News Updates
Private Parties Can't Approach Courts Seeking Attachment Of Properties In Foreign States Under Chapter VIIA CrPC : Kerala High Court
The Kerala High Court has held that the courts in India cannot entertain any request directly from any private parties or institutions to initiate proceedings for attachment of properties in foreign states and added that such requests can only be made by the Centre or appropriate authorities under Section 105 of Code of Criminal Procedure (CrPC).Upon examining the legislative intent...
Delhi High Court Tells Centre To Explore Possibility Of Physically Disabled Candidates Being Able To Pursue Some Disciplines Of Medical Education
The Delhi High Court on Monday directed the National Medical Commission to explore, in consultation with Central Government, the possibility of physically disabled candidates being able to pursue some disciplines of medical education with the advancement of science and technology, in the next six months. A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Navin...
Number Of Students In Govt Aided Schools Inflated To Divert Public Money: Bombay HC Seeks Action Against Culprits, Appoints Committee To Curb Malpractices
The Bombay High court recently dealt with a petition demonstrating malpractices in the Maharashtra Education Department and constituted a committee to curb the same, while asking the government to continue its belated efforts to remedy the situation by recovering monies. A Bench of Justices Ramesh Dhanuka and Sanjay Mehare appointed the three-member committee in light of practice of...
Denial Of Conjugal Relationship Ground For Divorce But Not 'Exceptional Hardship' To Waive Cooling Off Period U/S 14 Hindu Marriage Act: Delhi HC
The Delhi High Court has held that though denial of conjugal relationship is a ground for divorce and tantamounts to cruelty, the same cannot be said to amount to "exceptional hardship" under Section 14 of the Hindu Marriage Act 1955.Section 14 prescribes a mandatory 1 year waiting period from the date of marriage, before filing for divorce. A proviso to this Section states that the 1 year...
Shortage Of Fuel Pumps On National & State Highways: Patna High Court Calls For Fresh Demand Survey
The Patna High Court has directed the Central and State Governments to submit a detailed report on the issue of non-availability of adequate number of petrol pumps on National and State Highways. Expressing concern over the problems being faced by the people passing through these highways, the Division Bench of Chief Justice Sanjay Karol and Justice S Kumar observed,"It is unfortunate...
'Not In Poor Financial Condition': Calcutta High Court Upholds Eviction Order Against Daughter-In-Law From Her Father-In-Law's House
The Calcutta High Court has recently upheld an eviction order wherein the daughter-in-law was directed to vacate the residence belonging to her father-in-law after noting that she is a medical practitioner and is thus not in a poor financial condition. Justice Rajasekhar Mantha observed, "The applicant, Swati Das, is admittedly a medical practitioner. She is neither destitute nor in a...
Post Facto Changes In GST Registration: Madras High Court Quashes Penalty Imposed For Mismatch Of Address In Invoice And RC
The penalty imposed for mismatch of address in invoice and RC was quashed by the Madras High Court bench of Justice C. Saravanan on the grounds that there was a post facto alteration in GST registration. The petitioner, a new start-up company, is in the business of research and development on Alage and its utilisation. The petitioner placed a purchase order on October 7, 2021, for...
Rajasthan High Court Refuses To Exempt Assessee From Personal Appearance Under GST
The Rajasthan High Court consisting of Justice Manindra Mohan Shrivastava and Justice Sameer Jain has refused to exempt the assessee from personal appearance under Section 70 of the CGST Act. The petitioner/assessee sought the direction of exemption from personal appearance pursuant to summons issued to the petitioner under Section 70 of the Central Goods and Services Tax Act, 2017...
"Acute Shortage Of Staff": PIL In Delhi High Court Seeks Filling Up Of Pending Vacancies In City Prisons
Citing acute shortage of staff, a Public Interest Litigation has been moved in the Delhi High Court seeking filling up of various pending vacancies in city prisons including those regarding Medical Officers, Welfare Officers, Counsellors, Teachers for Education, Yoga Teachers and Education Vocational Counsellors.Moved by Advocate Amit Sahni, the plea also seeks to constitute and notify Board...
Liquidated Damages And Penalties Due To Breach Of Conditions Of Contract From The Contractor Are Exigible To GST: AAR
The Telangana Authority of Advance Ruling (AAR) consisting of members K.V. Kasi Visweswara Rao and B. Ragu Kiran has ruled that the liquidated damages and penalties received by the applicant due to breach of conditions of the contract by the contractor are exigible to tax under the CGST and SGST Acts. The applicant, M/s. Singareni Collieries Company Limited, is entering into...
No TDS Required To Be Deducted On Enhanced Compensation Awarded By Court Under Land Acquisition Act: Delhi ITAT
The Delhi Bench of ITAT, consisting of members Astha Chandra (Judicial Member) and N.K. Billaiya (Accountant Member), has ruled that interest received by land owners on enhanced compensation awarded to them by the Court under Section 28 of the Land Acquisition Act, 1894 is not in the nature of 'income from other sources' under the Income Tax Act, 1961, therefore, no TDS is required to...