News Updates
High Court's Supervisory Jurisdiction Over Orders Passed Under Order 39 Rules 1&2 Restricted, Can Be Exercised In Case Of Palpable Error: Delhi HC
The Delhi High Court has observed that the scope of interference by the High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India would be even more restricted with an order passed by the court below under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908. "If, therefore, the courts below are functioning in a manner which calls...
Plea Challenges Demand Of GST On Royalty Paid For Quarrying Of Building Stone: Karnataka High Court Grants Interim Relief
The Karnataka High Court has till the next date of hearing restrained respondents from demanding and collecting GST on Royalty from the petitioner, a firm engaged in quarrying of building stone. Advocate Kartik Seth appearing for the petitioner B&B Stones had approached the court challenging the imposition of GST on mining royalty on reverse charge basis. Seth had argued that...
Exported Goods Cannot Be Confiscated Under Section 113 Of Customs Act: CESTAT Hyderabad
The Hyderabad Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that Section 113 of the Customs Act only provides for confiscation of goods that are to be exported and not for goods which have already been exported. The Bench, consisting of P.K. Choudary (Judicial Member) and P. Venkata Subba Rao (Technical Member), held that the purpose of the...
Calcutta High Court Imposes ₹25K Cost On Party For Seeking Repeated Adjournments
The Calcutta High Court on Friday imposed costs to the tune of Rs 25,000 on a party for seeking repeated adjournments. A Bench of Justices Moushumi Bhattacharya and Kesang Doma Bhutia noted that the appellants had sought several adjournments. But despite the accommodating orders the Court had passed, they again sought an adjournment for the fourth time."This is the fourth occasion...
Expansive Definition Of 'Manufacturing Process' To Include More Factories Under ESIC Act Shall Apply "Prospectively": Allahabad High Court
The Allahabad High Court has recently held that the application of the term 'manufacturing process', which was added to the Employees State Insurance Act ('the Act') by virtue of the Employees State Insurance (Amendment Act), 1989 ('the Amendment Act'), would apply prospectively and would have no application prior to the said amendment coming into force. A Single-judge Bench of...
Calcutta High Court Seeks WB Speaker's Response Over Suspension Of Suvendu Adhikari & 4 BJP MLAs From State Assembly
The Calcutta High Court on Monday sought sought response from West Bengal Assembly Speaker Biman Bandyopadhyay in a writ petition challenging his decision to suspend BJP MLA and Leader of the Opposition Suvendu Adhikari from the Assembly for future sessions this year.Five BJP MLAs, including Suvendu Adhikari, were suspended by the West Bengal Assembly Speaker on March 28 for their alleged...
Nominative Fair Use Permissible If It Does Not Depict Sponsorship By Trademark Owner & Use Is "Reasonably Necessary": Delhi High Court
The Delhi High Court has observed that the nominative fair use is permissible in so far as the use is such that it does not depict sponsorship by the trademark owner and the use is "reasonably necessary".Normative use refers to use of another's trademark to identify one's own goods or services. This defence has following three requirements: First, the product or services in question must be...
Inter-Faith Couple Wrongly Advised To Marry In Temple, Seeks Time To Register Under Special Marriage Act: MP High Court Stays Kidnapping FIR
The Madhya Pradesh High Court recently granted relief to an inter-faith couple in the form of protection from their parents and the society. The Court further directed the Police to not take any action against the Petitioner/boy pursuant to the FIR registered against him by the family of the Petitioner/girl for the alleged offence of kidnapping.Hearing the Writ Petition, Justice Nandita...
Gujarat MLA Jignesh Mevani Re-Arrested By Assam Police Soon After Getting Bail In FIR Over Tweets Against PM
Gujarat MLA Jignesh Mevani was re-arrested in Assam in another case for allegedly assaulting officials, reported PTI. The second arrest was made after Mevani was granted bail in the case related to tweets against Prime Minister.Mevani was arrested by the Assam Police from Gujarat on 20 April in an FIR registered on a complaint by a local BJP leader from Assam's...
Outright Rejection Of Stay Application Is Not Justified, Need To Exercise The Appellate And Revisional Jurisdiction Judicially:Telangana High Court
The Telangana High Court has held that the appellate and revisional authorities must judiciously exercise their discretionary power to grant a stay under the Telangana VAT Act.A division bench of Justice Ujjal Bhuyan and Justice Surepalli Nanda, while staying the demand in terms of the assessment order, directed the petitioner to deposit twelve and a half percent of the disputed tax...
Assessee To Claim Refund of Tax Collected By State Without Authority Within 3 Years From The Date of Payment: Madras High Court
The Madras High Court bench of Justice R.Mahadevan and Justice Mohhammed Shaffiq has held that any tax collected without authority would certainly amount to unjust enrichment and the assessees must claim a refund of the tax collected or retained by the state within three years from the date of their payments to the department.The assessee has sought the order to quash the orders passed...
Breaking | 'We Are Not Satisfied With Your Bandobast': High Court Directs Delhi Police Commissioner To Look Into Security Lapse At CM Residence
The Delhi High Court on Monday expressed dissatisfaction at the report filed by the Delhi Police with respect to the security arrangement made outside Chief Minister Arvind Kejriwal's residence, which was attacked by an "unruly mob" on March 30."This kind of incident happening at residence of a constitutional functionary is very disturbing state of affairs. What kind of bandobast did you...