News Updates
Service Tax Refund Can’t Be Denied On Input Services Wholly Consumed Within SEZ: CESTAT
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax refunds cannot be denied on input services that are wholly consumed within the SEZ.The bench of Ajay Sharma (Judicial Member) has observed that Section 26(i)(e) of the SEZ Act, 2005 specifically provides that all services imported into the SEZ to carry out authorized operations in the...
Scale Of Human Displacement Beyond Imagination, Labelling People As ‘Encroachers’ & Deploying Bulldozers No Solution: Bombay High Court
Merely labelling people as “encroachers” and “deploying bulldozers” is not the solution as the scale of human displacement is beyond imagination, the Bombay High Court said in an interim order, while calling for a more considerate approach to address the issue of alleged encroachments.The division bench of Justice Gautam Patel and Justice Neela Gokhale disapproved of the manner used...
GST Dept. Empowered To Detain Vehicle And Seize The Goods: Calcutta High Court Upholds Penalty
The Calcutta High Court has held that the GST department was lawfully permitted to impose a penalty under Section 129 as well as the SGST as the goods were found to be detained in the territory of the state.The bench of Justice Bibek Chaudhuri has observed that Section 129 of the Central Goods and Services Tax Act, 2017, empowers the statutory authority to detain the vehicle and seize the...
Accused Can't Choose Place Of Prosecution By Taking Refuge Of Unfounded Security Apprehensions: JKL High Court
The Jammu and Kashmir and Ladakh High Court has dismissed a petition filed by social activist Prof. SK Bhalla seeking transfer of a defamation complaint, filed against him by a journalist in Doda, to Jammu.The bench of Justice M A Chowdhary said that an accused cannot be allowed to have a place of his choice to be prosecuted by taking refuge of unfounded personal security...
Bombay High Court Dismisses Plea Seeking Uniform Rules & Safety Measures For Ganpati Utsav Celebrations
The Bombay High Court recently dismissed a petition seeking uniform rules and safety measures for public gathering for the celebrations of Ganpati Utsav.A division bench of acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne observed that the petition has not suggested any safety measures."In the Writ Petition, not a single instance is narrated, as to how the safety measures...
NSE Co-Location Case: Supreme Court Dismisses CBI's Challenge To Default Bail Granted To Chitra Ramkrishna
The Supreme Court refused to interfere with the statutory bail granted to former CEO of National Stock Exchange Chitra Ramkrishna by the Delhi High Court in the co-location Scam case being probed by the Central Bureau of Investigation.A Bench of Justices Ajay Rastogi and Bela M Trivedi, in the order, said, “The Present petition has been filed assailing the order of the High Court...
Match-Maker Cannot Be Charged With Cheating If Groom Allegedly Illtreated Bride: Bombay High Court
A match-maker, who praised the groom before the prospective bride’s family, cannot be charged with cheating merely because the man allegedly treated the woman badly and is now accused of domestic violence, the Bombay High court observed.A division bench of Justices Revati Mohite Dere and Prithviraj Chavan quashed the FIR against the matchmaker, a senior banker, booked along with the husband...
Supreme Court Refuses To Entertain Writ Petition Challenging Rampur Bye-Elections
The Supreme Court on Monday refused to entertain a writ petition seeking to declare the Bye-Election of 37, Rampur Assembly Constituency as void, and the election process as illegal. The matter was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. The petition argued that it had been filed against the "atrocities done...
A Woman Facilitating Act Of Rape With A Group Of People May Be Prosecuted For 'Gang Rape' U/S 376D IPC: Allahabad High Court
The Allahabad High Court has observed that a woman can not commit the offence of rape but if she facilitates the act of rape with a group of people then she may be prosecuted for 'Gang Rape' under Section 376D Of IPC in view of the amended provisions.Perusing the provisions of Section 375 and 376 IPC (as amended by Act 13 of 2013 of the Indian Penal Code, 1860), the bench of Justice Shekhar...
Inquiry Not Required Once Delinquent Employee Admits Misconduct, Cannot Claim Violation Of Natural Justice: Punjab & Haryana High Court
The Punjab and Haryana High Court, while disposing of two writ petitions filed by terminated employees of the Shiromani Gurudwara Parbhandhak Committee, has ruled that once an employee admits to his misconduct or guilt, such employee cannot invoke the non-observance of principles of natural justice or absence of an inquiry at a later stage. The single bench of Justice...
Order XXVI Rule 9 CPC | Application For Appointment Of Local Commissioner Can Be Made Even Before Commencement Of Trial: Karnataka HC
The Karnataka High Court has made it clear that an application made for appointment of a Commissioner for local inspection under provision Order XXVI Rule 9 of the Code of Civil Procedure, can be made either before the commencement of the trial or after.A single judge bench of Justice Anant Ramanath Hegde said “The provision is not ‘stage’ centric. Thus the provision can be invoked...
Religious Conversion Case: Allahabad High Court Grants Protection Against Coercive Action To 'SHUATS' VC Till Feb 15
The Allahabad High Court last week granted interim protection against coercive action to the Vice Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) (Dr.) Rajendra Bihari Lal in connection with a mass religious conversion case.The bench of Justice Manju Rani Chauhan passed the order in an anticipatory bail...