'A Virtual Gag Order': Army Veterans Move Bombay High Court Against Govt Sanction For Publication By Retired Personnel

The Bombay High Court on Tuesday sought replies from the Ministry of Home Affairs and Ministry of Defence in a petition filed by two war veterans against a notification imposing certain restrictions on the publication of writings by ex-security and intelligence officers without prior government approval. The petitioners call the notification "a virtual gag order" and retrogressive...

Benefit Of MEIS Scheme Can't Be Availed If Not Opted In Shipping Bill At The Time Of Export: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justice Vivek Rusia and Justice Amarnath Kesharwani has held that the benefit of the Merchandise Exports From India Scheme (MEIS) cannot be availed if it is not opted for in the shipping bill at the time of export. The petitioner/assessee, a private limited company, is in the business of manufacturing automobile parts. The petitioner has...

Court Lacking Jurisdiction To Appoint An Arbitrator, Cannot Do So Based No Objection By The Opposite Party: Bombay High Court

The Bombay High Court has ruled that a Court cannot appoint an Arbitrator when the only proceeding before it is an application for grant of interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), solely on the ground that the opposite party has not objected to the appointment of an Arbitrator. The Single Bench of Justice Manish Pitale held that...

Application For Extension Of Time For Passing The Award Lies Only Before The High Court Which Appointed The Arbitrator: Allahabad High Court

The Allahabad High Court has held that the Court for the purpose of an application under S. 29A of the A&C Act would only be the High Court that appointed the arbitrator. The Single Bench of Justice Rohit Ranjan Agarwal held that the Principal Civil Court does not have the jurisdiction to entertain an application for an extension of time. The Court held that Sub-section 6 of...

Interest Free Security Deposits Are Not Exigible To Service Tax: CESTAT Ahmedabad

The Ahmedabad Bench of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has ruled that interest free refundable security deposits are not exigible to service tax since they are not collected in consideration for providing a service. The Bench, consisting of members Ramesh Nair (Judicial Member) and Raju (Technical Member), held that there is no provision in the Service...

ITC Can Be Availed on IGST Paid Both On Imports Intra & Inter-State Sales: AAR

The Telangana Authority of Advance Ruling (AAR) consisting of members B. Raghu Kiran and S.V. Kasi Visweswara Rao has ruled that IGST paid on imports is eligible to be availed as an Input Tax Credit (ITC) both on intra-state and inter-state sales. The applicant, M/s. Euroflex Transmissions (India) Private Limited, wishes to supply imported goods directly from the port of...

Actor Assault Case| Kerala High Grants One More Month For Prosecution To Wind Up Further Investigation

The Kerala High Court on Tuesday granted one more month's time to the prosecution to conclude the further investigation in the 2017 sexual assault case.Justice Kauser Edappagath granted this extension after noting that the pendrive submitted by the prosecution earlier this month contained two folders containing three voice clips each which were apparently collected by the investigating...

[Land Acquisition] Land Owners Entitled To Rent, Damages & Consequential Benefits From Date Of Dispossession By Govt: Telangana High Court

Benefits are payable till issuance of notification by Government under Land Acquisition Act.

S.17B ID Act | Employer Liable To Pay Wages To Workman During Pendency Of Appeal Against Labour Court's Order Of Reinstatement: Gujarat High Court

The Gujarat High Court has reiterated that when a Labour Court directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court, the employer is be liable to pay such workman during the period of pendency of such proceedings in the High Court.Referring to Section 17B of the Industrial Disputes Act, the Bench comprising Justice RM Chhaya and...

'Either IOs Deliberately Leaving Lacuna Or Don't Know Evidence Law': MP High Court Grants Bail To Man Arrested On Confession Of Co-Accused

The Madhya Pradesh High Court, Gwalior Bench recently granted bail to a man arrested on the basis of the confessional statement of a co-accused, observing that lately, it has become a norm for the police department to file charge-sheet against accused persons merely on the basis of confessional statement made by the other co-accused. Hearing the bail application moved by the...

"Air India Is Now A Private Company": Karnataka High Court Refuses To Exercise Writ Jurisdiction U/Art 226 On Employees' Plea

The Karnataka High Court has said that since Air India Limited is now a private Company owned by M/s.Talace Pvt. Ltd., the grievance of the employees can be redressed only before the competent authority which can deal with the question and not under Article 226 of the Constitution of India. A single judge bench of Justice R Devdas made the observation while dismissing a petition filed...

Concurrent Running Of Sentences Is A Basic Rule Where Accused Is Convicted For 2 Or More Offences Arising Out Of Single Transaction: Allahabad HC

The Allahabad High Court has observed that if the accused is convicted for two or more different offences, arising out of one and the same transaction, the basic rule is that the sentences must be directed to run concurrently.The Bench of Justice Raj Beer Singh also said that Section 31 of CrPC leaves discretion with the Court to order sentences for two or more offences at one trial to...