News Updates
Procedure Relating To Sanction, Post-Audit And Review Of Refund Claims: CBIC Issues Guidelines
The Central Board of Indirect Tax and Customs (CBIC) has issued the procedure relating to sanction, post-audit, and review of refund claims. According to section 107 of the Central Goods and Services Tax Act, 2017, the commissioner may review any decision or order, including an order of refund, with respect to its legality or propriety. The commissioner may direct any officer...
Services Rendered Abroad Amounts to Export Of Services, No GST Applicable: Bombay High Court
The Bombay High Court has held that GST does not apply to the services rendered abroad as they amount to the export of services. The division bench of Justice S.V. Gangapurwala and Justice M.G. Sewlikar has allowed the GST refund to the petitioner/assessee as the department has failed to establish that the incidence of tax was passed on to the client amounted to unjust...
Motor Accident Death | Kerala High Court Lays Down 'Twin Conditions' To Claim Compensation In Plea Alleging Driver's Negligence
The Kerala High Court has held that in a claim under Section 166 of the Motor Vehicles Act, the petitioners must prove not only the negligence on the part of the driver or rider but also prove that the person alleged to have sustained injuries in a motor accident died in consequence of the accidental injuries. Justice A. Badharudeen added that it is the burden of the petitioners to...
"Fraud On Court": Bombay HC Sets Aside Consent Decree Granting Development Rights For 6K Acres Land In Kanjurmarg Village To Private Firm
The Bombay High Court on Wednesday granted relief to the Maharashtra government and set aside a consent decree by which a private firm obtained development rights, in October 2020, for over 6,000 acre of land in Kanjurmarg village, including the 102-acre land designated for a Metro car shed.In an interim application filed earlier this year, the State claimed that the private firm, Adarsh...
State Or Society Cannot Intrude In Individual's Decision On Suitability Of Partner: Karnataka High Court
The Karnataka High Court has observed that the decision of the suitability of partners to a marital tie rests exclusively with the individuals themselves. Neither the State nor the Society can intrude into that domain. A division bench of Justice B Veerappa and Justice K.S. HEMALEKHA while dismissing a habeas corpus petition filed by the father of a 19-year-old girl, who is said to...
Sympathy Or Compassion Has No Role In Matter Of Directing Or Not Directing Re-Evaluation Of Answer Sheets: Allahabad HC
The Allahabad High Court has observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of an answer sheets. The Bench of Justice Manju Rani Chauhan further observed that sympathy or compassion does not play any role in the matter of directing or not directing re-evaluation of answer sheet. The case in briefThe Uttar Pradesh...
Prophet Row | 'Maintain Communal Harmony': Calcutta High Court Reserves Order On Deployment Of Central Forces, NIA Probe Into Violent Protests
The Calcutta High Court on Wednesday reserved orders in a batch of Public Interest Litigation (PIL) petitions seeking deployment of central paramilitary forces in West Bengal amid the ongoing protests against offensive remarks made against Prophet Mohammed by former BJP spokespersons Nupur Sharma and Naveen Kumar Jindal. A probe by the National Investigation Agency (NIA) was also sought into...
Copyright In Artwork Subsists Till Death Of Author & 60 Yrs Thereafter: Gujarat High Court Grants Interim Injunction In Infringement Suit
The Gujarat High Court has held that as per Section 22 of the Copyright Act, 1957, copyright would subsist in the life time of the author and until 60 years from the beginning of calendar year next following the year in which the author dies.Thus, in a suit pertaining to infringement of artwork, Justice AP Thaker observed that it cannot be said that the copyright of the Plaintiff had come to...
Plea In Madras High Court Challenging Installation Of Former TN Chief Minister Karunanidhi's Statue Withdrawn
A public interest litigation filed recently before the Madras High Court against the installation of former Tamil Nadu Chief Minister M. Karunanidhi's statue was withdrawn on Tuesday. The petitioner, G. Karthick, had contended that one of the respondents, A Rajendran, in collusion with Government authorities, secured patta over and above the land owned by him in the given survey number and...
All High Courts Weekly Round-Up: June 6 - June 12, 2022
Allahabad High Court NOMINAL INDEX Bhavesh Jain v. State Of U.P. Thru. Prin. Secy. Lko. 2022 LiveLaw (AB) 279 Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow 2022 LiveLaw (AB) 280 Vijay Mishra v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another 2022 LiveLaw (AB) 281 Ram Pravesh And 3 Other v. State of U.P. and Another 2022 LiveLaw (AB) 282 Basharat...
NCLT Mumbai Initiates Insolvency Process Against Bombay Rayon Fashions Ltd.
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Mr. Kishore Vemulapalli (Judicial Member) and Mr. Rajesh Sharma (Technical Member), while adjudicating an application filed in Vikash Parasprampuria v Bombay Rayon Fashions Limited, has initiated Corporate Insolvency Resolution Process ("CIRP") against Bombay Rayon Fashions Ltd. The order was...
Refrain Approaching High Court Directly U/S 438 CrPC Before Exhausting Remedy Before Sessions Court, Unless Exceptional Circumstances: J&K&L HC
The Jammu and Kashmir and Ladakh High Court recently ruled that although Section 438 of the CrPC gives concurrent jurisdiction to High Court and Sessions Court to consider an anticipatory bail application of an accused yet, as a matter of ordinary practice, High Court does not entertain such applications unless the person apprehending arrest has exhausted the remedy before the Sessions...