Suppressed Material Facts With Intention To Abuse Judicial Process: Madras High Court Imposes Rs.25000 Cost On Lawyer For Frivolous Litigation

The Madras High Court recently directed a lawyer, appearing for the petitioner to deposit Rs. 25,000 as exemplary costs in favour of the Bar Council of Tamil Nadu and Puducherry finding that the petitioner had come to the court with unclean hands merely to abuse the judicial process of law. Justice P. Velmurugan made the above orders after observing that the petitioner had submitted...

Andhra Pradesh High Court Stays The Operation Of The Confiscation Notice Under GST

The Andhra Pradesh High Court bench of Justice A.V. Sesha Sai and Justice Ravi Nath Tilhari has stayed the operation of the Confiscation Notice issued under Section 130 of the CGST Act, 2017 on the ground that, with effect from January 01, 2022, the non-obstante clause has been removed from Section 130.The Finance Act, 2022 amended Section 130 of the CGST Act to delink...

Reliance Industries Entitled To Avail CENVAT Credit On Service Tax Paid On Insurance Premium For Employees Opting For Voluntary Separation Scheme: CESTAT

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) headed by Justice Dilip Gupta (President), Ajay Sharma (Judicial Member) and C.J. Mathew (Technical Member) has held that Reliance Industries is entitled to avail CENVAT credit on the service tax paid on insurance premium for employees who had opted for the "Voluntary Separation Scheme" (VSS).The...

Refusal To Supply Documents On Detention Is A Violation Of Detenue's Constitutional Rights: J&K High Court

The Jammu and Kashmir High Court recently released a detained person while observing that it is necessary to supply documents related to detention to the detenues while adding that refusing such documents and thereby keeping them in the dark was illegal and a violation of their constitutional right. The observation came from Justice Rajnesh Oswal: "It is only after the petitioner...

Varanasi Court Orders Continuation Of Survey Of Gyanvapi Mosque Premises, Court Commissioner Not To Be Removed

A local court in Varanasi today ordered that survey work will continue to take place in the Gyanvapi mosque-Kashivishvanath temple premises and the commissioner, appointed earlier by the Court, will not be removed.The Court has appointed 2 more lawyers as commissioners to accompany Court commissioner Ajay Mishra for the survey and further, it has been ordered the Commission to submit a report...

Police Atrocities| Gujarat High Court Urges State To Install CCTV Cameras, Follow DK Basu Guidelines

The Gujarat High Court recently recommended that the State government take initiatives to implement the guidelines issued by the Apex Court in the DK Basu v. State of West Bengal and to install CCTV cameras with night vision and maintain their records for 6 months to deal with police atrocities in the region.A Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt was hearing a...

Methanol Arises As A Result Of Chemical Reaction And Not As A By- Product, No Excise Duty Payable: Gujarat High Court

The Gujarat High Court bench of Justice J.B. Pardiwala (as then was) and Justice Nisha M. Thankore has held that methanol is not excisable as it is a result of a chemical reaction and not as a result of any by-product.The respondent-assessee, Reliance Industries, is in the business of manufacturing excisable goods like Motor Spirit, High Speed Diesel, LPG etc. It is the case of the...

Right To Be Considered For Promotion Is A Fundamental Right, Right To Promotion Is Not: Gauhati High Court Reiterates

While reiterating that the right to promotion is not a Fundamental Right, the Gauhati High Court has recently dismissed a petition filed by a Graduate Teacher challenging the vires of Rule 14(2) of the Assam Secondary Education (Provincialisation) Service Rules, 2003 on grounds that she was not promoted to the position of the headmistress. A division bench of Chief Justice...

Can't Withhold Pensionary Benefits In The Absence Of Departmental Proceedings Even If Employee Was Not Qualified When Appointed: Gauhati High Court

The Gauhati High Court recently directed a Secondary Education Department to process the pensionary benefits of a person who was denied the same on the ground that he did not have the necessary qualification at the time of appointment. Justice Achintya Malla Bujor Barua observed that there was no departmental enquiry into the same during his tenure and that the cause of action of...

Karnataka High Court Extends Stay On ED Seizure Order, Permits Xiaomi India To Avail Overdraft Facility For Payments Except Royalty

The Karnataka High Court on Thursday extended its earlier interim order staying the order issued by the Enforcement Directorate dated April 29, by which it had seized Rs.5551.27 crores from M/s Xiaomi Technology India Pvt Ltd under the provisions of the Foreign Exchange Management Act,1999 (FEMA). A single-judge bench of Justice S Sunil Dutt Yadav clarified that in the meantime,...

Patna HC Directs State Govt To Remove All Members, Including The Chairman Of Bihar Pharmacy Council From Their Posts

The Patna High Court has directed the state government to remove all the members, including the chairman of Bihar Pharmacy Council from their post, in a case in which the Registrar of Bihar Pharmacy Council was continuing to work even after retiring. While hearing the PIL filed by petitioner Uma Shankar Sharma, A division bench of Chief Justice Sanjay Karol and Justice S Kumar...

Delhi High Court Allows Constitution Of Confidentiality Club Comprising The Counsels-On-Record For Both Parties And One Authorised Representative Of The Respondent

The Delhi High Court recently in a matter allowed the constitution of a confidentiality club and directed whatever information is revealed in it, will be used by the respondent only for the purpose of progressing this case. The order was passed by a division bench of Justice Rajiv Shakdher and Justice Poonam A. Bamba: "In the meanwhile, counsel for the parties are agreed that they...