Vedanta Claimed Unutilized ITC Refund, No Scope For Supplementary Refund Application Based On Fresh Calculation: Orissa High Court

The Orissa High Court has held that Vedanta has claimed the refund of the unutilized input tax credit on account of zero-rated supplies by clubbing up all the transactions relating to three units. There is no scope to insist on consideration of a supplementary refund application based on a fresh calculation made by taking individual unit-wise transactions into account.The division bench headed...

It Is A PAN Which Follows The Jurisdiction And Not The Jurisdiction Which Follows PAN: Bombay High Court

The Bombay High Court ruled that the transfer of PAN is a result of the order transferring jurisdiction and that the PAN follows the jurisdiction rather than the other way around.The division bench of Justice Dhiraj Singh Thakur and Justice Valmiki SA Menezes has observed that after the CIT in Mumbai passed an order on December 19, 2014, transferring the assessment jurisdiction from Mumbai...

Death By Electrocution: Telangana High Court Upholds Compensation To Kin Irrespective Of Negligence By Electricity Department

In an appeal suit, the Telangana High Court confirmed the judgment of the trial court for payment of compensation to the family of deceased who died due to electrocution. The trial Court while relying on the decision of Supreme Court in M.P. Electricity Board v. Shail Kuma & ors. (2002) had observed as: “The liability cast upon the Electricity department is strict liability,...

Section 498-A IPC Nowhere Suggests That It Covers Only Valid Marriage: Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that the provision under Section 498-A IPC covers not only valid marriage but other forms of marriage as well. Interpreting the language under Section 498-A IPC, Justice Nandita Dubey observed- Though it is an admitted position that complainant/respondent No.4 was already married and had a living spouse, when she contracted...

No Promissory Estoppel Involved In Grant Of Temporary Reprieve From Service Tax On Works Contract; Madras High Court

The Madras High Court has dismissed a batch of writ petitions challenging Notification No.6/2015-Service Tax, dated 01.03.2015, which withdrew service tax exemption on services in nature of works contract, as granted under the Mega Exemption Notification No.25/2012-Service Tax, dated 20.06.2012. The bench of Justices S. Vaidyanathan and C. Saravanan observed that “works...

Participation In The Arbitration Proceedings Cannot Be Considered To Be A Waiver Of Section 12(5) Of The A&C Act: Delhi High Court

The High Court of Delhi has held that mere participation in the arbitration proceedings cannot be considered to be waiver of Section 12(5) that provides for ineligibility of arbitrator. The bench of Justices Vibhu Bakhru and Amit Mahajan held that applicability of Section 12(5) can only be waived off by an express agreement and not by the conduct of parties. The Court held that...

Non-Attestation Of Affidavit With Section 34 Application; A Procedural Irregularity; Application Valid: Delhi High Court

The Delhi High Court has ruled that non-attestation of the affidavit accompanying the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) is a mere procedural irregularity. Thus, it cannot be treated as fatal to the institution of the suit, the bench of Justice Neena Bansal Krishna concluded. The Court held that the application cannot be...

Orissa High Court Denies Anticipatory Bail To YouTuber Accused Of Taking Drone Shots Of Puri Jagannath Temple

The Orissa High Court on Thursday, rejected the anticipatory bail application filed by a YouTuber, who is accused of taking drone-shots and capturing photos and videos of the holy temple of Lord Jagannath at Puri. While denying relief to the petitioner, the single judge bench of Justice Chittaranjan Dash said: “It is expected from a law-abiding citizen more particularly from...

‘Cannot Overlook Rights Of Accused Or Convict’: Delhi High Court Asks Trial Court Judges To Show Sensitivity Towards Undertrials

The Delhi High Court has advised trial court judges to pay “special attention” and “show sensitivity” in cases where accused persons are languishing in jails as undertrials and also where they may be rendered remediless.Justice Swarana Kanta Sharma observed that although criminal courts are duty bound to consider rights of the victim, they cannot overlook or brush aside the rights of...

High Court Directs Punjab Govt To Take Decision On Gujarat State Petronet's Representation Against Stalling Of Gas Pipeline Project By Farmers

The Punjab and Haryana High Court Friday directed Punjab government to take a decision on the representation moved by Gujarat State Petronet Limited, a Gujarat government-owned Public Sector Undertaking against the local authorities' failure to extend support in implementation of the Central Government sanctioned Mehsana-Bathinda-Jammu Gas Pipeline Project. A single bench of Justice...

Plea Before Kerala High Court Challenges Appointment Of Calicut University VC M K Jayaraj

A petition has been filed before the Kerala High Court challenging the appointment of the Vice Chancellor of Calicut University, Dr. M.K. Jayaraj. The petition has been filed by Dr. T. Muhammedali, Associate Professor in an aided college affiliated to the Calicut University, for the issuance of the writ of quo warranto against Dr. Jayaraj. Muhammedali has argued that the post of the VC is...

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC

The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband. The case involved a couple who got married in 1983. After a matrimonial dispute between the two, they started living separately in 1993. By way of a...