Bank Can't Attach Customer's PPF Account For Settlement Of His Debt/ Liability: Gujarat High Court

The Gujarat High Court recently reiterated the settled proposition of law that the amount of Public Provident Fund account shall not be liable to any attachment in respect of any debt or liability incurred by the account holder.The Bench comprising Justice AS Supehia was hearing the case of a Petitioner who had invested Hindu Undivided Family's money under Centre's Public...

IBC Cases Weekly Round Up: 20 June To 26 June, 2022

NCLAT NCLAT Stays The Constitution Of COC In The CIRP Of Bombay Rayon Fashions Ltd. Case Title: Prashant Agarwal v Vikash Parasprampuria Case No.: Company Appeal (AT) (Ins.) No. 690 of 2022 The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Kanthi Narahari (Technical Member), has stayed...

Kashmiri Pandits' Body Approaches High Court Seeking Relocation From Valley, Says Govt Failed To Protect Lives Of Religious Minorities

The Kashmiri Pandit Sangarash Samiti (KPSS), an organisation of Kashmiri Pandits, has moved a letter petition before the Jammu and Kashmir and Ladakh High Court, stating that the religious minorities in the valley are under direct threat from terrorists and must be relocated to safer locations outside.The KPSS is a group of 808 families living in 272 villages of Kashmir which...

Short Payment Of Excise Duty Is Not Sufficient To Invoke The Extended Period: CESTAT

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ajay Sharma (Judicial Member) has held that a short payment of excise duty is not sufficient in order to invoke the extended period.The appellant/assessee is in the business of manufacturing colour TVs, LCDs, LEDs, washing machines, split air conditioners, and their spare parts. The...

BREAKING| Can Anticipatory Bail Plea Of Accused Who Went Abroad After Registration of Crime Be Entertained? Kerala HC Doubts "Vijay Babu" Judgment

The bench of Justice P.V Kunhikrishnan of the Kerala High Court today differed from the law laid down by the High Court's coordinate bench last week wherein it was held that Section 438 of the Code of Criminal Procedure has no restrictive mandate that a person outside India cannot file an application seeking anticipatory bail.It may be noted that while granting anticipatory bail to...

Bombay High Court Dismisses Plea Challenging PoP Ban For Sculpting Idols

The Bombay High Court on Monday dismissed a PIL challenging the ban on use of Plaster of Paris (POP) for making Ganesh idols. PIL petitioner Ajay Vaishampayan, an activist, had claimed that PoP was banned without any scientific tests on its effect on water. And Shadu clay idols, used as an alternate option, were more harmful for the environment. However, a division bench of...

Scrap Generated After The Process Of Manufacture Is Not Includible In Assessable Value Of The goods Cleared By The Job Worker: CESTAT

The Chennai Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the scrap is generated after the process of manufacture and the same is not includible in the assessable value of the goods cleared by the job worker to the principal manufacturer.The appellants/assessee are engaged in the manufacture of tractor parts and components on a job work basis for...

Post Against Sharad Pawar: Maharashtra Police Tells Bombay High Court It Won't Arrest Ketaki Chitale In Remaining FIRs

In a relief for Marathi actress Ketaki Chitale, the Maharashtra Police informed the Bombay High Court that it will not be arresting her in 21 pending FIRs for sharing an advocate's derogatory post aimed against NCP Chief Sharad Pawar.A division bench of Justices Nitin Jamdar and NR Borkar accepted the statement and posted her quashing petition for further hearing on July 12, 2022.The actor...

TCS Collected Under Income Tax Act On Sale Of Goods Cannot Be Included In The Assessable Value For Charging Excise Duty: Ahmedabad CESTAT

The Ahmedabad Bench of CESTAT has ruled that the amount of TCS collected under theIncome Tax Act, 1961 on the sale of goods cannot be considered as an additional consideration flowing to the assessee from the buyer of the goods and, therefore, the TCS collected by the assessee cannot be included in the assessable value for charging Excise Duty. The Bench, consisting of Mr. Ramesh...

Writ Petition Not Maintainable If Alternative Statutory Remedy Was Available With The Taxpayer: Madras High Court Reiterates

The Madras High Court has reiterated that a writ petition is not maintainable if an alternative statutory remedy was available to the taxpayer. The single bench of Justice C. Saravanan has observed that there are a few exceptions to the rule of alternative remedy. Firstly, where the statutory authority has not acted in accordance with the provisions of the enactment in question....

"Every Day Of Freedom Matters": Delhi High Court Modifies Condition For Suspension Of Sentence To Personal Bond For Convict Unable To Furnish Surety

Granting relief to a woman convict, the Delhi High Court recently modified a suspension of sentence condition for deposit of surety bond to deposit of a personal bond instead, on account of her being unable to furnish the surety.Observing that every day of freedom matters, Justice Jasmeet Singh was of the view that the accused cannot be made to stay in jail for the reason that she could...

Courts Duty Bound To Consider All Contentions Raised By Parties While Deciding Bail Applications: Karnataka High Court

The Karnataka High Court has said that courts are bound to take into consideration all the contentions raised by the parties while hearing a bail petition filed before it and then pass an appropriate order. A single judge bench of Justice Mohammad Nawaz while granting bail to Nelson Raj and three other accused said, "When a bail petition is filed, the Court is bound to take...