Guj HC Notice To Centre, State, GST Council On Petition Challenging Constitution Of GST Tribunals [Read Order]

The Gujarat High Court has issued notice to the Centre, Gujarat government and the Goods and Service Tax Council on a petition moved by two chartered accountants challenging the constitution of the National and State GST Appellate Tribunal which they said was “plenary illegal” with just one judicial member.Justice Akil Kureshi and Justice BN Karia issued notice returnable on July 2,...

Wife's False Allegations Of Infidelity Amount To Cruelty: Delhi HC Grants Divorce [Read Judgment]

The Delhi High Court recently granted divorce to a man holding that his estranged wife's false allegation of illicit relation between him and his widowed sister-in-law amounted to cruelty.Justice J.R. Midha was hearing Appeals challenging a Trial Court order, whereby a couple had been granted a decree for judicial separation under Section 13A of the Hindu Marriage Act. While the husband had...

Delhi HC Dismisses Centre’s Plea Against Vodafone’s “Abuse Of Process” In Initiating UK Arbitration [Read Judgment]

In a major decision, the Delhi High Court on Monday dismissed the Centre’s plea against telecom giant Vodafone initiating two tax arbitrations – one under the India-Netherlands Bilateral Investment Protection Agreement (BIPA) and other under the India-UK BIPA – over a retrospective tax liability imposed on the company for its Rs.11,000-crore acquisition of Hutchison...

SC Collegium Recommends Two Additional Judges Of Allahabad HC To Be Made Permanent [Read Resolution]

The Supreme Court Collegium on Friday recommended two Additional Judges of the Allahabad High Court to be appointed as Permanent Judges.The Judges recommended to be made permanent by the Collegium comprising Chief Justice of India Dipak Misra, Justice J. Chelameswar and Justice Ranjan Gogoi are Justice Krishna Singh and Justice Rajiv Lochan Mehrotra.The Allahabad High Court had, on 20 March...

High Court While Dealing With Their Employees Or Acting In Administrative Capacity, Are “State” Within Art. 12: Bombay HC [Read Judgment]

High Court is subordinate to none but constitutional philosophy to be followed in making recruitment, said the Bench.The Bombay High Court has held Courts, while dealing with their employees or acting in other matters purely in administrative capacity, fall within the definition of State within the meaning of Article 12 of the Constitution of India.In light of various apex court judgments,...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court held that writ petition under Article 227 of the Constitution of India challenging the order of the family court granting or refusing an interim injunction or modifying or vacating the same, would not be maintainable and such order would be appealable under Section 19(1) of the Family Courts Act, 1984.Bombay High CourtThe Bombay High Court at...

Civil Suit Not Maintainable After SARFAESI Proceedings Are Initiated: SC [Read Order]

The Supreme Court, in Sree Anandhakumar Mills Vs. Indian Overseas Bank, has reiterated that a civil suit would not be maintainable when proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement Of Security Interest (SARFAESI) Act, 2002, are already initiated.A bench of Justice Ranjan Gogoi and Justice R Banumathi was considering an appeal against a Madras...

Revise Results Of All Candidates, Not Just Appellants Before Us, SC Tells Rajasthan PSC [Read Judgment]

When the key answers are correct of the candidates who appeared in the examination, they are entitled for revision of their result, since, fault does not lie with the candidates but lies with the examination body, the bench said.The Supreme Court directed the Rajasthan Public Service Commission to revise results of all the candidates who participated in the School Lecturer Exam—2015 based...

Delhi HC Extends Time For Submission Of Documents By Street Vendors Under Newly Notified Rules To 30 Days [Read Order]

The Delhi High Court has extended the time granted to street vendors for furnishing documents under the Delhi Street Vendors (Protection of Livelihood and Regulation of Street Vending) Rules, 2017 to 30 days instead of just 10 days."The assurance which is made in the Court, in our view, will go a long way into saving cost, Court’s time and for achieving the objectives of the Delhi...

To Clear The Board, Bombay HC’s Justice SJ Kathawalla Sits Till 3:30 am, One Day Before Vacation Starts

Justice Shahrukh Jimmy Kathawalla sat till 3:30 am in the morning in order to finish hearing of all matters listed on his board, on the last day of court before summer vacation starts.This is unprecedented but Justice Kathawalla is known at the Bombay Bar as someone who tends to finish all the matters listed on the board before the end of the day. Usually more than or close to a hundred...

Mere Engaging Of Reputed Counsel Does Not Imply Sufficiency Of Funds: Delhi HC [Read Judgment]

The Delhi High Court on Wednesday refused to accept denial of maintenance to a woman merely on the ground that she had engaged reputed Counsel for her application and had thereby spent huge amount of money in the process."...the mere fact that a party engages counsel of repute does not ipso facto imply that the said party has sufficient funds. It is a known fact that counsels may appear...

Delhi HC Sets Aside ITAT Orders In NDTV's Prannoy Roy's Tax Case [Read Order]

The Delhi High Court on Friday set aside two orders of the Income Tax Appellate Tribunal (ITAT) on appeals filed by NDTV co-founders Prannoy Roy and Radhika Roy.One of the orders challenged before the Bench comprising Justice S. Ravindra Bhat and Justice A.K. Chawla had allowed a plea by the Income Tax Department for early hearing on an appeal filed by the duo, without giving them a...