News Updates
S. 7-B, Industrial Disputes Act | Government Is Not Mandated To Refer Matters Of National Importance To National Tribunal: Orissa High Court
The Orissa High Court has held that it is not mandatory for the Central Government to refer a matter of national importance to the National Industrial Tribunal for adjudication even if it satisfies the twin conditions mentioned under Section 7-B of the Industrial Disputes Act, 1947. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik...
Transition Of ITC cannot Be Denied Merely For Technical Difficulties: Madras High Court
The Madras High Court held that in case the department is unable to permit the filing of TRAN-1 belatedly, they have to credit the corresponding amount in the electronic cash register provided that the credit remained unutilized on the cut-off date.The single judge bench of Justice C. Saravanan observed that since the input tax credit is equivalent to cash meant to be used for...
Daughter In Law Can Claim Maintenance From Her Father In Law If She Inherited Some Estate From Her Husband: Delhi High Court
The Delhi High Court has observed that the daughter-in-law can claim maintenance from her father-in-law provided she has inherited some estate of her husband. A division bench comprising of Justice Mukta Gupta and Justice Neena Bansal Krishna dismissed a plea filed by a widowed daughter-in-law and grand-daughter under sec. 19 of the Family Court Act, 1984 against the order dated 3rd May,...
KVAT Registration Once Cancelled Has To Be Published In Two Leading Daily Newspapers: Kerala High Court
The Kerala High Court ruled that once a Kerala Value Added Tax (KVAT) registration is cancelled, it must be published in at least two major daily newspapers, and the dealer must be notified in accordance with Form No.5 B.Then only will the cancellation of registration be effective.The division bench of Justice S.V. Bhatt and Justice Basant Balaji observed that as per Rule 19 of KVAT...
CESTAT Allows Refund Of CENVAT Credits On Service Tax Paid During GST Regime Under Reverse Charge Mechanism On Import Of Services
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Dr. Suvendu Kumar Pati (Judicial Member) allowed the refund of CENVAT credits against payment of Service Tax paid during the GST regime under the Reverse Charge Mechanism on the import of services.The appellant/assessee was required to pay service tax under the Reverse Charge Mechanism in...
Kerala High Court Seeks Centre's Urgent Response On Plea Moved By Family Of Seafarer Missing In Tunisian Waters
The mystery deepens as the family of the Indian seafarer who went missing in Tunisian waters approached the Kerala High Court seeking governmental intervention suspecting foul play in the entire episode. Justice T.R Ravi on Tuesday directed the Centre to get proper instructions in the matter on an urgent basis and file a statement as well. The matter has been adjourned to Friday.The...
Madhya Pradesh High Court Directs Action Against Lower Court Judge for Not Considering DNA Report in POCSO Case
The High Court of Madhya Pradesh recently directed action against a lower court judge for not considering a crucial medical evidence of DNA report while acquitting the accused in a POCSO case. The Court observed that despite the medical report being brought on record, the same did not find mention in the impugned judgment passed by the respective trial court judge.The division bench of...
Disqualification Notices By Speaker | Rajasthan High Courts Issues Notice To Sachin Pilot Camp
The Rajasthan High Court has recently issued notices to Sachin Pilot and other 18 Members of Legislative Assembly (MLAs) in the 2020 matter whereby disqualification notices were issued by the Speaker to the aforesaid persons.Acting Chief Justice Manindra Mohan Shrivastava and Justice Sameer Jain, observed,"As no instructions have been pleaded on behalf of the petitioners No.2 to 19, issue...
No Valid Permission Granted For Puri Jagannath Temple Corridor Project: ASI Tells Orissa High Court
In a significant development to the controversy regarding Puri Jagannath Temple Corridor project, the Archaeological Survey of India (ASI) has submitted that it has not granted any valid permission for construction at the holy shrine. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik of Orissa High Court was hearing the...
Departmental Proceedings Are Necessary Even For Termination Of Temporary Employee: Madras High Court
The Madras High Court recently observed that the employer shall follow the procedures in departmental proceedings including framing of charge, giving an opportunity to the employee, conducting a disciplinary enquiry and thereafter deciding the issue even with respect to temporary employees. The bench of Justice D Bharatha Chakravarthy was making the above orders in a plea filed by one...
Public Morality Cannot Overshadow Constitutional Morality: Punjab And Haryana High Court
Punjab and Haryana High Court while dealing with a petition seeking protection of life and personal liberty, held that the Constitutional right of protection cannot be abridged, except as per the manner established by law. The Constitutional right of protection cannot be abridged, except in a manner permitted by law. The bench comprising Justice Vinod S. Bhardwaj held that the...
Karnataka HC Quashes Criminal Proceedings Against 68-Year-Old Woman Charged Under SC/ST Act
Observing that "She had no criminal intention in the initial stage while obtaining the (caste) certificate and seeking reservation and got (job) appointment, but she bonafidely believed that she will get the caste of her husband in view of marrying the person who belongs to member of SC/ST," the Karnataka High Court recently quashed the criminal proceedings pending against a...