Person In Whose Custody The Goods Are Found To Produce Information Within A Reasonable Time: Delhi High Court

The Delhi High Court has held that it would be open for a person found in the custody of goods to produce the relevant information in its possession with respect to the goods within a reasonable time on being required to do so by the Commissioner.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that none of the authorities have even examined whether the documents...

Cognizance Taken By Police For Offence U/S 195A IPC Bad In Law, Only Court Can Consider Matters Relating To False Evidence: Kerala High Court

The Kerala High Court recently held that the police is not competent to register an offence under Section 195A (threatening any person to give false evidence) of the Indian Penal Code and that only a court is competent to consider an offence in relation to false evidence.A single bench of Justice A. Badharudeen observed that “When the threat dealt in Section 195 of IPC is giving...

“I Hope Chief Justice Muralidhar Will Be Elevated To Supreme Court Soon”: Former CJI Justice GB Patnaik

The former Chief Justice of India, Justice Gopala Ballav Patnaik has expressed hope that the incumbent Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar will soon be considered for elevation to the Supreme Court. Notably, Justice Muralidhar has been serving as Chief Justice of the Orissa High Court since January, 2021. Last year the Supreme Court Collegium...

Orissa High Court Rightly Regarded As ‘Custodian Of Constitution’: Justice BR Gavai

While addressing the felicitation ceremony of former Chief Justices and Judges of the Orissa High Court as a part of its celebration of 75th year of establishment, Justice Bhushan Ramkrishna Gavai, Judge, Supreme Court said that the High Court has rightly been regarded as ‘custodian of the Constitution’. The event was attended by several dignitaries including former Chief...

Chhattisgarh High Court Seeks State's Response On PIL Alleging Unlawful Conversion Of Forest Land For Construction Of Cattle Shelters

The Chhattisgarh High Court has asked the state government to file a reply to the PIL against alleged large-scale unlawful conversion of forest land for non-forest purposes. The bench of Acting CJ Goutam Bhaduri and Justice N.K. Chandravanshi said, “Considering the issue involved, reply of State would be necessary.” Lawyer D.K. Soni has filed the PIL against the...

Executive Magistrate Not Empowered To Record Confession For Offences Under Essential Commodities Act: Orissa High Court

The Orissa High Court has held that an Executive Magistrate is not empowered to record confession for offences committed under the Essential Commodities Act, 1955. It also held that in absence of any specific procedure governing recording of confession and trial under the Act, the Code of Criminal Procedure shall apply. While clarifying the position of law, the Single Judge Bench...

Kerala High Court Set To Inaugurate Various IT Initiatives On Monday

Kerala High Court will inaugurate various IT initiatives including the Vigilance Court Case Management System (VCMS) and the Family Court Case Management Module on April 10 at the High Court Auditorium. The court is also set to launch an Online RTI Portal.While Chief Minister Pinarayi Vijayan will inaugurate the Vigilance Court Case Management System, the Family Court Case Management Module...

Gujarat High Court Transfers Trial In Criminal Intimidation Case To Morbi After Lawyers In Bhuj Refuse To Defend Accused

The Gujarat High Court recently allowed a petition filed by an accused for transfer of his case from Kachchh district to Morbi on the ground that no advocate from the District Bar Association, Bhuj was willing to defend the accused as the lawyers' body had passed a resolution not to defend him.The single judge bench of Justice Ilesh J. Vora observed:“In the facts of the present case,...

NGT Forms High Powered Committee To Revisit Environmental Clearance Granted To Great Nicobar Island Project

The Eastern Zone bench of the National Green Tribunal (NGT) has constituted a High-Powered Committee to revisit the Environmental Clearance granted by the Ministry of Environment, Forest, and Climate Change (MoEF&CC) for the project by the Andaman and Nicobar Islands Integrated Development Corporation (the project) in Great Nicobar Islands.It is a mega project to be implemented at...

NGT Dismisses Film Studio's Appeal Against MCZMA Order Declining Extension Of Temporary Sets For Shooting

The Western Zone bench of the National Green Tribunal (NGT) has rejected the plea made by Balaji Tirupati Cinemas and Expression Studio against the Maharashtra Coastal Zone Management Authority's (MCZMA) order of 12.09.2022. The order denied permission for the temporary tents used for shooting to be extended for another six months.The Appellant Film Studios alleged that the order was passed...

In Absence Of Proper Show Cause Notice To The Assessee, There Is No Merit In Levy Of Penalty: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal has held that where the initiation of penalty is one limb and the levy of penalty is another limb, then in the absence of proper show cause notice to the assessee, there is no merit in the levy of penalty.The bench of Anil Chaturvedi (Accountant Member) and Yogesh Kumar Us (Judicial Member) has relied on the decision of the Bombay High Court...

Cenvat Credit Available On Books Of Account Cannot Be Rejected Without Following Due Procedure: CESTAT

The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that unless CENVAT Credit availed by the appellant has not been recovered by way of the issue of a show cause notice invoking Rule 14 of the CENVAT Credit Rules, 2004, CENVAT Credit available on the books of account cannot be rejected when it is accumulated on account of export of service.The...