Service Tax Cannot Be Levied On Reimbursement Of Expenses Incurred By The Service Provider: Reiterates CESTAT Delhi

The Delhi Bench of CESTAT has reiterated that service tax cannot be levied on reimbursement of expenses incurred by the service provider. The Bench, consisting of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member), held that since Rule 5 of the Service Tax (Determination of Value) Rules, 2006 has been held to be ultra vires by the Supreme Court in the case of Union...

Delhi High Court Restrains Youtube Channel "Bear & Bulls Capitals" From Posting Defamatory Material Against "Booming Bulls Academy"

The Delhi High Court has restrained a YouTube channel "Bear & Bulls Capitals" from posting any defamatory or derogatory material against another channel "Booming Bulls Academy", in any manner on any media platform till November 28th, 2022. Justice Amit Bansal was dealing with a suit filed by Anish Singh Thakur, the proprietor of "Booming Bulls Academy" which runs an academy that...

Can 'Arya Samaj Vivah Mandir Trust' Solemnize Marriage Between Hindu Boy & Muslim Girl?: Madhya Pradesh HC To Examine

The Madhya Pradesh High Court is set to examine the question as to whether a self-styled Trust allegedly registered as Arya Samaj Vivah Mandir Trust can solemnize marriage between a Hindu boy and a Muslim girl.Hearing the writ petition filed in the nature of habeas corpus, a division bench of Justice Rohit Arya and Justice M.R. Phadke raised the following queries and appointed an Advocate of...

Justifiable Doubts Regarding The Independence Of Empanelled Arbitrators Would Always Exist: Meghalaya High Court

The High Court of Meghalaya has held that if a contractor/ tenderer does not accept the names of the possible arbitrators that are listed on the panel prepared by the tenderee, the panel cannot be enforced since there would always be justifiable doubts regarding the independence or impartiality of the empanelled arbitrators. The Single Bench of Chief Justice Sanjib Banerjee held that...

Experience Of Guiding Doctoral Research Sufficient For Promotion Of Lecturer, Conferment Of PhD Degree On Research Student Not Necessary: Jharkhand HC

The Jharkhand High Court has held that the issuance of PhD degree to a research student is not a requisite condition for promotion of his Lecturer or Reader to the post of University Professor. A single judge bench of Justice Anubha Rawat Choudhary observed the "experience of guiding research at doctoral level", which may or may not lead up to the student being awarded a PhD degree,...

It Is Not An Error Of Judgment But Breach In Duty Of Care From Doctors, Who Treated The Patient; NCDRC Awards Compensation

The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, the treating doctors failed in their duties to act with reasonable degree of skill and knowledge. They have not exercised a reasonable degree of care to handle the emergency by adopting basics of ABC of trauma. Commission stated that, the State Commission erred...

'Momentary Lapse, Can't Affect Future Perversely': Delhi HC Grants Relief To NIFT Aspirant Who Inadvertently Disclosed Identity In Entrance Exam

The Delhi High Court has observed that a momentary lapse on the part of the candidate must not be met with such a severe punitive action which would cause grave and irreparable prejudice and affect the candidate's future perversely.Justice Sanjeev Narula granted relief to a candidate namely Samriddhi Khandelwal by directing National Institute of Fashion Technology (NIFT) to allow her to join...

'Would Unsettle The Settled Things': Gujarat High Court Dismisses Plea For Removing Alleged Encroachments On Public Land Citing Inordinate Delay

The Gujarat High Court recently dismissed a PIL filed by a freelance reporter and RTI activist, seeking removal of alleged encroachments on plots reserved for developing public gardens, citing inordinate delay in approaching the Court. The Bench comprising Chief Justice Aravind Kumar and Justice Ashutosh Shastri observed that the petition came to be filed 16-19 years after the allotment of...

Allahabad High Court Transfers 619 Judicial Officers Including Varanasi Judge Who Ordered Survey Inside Gyanvapi Mosque

The Allahabad High Court on Monday transferred a total of 619 judicial officers posted in different districts of the state. All the transferred judicial officers have been asked to hand over charge at their present place of posting on July 04th, 2022.In total 619 Judicial officers have been transferred including 213 Civil Judges (Junior Division) cadre, 285 Additional District &...

Architect Can't Be Prosecuted U/S 304A IPC For Death Of Construction Worker In On-Site Accident: Karnataka High Court

The Karnataka High Court recently quashed criminal proceedings pending against an Architect, observing that it would be too far to stretch Section 304A of the IPC to contend that a person who had designed the house is responsible for death of a worker while undertaking construction under a contractor.Section 304A penalises causing death by negligence. A single judge bench of...

Punjab & Haryana HC Denies Anticipatory Bail To Father Allegedly Conniving With Son Who Married Multiple Times Without Divorcing Disabled Spouse

The Punjab and Haryana High Court while denying anticipatory bail to the father in a case where he was allegedly acting in connivance with his son who solemnized various marriages without getting divorce from his disabled spouse, held that in view of the seriousness of the allegation and to unravel the truth, the custodial interrogation of the petitioner is necessary. Thus, in view of...

'They Were Living Separately': Gujarat High Court Grants Anticipatory Bail To Police Personnel & His Wife Accused Of Harassing Daughter-in-Law

The Gujarat High Court has recently granted anticipatory bail to a public servant employed in the Police force and his wife, in a case of dowry harassment initiated at the instance of their daughter in law.Justice Nikhil S Kariel observed that merely because the accused father-in-law is in Police is no ground to deny him anticipatory bail and adequate conditions can be imposed to...