Tax Cases Weekly Round-Up: 25 December to 31 December 2022

Delhi High CourtCompensation On Cancellation Of Leasehold Rights Over A Plot, Capital Receipt: Delhi High CourtCase Title: PCIT Versus Pawa Infrastructure (P) Ltd.Citation: 2022 LiveLaw (Del) 1215The Delhi High Court has held that the leasehold rights held by the assessee in the plot were a capital asset and that the compensation received by the assessee from the Government of Goa on...

ADD Not Leviable In Period Between Expiry Of Provisional ADD Notification And Final Notification: Gujarat High Court

The Gujarat High Court has reiterated that imports made during the intervening period between the expiry of the Notification imposing Provisional Anti-Dumping Duty (ADD) and the Notification levying final Anti-Dumping Duty, would not attract Anti-Dumping Duty.The Court dismissed the contention made by the revenue department that since the final Anti-Dumping Duty Notification was issued...

Arbitration Cases Weekly Round-Up: 25 December To 31 December, 2022

Bombay High Court:Correspondence Between Parties Cannot Overrule Clear Intention Under Agreement Providing For Optional Arbitration: Bombay High CourtCase Title: GTL Infrastructure Ltd. versus Vodafone India Ltd. (VIL)The Bombay High Court has ruled that where a clause stipulated that the parties ‘may’ be referred to arbitration, the said clause does not constitute an arbitration...

Dispute Between Service Providers Can’t Be Referred to Arbitration: Bombay High Court

The Bombay High Court has ruled that the Telecom Regulatory Authority of India Act, 1997 (TRAI Act) is a self-contained Code, intended to deal with all disputes arising out of the Telecommunication Services provided in the country and therefore, the dispute between service providers which is likely to affect the consumers/subscribers, cannot be referred to arbitration. Thus, the Court...

JKL High Court Slams Authorities For Denying Passport To Mehbooba Mufti's Mother, Says Passport Authority Can't Act As Mouthpiece of CID

Directing the Passport Officer to consider former J&K Chief Minister Mehbooba Mufti's mother's application for re-issuance of passport afresh, the Jammu & Kashmir and Ladakh High Court on Saturday said that the authority has not to act as "mouthpiece of the CID". It ruled that the police verification report cannot override the statutory provisions of Section 6 of the Passport...

‘Dying Declaration Concocted Document, Ought To Have Been Discarded Outright’ By Trial Court: Bombay High Court Frees Man Convicted Of Wife’s Murder

Disbelieving a woman’s dying declaration due to circumstances surrounding it, the Bombay High Court recently set aside a man’s conviction for murdering his wife. The man was convicted in March 2015.The court noted that there was no explanation for impression of right thumb on the dying declaration instead of the usual left, and no information about whether any sedative was given to her...

Nationalised Banks Insensitive, Lackadaisical Attitude Putting Public Money At Grave Risk: Bombay High Court Pulls Up Bank Of India

The Bombay High Court recently pulled up Bank of India for its ‘lackadaisical attitude’ in dealing with public money, observing that nationalized banks should be made conscious of the fact that their negligence causes a great deal of loss to the public.A division bench of Justice K. R. Shriram and Justice Kamal Khata refused to condone a delay of 579 days in filing a commercial appeal...

Kerala High Court Issues SOP For Real Time Scrutiny Of E-Files From 8 AM To 8 PM

Kerala High Court has issued a Standard Operating Procedure (SOP) for real time scrutiny of e-files. The process involving scrutiny of files from 8 am to 8 pm will be implemented from January 1. For this purpose, three batches of Filing Scrutiny Officers (FSO) having scrutiny time of six hours each will be deployed. The Deputy Registrar/Assistant Registrar in charge of the filing section has...

Best Of 2022- Important Judgments Of Bombay High Court

LiveLaw reported 527 judgements from Bombay High Court in 2022. Here are some of the important decisions:Can't Decide Whether A Film's Material Denigrates A Community Or Not Without A Challenge To Censor Certificate: Bombay High Court Case Title: Hiten Dhirajlal Mehta vs Bhansali Productions Citation: 2022 LiveLaw (Bom) 50 There can be no prohibition on a film's exhibition in...

Difficult To Accept A Widow With Two Children Residing In A Thickly Populated Locality Could Be Forcibly Raped On Several Occasions: Bombay High Court

Finding it difficult to accept that a widow with two children could be raped many times in a thickly populated locality, the Bombay High Court recently quashed an FIR against a man accused of raping a woman.“In fact, there was long standing acquaintance between applicant and accused. It is difficult to accept that a widow with two children residing in a thickly populated residential...

Important Judgments Of Kerala High Court In 2022

LiveLaw reported 671 judgements from Kerala High Court in 2022. Here are some of the important decisions:Kerala High Court Upholds 10% EWS Reservation For Veterinary & Dental Courses Under KEAMCase Title: Vinay Shankar v. Union of India & Ors.Citation: 2022 LiveLaw (Ker) 1The Court upheld the 10% reservation earmarked for Economically Weaker Section (EWS) for Veterinary and Dental...

Telangana High Court Annual Digest 2022 [Citations 1 – 102]

Citations: 2022 LiveLaw (Tel) 1 to 2022 LiveLaw (Tel) 102Nominal IndexKodam Danalakshmi v. State of Telangana 2022 LiveLaw (Tel) 1Bandi Sanjay Kumar v. State of Telangana 2022 LiveLaw (Tel) 2xxxx v. State of Telangana 2022 LiveLaw (Tel) 3President, Healthcare Reforms Doctors Assn., Hyd v. Spl Chief Secy, Health, Medical Family Welf Dept 2022 LiveLaw (Tel) 4Sirpur Paper Mills Limited...