News Updates
NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench
The Calcutta High Court at circuit bench Jalpaiguri held that an accused who is under detention under provisions of NDPS Act (the Act), cannot be released automatically on statutory bail on the expiry of 180 days which is prescribed under section 36A(4) of the Act until and unless he makes an application either in written or oral form. A Full bench comprising Justices Joymalya...
Bombay High Court Weekly Round-Up: January 16 To January 22, 2023
Nominal Index [Citation 28 - 42]Principal Commissioner of Income Tax v. Maharashtra State Warehousing Corporation 2023 LiveLaw (Bom) 28Clear Media (India) Private Limited v. Deputy Commissioner of Income-tax 2023 LiveLaw (Bom) 29Thomas Cook (India) Limited v. Red Apple Chandrarat Travel 2023 LiveLaw (Bom) 30Sandesh Jedhe v. Union of India 2023 LiveLaw (Bom) 31Sunita Kumari and Ors. v. State...
Payments Made Through Cenvat Account Is Liable To Be Re-Credited If Excise Duty Is Paid In Cash: CESTAT
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that once the duty has been paid in cash, earlier payments made through the Cenvat Account are liable to be re-credited to the Account and no objection that such re-credit was not on the basis of any eligible document can be adopted by the department.The bench of P.K. Choudhary (Judicial Member) has observed that the...
Absconding Of Accused May Reflect Guilty Mind But It Is Not Substantive Evidence Sans Other Incriminating Material Linked To Crime: Guahati HC
The Gauhati High Court has held that an absconding accused reflects guilty state of mind, however, the same cannot be a substantive evidence of his guilt in the absence of other incriminating material linked to the crime.A division bench of Justice N. Kotiswar Singh and Justice Susmita Phukan Khaund further reiterated that confessional statement made by a co-accused cannot be the sole basis...
GST Not Payable On Reimbursement Of Tree Cut Compensation Paid To Farmers By Pure Agent: Karnataka AAR
The Karnataka Authority for Advance Ruling (AAR) has ruled that a pure agent is not liable to pay GST on reimbursement of compensation amounts paid to farmers and landowners.The two-judge bench of M.P. Ravi Prasad and Kiran Reddy T. has ruled that reimbursement of land compensation amounts paid to farmers and landowners during the course of work is subject to GST if the applicant does not...
Administrator Could Not Have Taken Policy Decision After Yes Bank Reconstruction: Bombay HC While Quashing Write Off Of Bonds Worth Over 8000 Crores
The Bombay High Court on Friday set aside Yes Bank’s decision to write of Additional Tier 1 bonds Rs. 8415 Crore value observing that the RBI appointed Administrator could not have taken such a policy decision after the bank already stood reconstituted.A division bench of acting Chief Justice SV Gangapurwala and Justice S. M. Modak, while deciding a batch of petitions filed by the bond...
Music Therapy Cum Vocational Guidance Programme For Prison Inmates Launched By Gujarat State Legal Services Authority
Gujarat State Legal Services Authority has launched "Music Therapy Cum Vocational Guidance/Training" Programme for jail inmates, particularly convicts languishing behind bars for a long time at Sabarmati Central Jail, Ahmedabad.GSLSA has launched the programme under the guidance and stewardship of Justice Aravind Kumar, Patron-in-Chief, Gujarat State Legal Services Authority and Justice...
Delhi High Court Weekly Round-Up: January 16 To January 22, 2023
Citations 2023 LiveLaw (Del) 43 to 2023 LiveLaw (Del) 73NOMINAL INDEXBright Simons versus Sproxil Inc & Anr. 2023 LiveLaw (Del) 43 SANJEEV KUMAR TIWARI v. UNION OF INDIA AND ORS2023 LiveLaw (Del) 44 SUBWAY IP LLC v. INFINITY FOOD & ORS. 2023 LiveLaw (Del) 45 Kuldeep Singh Sengar v. CBI 2023 LiveLaw (Del) 46 M/S JAI SINGH AND CO versus NATIONAL HIGHWAYS AUTHORITY OF INDIA 2023...
Can High Court Transfer Proceeding From One Foreigners Tribunal To Another In Assam? Gauhati High Court Larger Bench To Decide
A Gauhati High Court division bench recently sought a larger bench's decision on the question whether High Court under Article 226 of the Constitution can transfer the proceeding from one Foreigners Tribunal to another Foreigners Tribunal in Assam. It was the case of petitioners that since they are not permanent residents of the districts where the proceedings are pending, their cases...
Karnataka High Court Weekly Round-Up: January 16 To January 22, 2023
Nominal Index: M/s Wipro India Ltd. Versus Assistant Commissioner Of Central Tax. 2023 LiveLaw (Kar) 13 Rashmi Education Trust Vidyaniketan School & Others v. State of Karnataka & Others. 2023 LiveLaw (Kar)14 Ravi @ Kamran Ravi And State of Karnataka. 2023 LiveLaw (Kar) 15 Abdul Majeed And State of Karnataka. 2023 LiveLaw (Kar) 16 Pavan And State of Karnataka....
Promotional Activities Undertaken By Cricketers Are Not Covered Under Business Support Service: CESTAT Quashes Service Tax Demand Against Irfan Pathan and Yusuf Pathan
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand against the international cricketers, Irfan Pathan and Yusuf Pathan.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that the apparel that the appellant had to wear was team clothing, which bears the brand names and marks...
‘Difficult To Comprehend Reasoning, Logic Or Rationale In This Order’: Bombay High Stays IBBI Order Suspending Valuer’s Registration
The Bombay High Court has granted a stay on an order passed by the Insolvency and Bankruptcy Board of India (IBBI) against a Registered Valuer, saying that it was “difficult to comprehend the reasoning, logic or rationale” in the order. A division bench of Justices G S Patel and S G Dige on January 12 stayed the operation of the IBBI order suspending Vishwanatha Prabhu's registration as...