News Updates
Service Tax Not Payable On Liquidated Damages: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of S.K. Mohanty (Judicial Member) and P.V. Subba Rao (Technical Member) has held that service tax is not payable on liquidated damages recovered on the failure to fulfil the contract.The appellants/assessees are public sector undertakings established by the Government of Madhya Pradesh for...
"No Clear Prohibition In Law, Not For Court To Guide Policy": Delhi HC Dismisses Plea To Remove Election Symbols From Ballot Papers In MCD Polls
The Delhi High Court has recently dismissed a plea seeking to remove election symbols from the ballot paper, including the Electronic Voting Machine for the city's Municipal Corporation polls. A bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla observed thus:"Though the level of literacy has increased in the State of Delhi, and the presence of a photographs of...
'The Tribal Society Too Isn't Untouched By The Winds of Socio-Economic Change': Jharkhand HC Upholds Inheritance By Female Heir
The Jharkhand High Court recently upheld the right of a female on inheritance, despite being barred by customary law white, noting that each case has to be judged individually regarding the applicable custom. Justice Gautam Kumar Choudhary noted that,"Society do not exist frozen in time and the tribal society too is not untouched by the winds of socio-economic change. Other vehicle of...
Arbitral Tribunal Can Grant Post Award Interest On Interest Component Included In The Sum Of The Award: Supreme Court
The Supreme Court Bench comprising Justice Mr. Shah and Justice B.V. Nagarathna held that the arbitral tribunal can grant post-award interest on the sum of the award which also includes the interest component. The Court reiterated that the word sum used under Section 31(7) of the A&C Act includes the interest awarded on the substantive claims, therefore, the post award interest would...
Non-Reporting Of Seizure Forthwith To Magistrate U/S 102 (3) CrPC Doesn't Make Such Seizure By Police Illegal: Allahabad High Court
The Allahabad High Court has observed that non-reporting of the seizure forthwith, as provided under Section 102(3) Cr.P.C., shall not ipsofacto render such seizure illegal particularly as no period is specified and its consequences have not been provided.About the provisions involved in the matterIt may be noted that Section 102 of CrPC provides for the power of police officers to seize...
Actor Assault Case | Kerala Bar Council Pulls Up Crime Branch For Leaking Privileged Communication To Media
The Bar Council of Kerala on Sunday lashed out at the Crime Branch for leaking privileged communication between a lawyer and his client in the 2017 sexual assault case to the media. A meeting was convened to consider the complaint filed before the Council seeking appropriate legal action against the police officers who allegedly leaked a telephone conversation between Senior Advocate B....
PIL Seeks Direction To CM Adityanath To Disclose Actual Name, Stop Using 'Yogi' As Title: Allahabad HC Dismisses It With ₹1 Lakh Cost
The Allahabad High Court on Monday dismissed a Public Interest Litigation (PIL) plea filed seeking direction to Uttar Pradesh Chief Minister Yogi Adityanath to disclose his full and actual name in the public domain, with Rs. 1 Lakh Cost.The PIL plea moved by one Namaha also sought a direction to CM Yogi Adityanath to take the oath of office and secrecy under his real name and to refrain...
PIL Filed In Calcutta High Court Seeking NIA Probe Into Crude Bomb Blasts In WB's Malda District Which Injured 5 School Children
A Public Interest Litigation (PIL) petition has been filed in the Calcutta High Court on Tuesday seeking a probe by the National Investigation Agency (NIA) into the incident of crude bomb blast in West Bengal's Malda district on Sunday. Five school children were reportedly injured after the crude bombs they were playing with, mistaking those for balls, exploded in Kaliachak's Gopalnagar...
'The British School': Delhi High Court Directs Sanjay Gandhi Educational Society To Change Name Of 4 Schools Infringing Trademark
While dealing with a trademark infringement suit filed by the British School Society over the mark 'The British School', the Delhi High Court has directed changing of names of four schools run by Sanjay Gandhi Educational Society, purportedly using identical name. Justice Pratibha M Singh directed the defendants to change the name of their schools w.e.f. 1st May, 2022 and apply to the CBSE,...
'No Imminent Threat': Rajasthan High Court Directs SP To Consider Postgraduate Woman's Protection Plea
The Rajasthan High Court disposed of a plea filed by a postgraduate woman raising grievance that she wants to pursue her studies, whereas she is being harassed by the police as her father has lodged a missing person report. Being a resident of Ganganagar, the petitioner is presently residing as a paying guest at Jodhpur and wants to continue her study. In this regard, she prayed...
Second Section 9 Application, Relief Can't Be Granted As It Would Amount To Main Relief In Arbitration :Gujarat High Court
The Gujarat High Court has ruled that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking interim measures has been disposed of, a subsequent similar application seeking similar reliefs, which were already dealt with in the earlier proceedings, is not maintainable. The Bench, consisting of Justices N.V. Anjaria and Samir J. Dave,...
Wife's Transfer Petition Can Be Allowed If Husband's Offer To Pay Conveyance Charges For Attending Hearings Not Bonafide: Telangana High Court
The Telangana High Court has recently ruled that even if the husband offers to pay the conveyance charges for the wife to appear for the family court hearings, if such an offer seems to have been made without bona fides, it can order for the case to be transferred to the Family Court near the residence of the wife. Justice A. Venkateshwara Reddy ruled that although it is settled that a wife...