News Updates
Arbitral Tribunal Cannot Award Interest On Interest: Delhi High Court
The High Court of Delhi has observed that the arbitral tribunal cannot award interest on the amount of interest already granted in the award. It held that pendente lite interest on the amount of awarded interest amounts to awarding of interest on interest. The Single Bench of Justice Bakhru has held that when the arbitrator has awarded interest on a substantive claim, allowing...
Prisoners' Biometrics: Delhi HC Issues Notice On Plea Challenging Criminal Procedure (Identification) Act, Centre Objects On Maintainability
The Delhi High Court has issued notice on a PIL challenging vires of the Criminal Procedure (Identification) Act, 2022, which allows the collection of biometrics of prisoners. The Act received Presidential assent on Tuesday."It requires consideration," a division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla said.Advocate Amit Mahajan had objected to...
GST ITC Refund Can't Be Denied Even If Taxpayer Has Claimed Duty Drawback: Madras High Court
The Madras High Court bench of Justice C. Sarvanan has held that the refund of input tax credit (ITC) cannot be denied even if the taxpayer has claimed duty drawback. The petitioner/assessee had exported consignments of goods classifiable under Customs Heading No.8483-40-00 of the Customs Tariff Act 1975 and claimed duty drawback under Section 75 of the Customs Act,...
Rajasthan High Court Directs GST Dept. To Reimburse The Pre Deposit In View Of CIRP Of Binani Cement
The Rajasthan High Court bench of Justice Vinod Kumar Bharwani and Justice Sandeep Mehta has directed the GST department to reimburse amounts deposited by Binani Cement as a mandatory statutory obligation to the Ultra Tech Nathdwara Cement. The petitioner, UltraTech Nathdwara Cement Ltd., has taken over Binani Cement. The petitioner has filed a revision petition assailing the order...
SC/ST Act | When The Offence Appears To Be A Misuse Of Law, The Court Has The Power To Grant Anticipatory Bail: Chhattisgarh High Court
The Chhattisgarh High Court recently remarked that when the offence of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 appears to be a misuse of law, the Court has the power to grant anticipatory bail. Having held that Justice Deepak Kumar Tiwari granted anticipatory bail to an accused under SC/ST Act, The accused-appellant had filed an appeal under Section 14...
Rajasthan High Court Grants 15 Days' Temporary Bail To Convict To Perform Daughter's Kanyadan
The Rajasthan High Court, Jodhpur has granted temporary bail for 15 days to a man to perform 'Kanyadan' & other ceremonies in his daughter's marriage. Notably, the present application for grant of temporary bail has been filed on the ground that the appellant's daughter is getting married on 28.04.2022 and the presence of the appellant is necessary to perform 'Kanyadan'...
"Will Impact Students & Staff": Bombay High Court Refuses Closure Of Only Engineering College In Gondia District Of Maharashtra
In a victory for the employees and students, the Nagpur Bench of the Bombay High Court has refused to grant closure permission to the only engineering institute in Gondia district of Maharashtra, observing that the management doesn't have an unfettered right to close down an institution at will as the closure would impact the education/studies and staff employed therein. A division...
50% Marks In Science In Intermediate Exam Necessary For Foreign Qualified MBBS To Appear In Screening Test & Get Registered In India: Delhi HC
The Delhi High Court has observed that in view of the provisions of the Indian Medical Council Act, 1956, a foreign qualified MBBS is necessarily required to obtain 50% marks in Physics, Chemistry and Biology to be eligible for appearing in Screening Test and get registered as a medical practitioner in India. Justice Kameswar Rao observed: "It is clear that in view of the...
Married Brother Of Deceased Govt Servant Not A 'Dependent' & Is Not Entitled For Compassionate Appointment: Rajasthan High Court
The Rajasthan High Court observed that the petitioner is a married brother of the deceased government servant, and therefore, the petitioner cannot be held to be a dependant and to be entitled for compassionate appointment in terms of the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servants Rules, 1996. Justice Rekha Borana, while dismissing the writ...
"Did Any Ragging Activity Take Place At Swami Rama Himalayan University?": U'khand HC Asks State After Receiving Anonymous Complaint
The Uttarakhand High Court has asked the State government to inform the Court if any ragging activity took place in 'HIMS Swami Rama Himalayan University, Jolly Grant, Dehradun'.The Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice Ramesh Chandra Khulbe asked the State Government this question after receiving an anonymous complaint about such an incident having taken place....
Madhya Pradesh High Court Grants Temporary Bail To Murder Accused To Take Care Of Pregnant Wife
The High Court of Madhya Pradesh recently granted temporary bail to a murder accused for 90 days so that he could take care of his pregnant wife, whose delivery was due in a week. Justice Sanjay Dwivedi was dealing with a bail application U/S 439 CRPC moved by the Applicant accused for offences punishable U/S 302, 307, 294, 506, 147, 148, 149, 323, 324, 34 of the...