News Updates
TDS Not Deposited By Employer, Can’t Be Adjusted Against Future Refund Due To Assessee: Delhi High Court
The Delhi High Court has ruled that the revenue department cannot adjust the withheld tax (TDS) which has not been deposited by the deductor (employer) in the Central Government Account, against the refund due and payable to the deductee/assessee. The bench of Justices Rajiv Shakdher and Tara Vitasta Ganju held that adjustment of demand against future refund amounts to an...
Was Indian Express Justified In Deducting Employees’ Salaries During COVID-19 Pandemic? Allahabad High Court Says Labour Court To Decide
The Allahabad High Court has directed the Prescribed Authority under The Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955, to refer the dispute, pertaining to deduction of salaries of the Indian Express employees during the COVID-19 pandemic, to the Labour Court.Various employers including the newspapers had deducted the salaries...
Child Entitled To Get Admission In DoE-Allotted School If EWS/DG Category Established: Delhi High Court
The Delhi High Court has observed that a child is entitled to get admission in the school allotted by Directorate of Education (DoE) on the reserved seats under RTE Act after it is established that he or she belongs to the economically weaker section (EWS) or disadvantaged group (DG) category.Justice Mini Pushkarna said that denying admission to any child under DG or EWS category after...
Award Passed By Unilaterally Appointed Arbitrator Is Void; Himachal Pradesh High Court
The Himachal Pradesh High Court has held that arbitral proceedings conducted by a unilaterally appointed arbitrator are void ab initio and the consequent award is non-est. The bench of Justice Jyotsana Rewal Dua held that an arbitration award passed by a unilaterally appointed sole arbitrator is not enforceable under Section 36 of the A&C Act. The Court further held that...
CESTAT Allows Interest On Refunded Amount Deposited During Investigation
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed interest on the amount refunded, which was deposited during the investigation.The bench of Anil Choudhary (Judicial Member) has observed that interest on refund of amounts deposited during an investigation or deposited during the pendency of an appeal is allowable under Section 35EE of the Act and...
Advocate Gunratan Sadavarte Approaches Bombay High Court After Bar Council Initiates Disciplinary Proceedings For 'Malicious' Statements In Media
Advocate Gunratan Sadavarte, accused of orchestrating the attack outside NCP leader Sharad Pawar’s home last year, has approached the Bombay High Court against the disciplinary proceedings initiated against him by the State Bar Council. The list of alleged misdemeanours includes “malicious” and “obnoxious” statements to the media during the Maratha Reservation and...
Special Bench At NCLT Kochi & Cuttack; Matters To Be Heard Through VC
The National Company Law Tribunal (“NCLT”) has constituted Special Bench for NCLT Cuttack and NCLT Kochi, vide a Circular dated 01.02.2023 issued by NCLT. Shri P. Mohan Raj (Judicial Member) is on leave from 02.03.2023 to 07.03.2023. Therefore, a Special Bench is being constituted to take up the matters listed before Shri P. Mohan Raj (Judicial Member) and Shri Satya...
Charger Sold Along With Mobile Phone Can’t Be Differently Taxed: Karnataka High Court
The Karnataka High Court has held that the charger, which is sold along with the mobile phone in one set, is taxable at the rate of 5%.The division bench of Justice P.S. Dinesh Kumar and Justice T.G. Shivashankare Gowda has observed that the main intention of a purchaser or seller while buying or selling a "mobile set" is to buy or sell the mobile phone and not the charger alone. The supply...
Mere Registration Of Subsequent Case Against Accused By Itself Cannot Result In Automatic Cancellation Of Bail In Earlier Case: Kerala High Court
The Kerala High Court on Friday held that the bail granted in one crime cannot be cancelled merely because the accused has been subsequently booked in another case.Justice Bechu Kurian Thomas observed that a bail that had once been granted ought not to be cancelled on the mere asking, but that there ought to be cogent and overwhelming circumstances existing to cancel the bail."The...
AIADMK's Expelled Leader Manoj Pandian Moves Madras High Court Challenging Party’s General Council Resolutions
Expelled AIADMK leader Manoj Pandian has moved the Madras High Court challenging the resolutions passed by the AIADMK Party in its meeting held on July 11 2022 and to stay its operation. Through the resolutions, Pandian, along with others including former CM O Paneerselvam were expelled from the party and Edappadi Palaniswami was appointed as the interim...
Single Judge 'Should Have Exercised Restrain', Its Observations Must Be Disregarded: Madras High Court Allows US Citizen To Take His Sons Abroad
A division bench of the Madras High Court recently “disregarded” the observations made by a single judge in his order granting interim custody of minor twins born in the US to their mother till the pendency of the matrimonial dispute in India. The single judge had disagreed with the earlier directions of a division bench asking the woman to hand over custody to the father who...
Maintainability Of Petition Doubtful': Kerala High Court Tells Lawyer Who Challenged Limited Number Of Cases Listed Before A Sitting Judge
The Kerala High Court on Friday questioned the maintainability of the petition filed by an advocate alleging that a sitting judge of the High Court was limiting the number of cases listed before her to only 20 matters a day, while other judges were handling 100 or more matters everyday.When the matter came up before Justice Shaji P Chaly on Friday, he questioned the Advocate Yeshwanth Shenoy,...