News Updates
Road Construction Services Are Excluded From The Taxable Service: CESTAT Quashes Service Tax Demand
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the demand for service tax and held that the service provided for road construction is excluded from the taxable service, namely "Commercial or Industrial Construction Service."The two-member bench of Ramesh Nair (Judicial Member) and Raju (Accountant Member) has observed that the appellant...
Transgender Person Convicted For Sexual Offence Committed Before Sex Change
A transgender person has been convicted by a Kerala Court for sexually abusing a 16 year-old-boy in 2016. The Special Judge of the Fast Track Special Court (POCSO), Thiruvananthapuram Aaj Sudarsan sentenced the convict to a rigorous imprisonment for a period of seven years for the offence punishable under Section 377 IPC. The Court in this case perused Section 377 of the Indian Penal Code....
'Every Passing Hour Critical': Calcutta HC Allows 16-Yr Old Rape Survivor On Life Support To Medically Terminate 23 Weeks Pregnancy
The Calcutta High Court on Tuesday allowed a 16 year old rape survivor on life support to medically terminate her foetus of over 23 weeks to ensure her physical well-being. The petitioner, a 16 year old girl, is a rape survivor. An FIR was lodged in the matter at the concerned police station under provisions of the POCSO Act, 2012.Following a cardiac arrest on December 27, 2022, she was put...
‘Mini Trial Held, Special Court Went Into Question Of Possibility Of Conviction’: Gauhati High Court Sets Aside Order Discharging Akhil Gogoi In UAPA Case
The Gauhati High Court on Thursday set aside a trial court order discharging Assam MLA Akhil Gogoi in a UAPA case registered against him and others in 2019 by National Investigation Agency (NIA) in connection with the protests against Citizenship Amendment Bill. The division bench of Justice Suman Shyam and Justice Malasri Nandi last month had reserved its decision on the appeal moved by...
Allahabad HC Initiates Suo Moto Contempt Proceedings Against An Advocate Who Misled Court To Obtain Favourable Bail Order
The Allahabad High Court on Thursday initiated suo moto criminal contempt proceedings against an advocate who misled the court to obtain a bail order. The bench of Justice Dinesh Kumar Singh passed this order against Advocate Parmanand Gupta after finding that he obtained a favorable order for his client concealing the fact that another bail plea had earlier been rejected by another...
Ensure Strict Compliance Of SOP On Accepting Electronic Copies Of Driving Licences, Other Documents: High Court To Delhi Govt
The Delhi High Court on Thursday directed the Delhi Government to ensure strict compliance of Motor Vehicle Act, 1988 and subsequent amendments made in the enactment. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also called for strict compliance of a standard operating procedure (SOP) issued by Ministry of Road Transport and Highways on December 17,...
In Cases Of Discrepancy With Regard To Identity Of Land, Boundaries Mentioned In Sale Deed Would Prevail: Madhya Pradesh High Court
The Madhya Pradesh High Court recently reiterated that in cases where there is discrepancy between parties with respect to the identity of the land, then the boundaries mentioned in the sale deed executed by them would prevail. The bench comprising Justice G.S. Ahluwalia observed that in such cases, the onus is on the aggrieved party to get a rectification deed executed- It is...
Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC
The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has been empowered...
Mizoram Govt Must Record Reasons If It Disagrees With Recommendation To Grant OBC Status To Resident Gorkhas: Gauhati High Court
The Gauhati High Court today said that the Mizoram Government may disagree with the recommendation made by its Permanent Body to grant OBC status to Gorkhas, whose parents and grandparents are resident in the State of Mizoram prior to 26th January, 1950.The division bench of Chief Justice (Acting) N. Kotiswar Singh and Justice Soumitra Saikia however said that the State will have to...
What Is The Scope Of Limitation In Suit For Specific Performance Where No Time Was Mentioned For Execution Of Sale Deed? MP High Court Answers
The Madhya Pradesh High Court recently held that the limitation period in a suit for specific relief with respect to a sale deed, where no time was mentioned for its execution, would commence from the date it comes to the notice of the Plaintiff that specific performance is being refused to them by the Defendant. After perusing the jurisprudence laid down by the Apex Court in...
High Court Seeks Delhi Police's Stand On PIL Alleging Non-Invocation Of IT Act In Cyber Crime Cases
The Delhi High Court has asked Delhi Police to respond to a public interest litigation which alleges that its officials fail to invoke provisions of Information Technology Act, 2000 while registering cases related to cyber crimes.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a PIL moved by Ananya Kumar, a Ph.D. scholar doing research on...
Delhi High Court Grants Bail To CA In Money Laundering Case Against Shakti Bhog
The Delhi High Court has granted bail to the Auditor of M/s Shakti Bhog Foods Ltd in the money laundering case filed by the Enforcement Directorate (ED) against the company. The ED had opposed the bail application, alleging that the company’s Internal Auditor Raman Bhuraria was the mastermind of the whole operation. Observing that no satisfactory explanation has been given by the...