News Updates
Merely Seeing Accused In The Company Of A Member Of A Terrorist Organization Does Not Attract UAPA: J&K&L High Court Grants Bail
The Jammu and Kashmir and Ladakh High Court recently allowed bail to a man who was booked under Unlawful Activities (Prevention) Act, 1967, merely because he was seen in the company of a member of a terrorist organization. While granting bail, the Court observed that merely seeing him with a member of a terrorist organization is not enough to attract UAPA charges. "It is, thus,...
"Facts Of Case Shocking, Inhuman": Allahabad High Court Denies Bail To Man Accused Of Raping His 11-Yr-Old Daughter
The Allahabad High Court earlier this month denied bail to a man who has been accused of raping his 11-year-old daughter. The Court noted that the victim had supported the prosecution version in her statement recorded under Section 164 CrPC.Calling the facts of the case 'shocking', the Bench of Justice Saurabh Shyam Shamshery observed thus:"The facts of the case are not only shocking but...
Rajgarh Temple Demolition: Rajasthan High Court Extends Interim Protection For Arnab Goswami, Seeks State's Response Within 4 Weeks
The Rajasthan High Court has extended the interim protection from arrest granted to news anchor Arnab Goswami in an FIR registered against him regarding broadcast of certain news on Republic Bharat regarding alleged temple demolition in Rajgarh. The court granted four weeks time to the Public Prosecutor to file a reply.Essentially, the FIR was registered at Ambamata Police Station, Udaipur...
Defendant In A Plaint Cannot Insist That Plaintiff Should Sue A Third Party: Delhi High Court
The Delhi High Court has observed that a defendant in a plaint cannot insist that the plaintiff should sue a third party, adding that he can only defend the plaint qua the allegations against him. Justice C Hari Shankar added that the defendant cannot insist that the plaintiff should sue a party whom the plaintiff has not chosen to sue. The Court added that if the plaintiff fails to sue...
Sale Of Second Hand 'Paintings' Attracts 12% GST: Maharashtra AAR
The Maharashtra Authority of Advance Ruling (AAR) consisting of Rajiv Magoo and T.R. Ramnani has ruled that the 12% GST is payable on the sale of second-hand paintings. The applicant, M/s. Saffron Art Private Limited, is in the business of procuring paintings on an approval basis from unregistered and registered persons and selling them by auction to the highest bidder. The...
Hate Speech Case : Former Kerala MLA PC George Remanded To 14 Days Judicial Custody
A Magistrate Court in Thiruvananthapuram, Kerala, on Thursday remanded former MLA PC George to 14 days judiical custody in a case related to alleged anti-Muslim hate speech. Following that, he was taken to the Poojappura Central Jail.The prosecution said that they will seek his custody and the Court will consider the plea on May 30.The Court had yesterday cancelled the bail granted to George...
Air Circulation Fans Supplied To Poultry House For Providing Ventilation To Livestock Attracts 18% GST: Gujarat AAR
The Gujarat Authority of Advance Ruling (AAR)consisting of Arun Richard and Atul Mehta has ruled that the 18% GST is payable on air circulation fans supplied to poultry houses for the purpose of providing ventilation to livestock. The applicant, M/s. Star Enterprise is in the business of supplying air circulation fans mainly to poultry houses for the purpose of providing ventilation...
CESTAT Allows Cenvat Credit On Insurance Services
The Ahmedabad Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) has allowed the Cenvat credit on insurance services. The appellant/assessee has raised the issue of whether the appellant is entitled to Cenvat credit in respect of input services. Construction services; fee for architectural and structural works for...
Storage Of Goods Outside The SEZ Area Doesn't Automatically Confer Power On DRI Officers Under The Customs Act: Andhra Pradesh High Court
The Andhra Pradesh High Court has ruled that the Customs authorities (Directorate General of Revenue Intelligence (DRI)) have no power or jurisdiction to inspect or seize goods in respect of units situated in the Special Economic Zone (SEZ) area for a violation under the Customs Act, 1962 committed prior to 2016. The Bench, consisting of Justices C. Praveen Kumar and V. Sujatha, held...
Article 1 Of Limitation Act,1963 Will Not Apply To Proceedings Under Insolvency And Bankruptcy Code, 2016: NCLAT
National Company Law Appellate Tribunal (NCLAT) Principal Bench comprising of Justice Ashok Bhushan and Dr. Alok Srivastava in the case of S M Ghogbhai versus Schedulers Logistics India Pvt. Ltd. held that the Article 1 of Limitation Act, 1963 is not applicable to the Petition filed by the Operational Creditor under Section 9 of the Insolvency and...
Salary During Notice Period Does Not Fall Within The Definition Of 'Operational Debt' Under IBC: NCLT, Mumbai
The NCLT, Mumbai Bench comprising of Justice H.V. Subba Rao, Judicial Member and Chandra Bhan Singh, Technical Member in the case of Sandesh Naik v. MT Educare Limited held that salary for purported notice period amounts to specific performance of the appointment letter and does not fall within the definition of 'Operational Debt' as the same was not salary for the actual work done by...
Art 226 | Overriding Of Statutory Provisions Under Guise Of Plenary Jurisdiction Amounts To Transgression Of Well Defined Limits: Calcutta HC
The Calcutta High Court has recently set aside an order vide which a school Headmistress was instructed to vacate her post and also demoted to the post of an assistant teacher by observing that Courts must exercise self-restraint in exercise of plenary powers and not pass an order in disregard to applicable statutory Rules. A Bench comprising Justice Harish Tandon and Justice Rabindranath...