Owner Of Property Must Follow ‘Manner Provided By Law’ To Dispossess Even An Unauthorized Occupant: Uttarakhand High Court

The Uttarakhand High Court has reiterated that a tenant can be dispossessed of a property only after following due procedure of law and therefore, owner of the property cannot forcibly take away his possession in any manner other than as provided by law. While dismissing the petition filed by the owners, a Single Judge Bench of Justice Manoj Kumar Tiwari added: “Although, it...

No GST Payable On Afforestation Carried Out By Charitable Organisation: Gujarat AAR

The Gujarat Authority for Advance Ruling (AAR) has held that the afforestation carried out by the charitable organisation is exempt from GST.The two-member bench of Amit Kumar Mishra and Milind Kavatkar observed that the activities of mangrove plantations are covered under charitable activity. The applicant is registered under Section 12AA of the Income-tax Act, 1961, as a charitable trust,...

Introduce Biometric System For Employees' Attendance In CSC's Office, Ensure Case Files Reach HC By 10 AM: Allahabad HC To UP Govt

Taking exception to the delay in the arrival of files to the Courts from the office of the Chief Standing Counsel, the Allahabad High Court on Monday directed the Principal Secretary (Law) & LR, UP Govt to introduce the biometric system in the office of CSC, Allahabad within two weeks so as to ensure that the office employees reach in time. The bench of Justice Rohit Ranjan Agarwal...

Law Doesn’t Permit Husband To Take Away Wife's Household Articles, Jewellery Without Her Consent And Knowledge: Delhi High Court

The Delhi High Court has observed that the law does not permit a husband to take away the wife's household articles including jewellery without her consent and knowledge. Observing that no person can be allowed to take law in his own hands with an excuse that the parties are litigating, Justice Amit Mahajan observed:“Only because a complaint of wife in relation to istridhan is pending, does...

Facial Recognition System Does Not Trace Public Movement Through CCTVs, No Mass Surveillance: Hyderabad Police Tells High Court

Hyderabad City Police Commissioner CV Anand has informed the Telangana High Court that ‘Facial Recognition System’ is a standalone tool used to prevent and detect crimes for public safety. The tool is primarily used for identifying suspected terrorist, habitual offenders, dreaded criminals, missing persons, unidentified dead bodies, etc. It is not linked to CCTV cameras installed...

Orissa High Court Monthly Digest: December 2022

Nominal Index Jaga Sarabu v. State of Orissa & Anr., 2022 LiveLaw (Ori) 157 Bijaya Manjari Satpathy v. State of Orissa & Ors., 2022 LiveLaw (Ori) 158 Project Officer, Bharatpur Open Cast Project of Mahanadi Coalfields Ltd. v. Darsani Kumar Sahoo & Anr., 2022 LiveLaw (Ori) 159 Kalandi Charan Barik v. State of Odisha & Ors., 2022 LiveLaw (Ori) 160 JB v. State...

Training, Coaching Services Does Not Come Under ‘Educational Institution’, No GST Exemption Available: Kerala AAR

The Kerala Authority for Advance Ruling (AAR) has ruled that training and coaching services do not come under the definition of "educational institution" to claim GST exemption.The two-member bench of S.L. Sreeparvathy and Abraham Renn S has observed that institutions providing services by way of education as a part of the curriculum for obtaining a qualification recognised by any law for...

Bombay High Court Slams Maharashtra Govt For Using ‘Defunct’ Standards To Test Baby Powder, Trashes COVID Excuse

The Bombay High Court on Tuesday slammed Maharashtra Government’s Food and Administration Department (FDA) for allegedly using defunct standards and taking over 2.5 years for any action against Johnson and Johnson if it believed the baby powder was harmful. “You are supposedly the torch bearers and champions of public health… I will assume the reverse side. That a baby product...

GST Exemption On Hiring Of Goods Transportation Vehicle By GTA: Chhattisgarh AAR

The Chhattisgarh Authority for Advance Ruling (AAR) has ruled that GST is not payable on the hiring of goods transportation vehicles by the Goods Transportation Agency (GTA).The two-member bench of Sonal K. Mishra and Rajesh Kumar Singh has observed that the service by way of giving on hire a means of transportation of goods to the applicant GTA is exigible for the nil rate of GST as...

Assisted Reproductive Technology Act | Enforcing Upper Age Limit On Couples Who Were In The Middle Of Treatment Is Arbitrary : Kerala High Court

The Kerala High Court recently observed that the imposition of age restriction under the Assisted Reproductive Technology (Regulations) Act, 2021 without a transitional provision, is irrational and arbitrary. Thereby, the Court issued the direction that the petitioners who were undergoing ART services as of the date on which the ART Act came into effect (25.01.2022) shall be permitted to...

Misbehaviour With Lady Judge| Allahabad High Court Debars Advocate From Practising In UP Courts, Orders Security For Judge

The Allahabad High Court has debarred an advocate, who misbehaved, insulted, and abused a lady judge posted in a court under the Bulandshahr Judgeship, from practicing law before the UP Courts. The Court has also ordered him to appear in person before HC on January 12.The Bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad passed this order on Monday while dealing with a...

Units Located In J&K Entitled For Central Excise Duty Exemption Prior To 1st July 2017 Liable To Pay GST: J&K & Ladakh High Court

The Jammu and Kashmir and Ladakh High Court has held that units located in Jammu and Kashmir are entitled to central excise duty exemption prior to July 1, 2017, and are therefore liable to pay GST.The division bench of Justice Tashi Rabsdan and Justice Mohan Lal has observed that in terms of the Central Excise regime as it existed prior to July 1, 2017, the units located in Jammu &...