News Updates
Assam Resident Declared ‘Foreigner’ By Nagaon Tribunal: Gauhati High Court Quashes 2018 Decision, Says Tribunal Didn't Consider Material On Record
The Gauhati High Court on Tuesday set aside an order declaring an Assam resident as a foreigner, observing that the Foreigners Tribunal did not take note of the material on record while passing the decision.The division bench of Justice Achintya Malla Bujor Barua and Justice Arun Dev Choudhury relied upon the deposition of the petitioner’s mother and the other materials on record...
Foreigners Can Register Marriages Under Special Marriage Act, Delhi Govt Must Take Steps To Amend Guidelines: High Court
The Delhi High Court has observed that there is no requirement of “at least one party being a citizen of India” for solemnization and registration of marriage of a couple under the provisions of Special Marriage Act, 1954.Justice Prathiba M Singh noted that section 4 of the enactment leaves no doubt that any two persons can seek solemnization of their marriage so long as conditions...
Company Must Be Arraigned As Accused To Prosecute Its Employees As Vicariously Liable: Karnataka HC Quashes Case Over Purchase Of Stolen Jewellery
The Karnataka High Court has quashed criminal proceedings initiated against two employees of Attica Gold Pvt. Ltd, accused of purchasing stolen gold jewellery as the police failed to arraign the company as accused in the case. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Honnegowda and Praveen H K and said “The charge sheet is laid against...
Gold Balas Are Gold Ornaments Having Definite Shape To Be Worn By The Local People: CESTAT
The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has released the gold balas from custody and held that gold balas are gold ornaments having a definite shape to be worn by the local people.The bench of P.K. Choudhary (Judicial Member) has observed that the Gold Control Act of 1968 has already been repealed since 1990. Under the new fiscal policy, the...
Mining Lease Of 999 Years Violates ‘Rule Against Perpetuity’ And Shall Be Void Being Against Public Policy: Jharkhand High Court
The Jharkhand High Court has observed that a mining lease of 999 years amounts to a leave for perpetuity, which is opposed to public policy and is void.A division bench of Justice Shree Chandrashekhar and Justice Ratnaker Bhengra observed,“A period of Nine Hundred and Ninety-Nine years may be construed a period in perpetuity. It may also be considered an indefinite period and a mining lease...
High Court Directs Punjab Govt To Streamline Procedure For Issuing Vehicle Fitness Certificates
The Punjab and Haryana High Court, while disposing of anticipatory bail applications of persons working for the Regional Transport Authority in Punjab’s Sangrur accused of charging bribe amount for giving fitness certificates to commercial vehicles without physical inspection, has directed the Punjab Government to streamline the process of issuance of such certificates. The single...
Taxpayer Cannot Be Compelled To Pay Tax On The Services Rendered By It Twice: Rajasthan High Court
The Rajasthan High Court has held that the taxpayer cannot be compelled to pay tax on the services rendered twice.The division bench of Justice Pankaj Mittal and Justice Subha Mehta ruled that the petitioner's supply of manpower to a company in Rajasthan is either an inter-state transaction subject to CGST+RGST or an intra-state transaction subject to IGST. The petitioner has deposited 18% of...
Karnataka High Court Permits Govt To Convert Balabrooie Guest House Into Constitutional Club After State Says No Structural Modifications Planned
The Karnataka High Court on Tuesday permitted the State government to convert the Balabrooie Guest House, which is home to 150-200 years-old trees, into a Constitutional club. A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi modified its order dated October 7, 2021 by which the court had directed the state government to maintain status quo, until the next...
Breaking| Allahabad HC Denies Relief To Arvind Kejriwal In Case Over Alleged 'Khuda Believers Won't Be Pardoned If They Vote For BJP' Remark
The Allahabad High Court on Monday upheld the Sultanpur Court's order rejecting Delhi CM Arvind Kejriwal's discharge plea filed in connection with a 2014 case registered against him allegedly saying "those who believe in 'Khuda' won't be pardoned by 'Khuda' if they vote for BJP".The bench of Justice Rajesh Singh Chauhan said that it appeared that Kejriwal is threatening the voters in the name...
‘Limitation’ Doesn’t Involve Any “Basic Notions Of Morality Or Justice”, For Setting Aside Award : Bombay High Court
The Bombay High Court has ruled that the ground of limitation, being a mixed question of law and fact, can never be a ground which would involve any “basic notions of morality or justice” for setting aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act). The Court reckoned that the arbitral tribunal had concluded that the claims raised...
Notice Under Customs Act Can Be Issued Only After The Assessment Is Modified On Appeal: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that once an assessment is made, it stands unless it is reviewed under Section 28 of the Customs Act or modified in an appeal.The two-member bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that any assessment can be modified in two ways: first, through...
Consider ‘Sentiments’ Of Mothers Seeking Stay On Release Of ‘Faraaz’ Movie, Try To Resolve Dispute: Delhi High Court To Filmmaker Hansal Mehta
The Delhi High Court on Tuesday asked Bollywood filmmaker Hansal Mehta and two women, who lost their daughters in a 2016 terrorist attack in a Dhaka cafe, to sit together and try to resolve the issue pertaining to the film 'Faraaz'.A division bench of Justice Siddharth Mridul and Justice Talwant Singh was hearing an application moved by the women seeking stay on the release of the movie,...