Dept. Vacillating Whether Goods Were In Transit Or In Godown: Calcutta High Court Directs Refund Of Penalty

The Calcutta High Court has directed the refund of the penalty and held that the department was vacillating between Sections 67 and 68 of the GST Act, depending on whether the goods are in transit or in the godown.The bench of Justice Amrita Sinha has observed that initially the authority invoked the provision of Section 67 but thereafter shifted its stand and relied upon Section 68 read...

'Assets',Have Proved To Be `Fictitious’/`Fraudulent’, Created In The`Books Of Accounts’,With An Intent To `Defraud’ The‘Creditors’;NCLAT Chennai

The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Mr. Shibu Job Cheeran & Ors. v Mr. Ashok Velamur Seshadri, has held that for an application under Section 66 of IBC to succeed, it must be proved that (i) Directors participated...

IBBI Revises Format For Serving Copy Of Application To Board

The Insolvency and Bankruptcy Board of India (“IBBI”) has issued a Circular dated 04.03.2023, revising the format in which a copy of petition under IBC is to be served to IBBI by the Applicant, before filing of such application for initiation of CIRP. Brief background The Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 obligates an applicant...

Any Attempt To Vilify Judges Without Any Reasonable Basis Can’t Be Permitted: Delhi High Court Imposes ₹50K Costs On Lawyers' Body

While dismissing a plea challenging re-appointment of Justice (Retd.) K.S. Ahluwalia as Chairperson of Railway Claims Tribunal with a cost of Rs. 50,000, the Delhi High Court has said that any attempt to vilify judges without any reasonable basis cannot be permitted.Justice Prathiba M Singh rejected the plea moved by Rail Dawa Bar Association, Lucknow, seeking direction on Central Government...

NCDRC Reiterates The 3 Duties A Doctor Owes To The Patient: Whether To Undertake The Case; What Treatment To Give; And, Administration Of That Treatment

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Dr. S.M. Kantikar as presiding member partly allowed an appeal filed by the appellant hospital alleging that there was no negligence on the doctor’s part while performing the flap surgery on the patient/complainant who suffered from extreme burn injuries on his arm. The Commission observed that the doctor failed...

Orissa High Court Chief Justice Throws Open ‘Museum Of Justice’

The refurbished Museum of Justice set up by the Orissa High Court inside the Barabati Quila (Fort), Cuttack, was thrown open for public on Friday in the presence of Chief Justice Dr. S. Muralidhar and the Judges of the High Court. The Museum was inaugurated by Prof. Ganeshi Lal, Governor of Odisha on February 25, 2023.A consultative committee of historians, conservation experts and legal...

Delhi High Court Allows Holding Of Seminar On Fascism, Asks Organizers To Give Invitees’ Details To Police

The Delhi High Court has allowed holding of a two days National Seminar to be conducted through “Bharat Bachao” platform on the theme “Understanding Fascism In Present India Context” and asked the parties to ensure that it is held in a “peaceful atmosphere.”Justice Tushar Rao Gedela was hearing a plea moved by Gade Inna Reddy and Dr. Mondru Francis Gopinath challenging the...

Jammu & Kashmir And Ladakh High Court Accepts Unconditional Apology From Sr AAG, DM Anantnag

Observing that the apology tendered by Senior Additional Advocate General Abdul Rashid Malik and District Magistrate Anantnag is accompanied with a sense of genuine remorse and repentance and is not a calculated strategy to avoid punishment, the Jammu and Kashmir and Ladakh High Court on Friday accepted their unconditional apology.Accepting the apology, a bench of Justice Wasim Sadiq...

Bombay High Court Asks District Judge To Probe How BJP’s Kirit Somaiya Got Copies Of Judicial Order, FIR In Cases Against NCP’s Hasan Mushrif

The Bombay High Court on Friday ordered a judicial inquiry to find out how BJP leader Kirit Somaiya obtained a copy of a judicial order passed against NCP leader Hasan Mushrif’s sons hours after the order was pronounced.The bench of Justices Revati Mohite Dere and Sharmila Deshmukh asked the Principal District Judge to conduct the inquiry. It also directed the investigating officer to...

Centre Notifies Appointment Of Advocate Kardak Ete As Judge Of Gauhati High Court

The Central Government has notified the appointment of Advocate Kardak Ete as a Judge of the Gauhati High Court, tweeted Union Minster for Law and Justice Kiren Rijiju today. His appointment is as an additional judge of the High Court for two years.The Supreme Court collegium had recommended his name for elevation on March 2. The collegium had specifically noted that he belonged to a...

Purchaser Is Not Entitled To ITC On The Purchases Made From The Seller Who Had Discharged Its Tax Liability: AAR

The Punjab Authority of Advance Ruling (AAR) has held that the purchaser is not entitled to claim Input Tax Credit (ITC) on the purchases made by it from the seller, who had discharged its tax liability.The two-member bench of Varinder Kaur and Viraj Shayamkarn Tidke has observed that no registered person shall be entitled to take credit for any input tax in respect of any supply of goods...

Manish Sisodia Was Instrumental In Implementation Of Excise Policy, Arrest In Money Laundering Case Justified: Delhi Court

A Delhi Court on Friday said that Aam Aadmi Party (AAP) leader and former Deputy Chief Minister of Delhi Manish Sisodia was instrumental at every state in the formulation and implementation of Delhi excise policy for the year 2021-22 and that his arrest by Enforcement Directorate (ED) in the money laundering registered was justified.Special Judge MK Nagpal made the observations while...