News Updates
Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB
The Madras High Court has referred to the division bench the issue of the power of the high court under Article 226 to condone the delay beyond the maximum time limit stipulated under the GST Act.The single bench of Justice Abdul Quddhose has observed that there were two contradictory views expressed by two judges of the Madras High Court.The petitioners have challenged the cancellation of...
Assessing Officer Not Justified In Rejecting Audited Books Of Accounts For Producing Photocopy Of Bills: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessing officer was not justified in taking drastic action and rejecting books of account that are audited solely on the basis of general remarks that photocopies of the bills have been produced instead of original bills.The two-member bench of Anubhav Sharma (Judicial Member) and Pradip Kumar Khedia...
Allahabad High Court Quashes Criminal Proceedings Against Rajyasabha MP Imran Pratapgarhi In 2019 MCC Violation Case
The Allahabad High Court has quashed entire criminal proceedings against Rajyasabha MP and Congress leader pertaining to the 2019 Model Code of Conduct Violation case registered against him.The bench of Justice Dinesh Kumar Singh quashed the entire proceedings of the case against Pratapgarhi and others, the cognizance order dated 02.07.2022 as well as the summoning order dated 10.10.2022...
Supreme Court Makes Absolute Interim Stay On Bail Condition Prohibiting Rehana Fathima From Using Social Media
The Supreme Court on Wednesday made the stay order against the Kerala High Court’s bail condition restricting controversial activist Rehana Fathima from printing, posting or publishing her views on any medium of the media, as absolute. A bench comprising Justices BR Gavai and Vikram Nath ordered, “Having heard learned counsel for the parties, we are of the view that...
'Food Safety Commissioner Can't Impose Permanent Ban': Madras High Court Sets Aside Ban On Sale Of Gutka, Pan Masala, Other Tobacco Products
The Madras High Court recently set aside a notification issued by the state Commissioner of Food Safety imposing a ban on sale of Gutka, Pan Masala, flavoured or scented food products or chewable food products that contain tobacco or nicotine.While setting aside the notification, the bench of Justice R Subramanian and Justice K Kumaresh Babu held that the commissioner had exceeded his...
No Provision In GST Act for Confiscating Currency From The Premises : Delhi High Court
The Delhi High Court ruled that there is no provision in the GST Act that would allow for the forcible removal of currency from the premises of any person.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the powers of search and seizure are draconian powers and must be exercised strictly in terms of the statute and only if the necessary conditions...
CAAR Not Barred From Giving Ruling On The Ground Of Preliminary Exercise Being Done By Customs Officer: Delhi High Court
The Delhi High Court has ruled that merely because an officer of customs contemplates that a question may arise for consideration, does not mean that the question is “pending” consideration so as to bar the Customs Authority for Advance Ruling (CAAR) from deciding the issue in an application for advance ruling, under Clause (a) of the proviso to Section 28-I (2) of the...
Allahabad High Court Acquits Man Convicted In 2004 For Allegedly Killing 4 Persons Of A Family By Poisoning Them
The Allahabad High Court recently acquitted a person convicted in the year 2004 for allegedly killing 4 persons of a family by mixing poison in their meat as it did not find credible evidence against him. The bench of Justice Ramesh Sinha and Justice Saroj Yadav acquitted one Mohd. Aslam as it noted that though it was painful that four persons of the family were done to death by...
Online Gaming Not Betting/Gambling; Rajasthan High Court Grants Interim Relief to Myteam 11
The Rajasthan High Court has observed that the issue regarding the nature of gaming services provided online is no longer res-integra, adding that such gaming services have been held to be games of skill and not games in nature of betting or gambling. Noting that the matter has been settled in view of the judgments passed by various Courts, the bench of Chief Justice Pankaj Mithal...
Lack Of Infrastructure, Non-Allotment Of Chambers: Shahdara Bar Association Asks Lawyers To Abstain From Work On Friday
Shahdara Bar Association has unanimously resolved to abstain from work on Friday over the alleged lack of infrastructure and non-allotment of chambers at the Karkardooma Court Complex. “…it is unanimously resolved that there shall be a complete suspension of work till the above referred problems are not resolved. All members are requested to abstain from work on 27/01/2023 and members of...
Insurance Company Liable If Ambulance Meets An Accident And Patient Being Shifted For Better Treatment Succumbs To His Ailment: Karnataka High Court
The Karnataka High Court has said that an insurance company is liable to pay compensation to a patient who succumbs to his ailments, when the ambulance in which he is being shifted to a hospital for better treatment meets with an accident. A single judge bench of Justice T.G.Shivashankare Gowda turned down the contention of the National Insurance Company Ltd and upheld the order...
Punjab & Haryana High Court Stays Sohna Bar Association's 'Arbitrary' Cancellation Of Chambers' Allotment
The Punjab and Haryana High Court has stayed the cancellation of the chambers that had been allotted to some young members of the Sohna Bar Association in Gurgaon in April 2022.Hearing a petition challenging the decision, Justice Vinod Bhardwaj issued notice to the high court's Building Committee (Haryana) and Bar Association Sohna. The court listed the matter for hearing on May 08.“In...