceed with the actor pleading "not guilty." On November 2, 2020 Javed Akhtar filed the private complaint before the Andheri Metropolitan Magistrate's court accusing Ranaut of defaming him by dragging his name in actor Sushant Singh Rajput's death in...
Gujarat High Court Weekly Round Up: June 27 - July 3, 2022
NOMINAL INDEX State Of Gujarat v. Nimeshbhai Vitthalbhai Gandhi 2022 LiveLaw (Guj) 243 Heir Of Niruben Chimanbhai Patel V/S State Of Gujarat 2022 LiveLaw (Guj) 244 State Of Gujarat - Thro' B.M Patel, Food Inspector V/S Naushadali Najarali Dhanani C/O Didar Traders & 1 Other(S) 2022 LiveLaw (Guj) 245 Rajnikant Punjalal Shah Karta Of Rajnikant Punjalal Shah V/S Manager, Bank...