Retrospective Operation Of Govt Order Cannot Be Permitted Particularly Where It Is Merely An Executive Order & Not A Legislation: JKL High Court

The Jammu and Kashmir and Ladakh High Court on Thursday ruled that retrospective operation of a Government Order cannot be permitted particularly where it is merely an executive order, and not a legislation. A bench comprising Justice Waseem Sadiq Nargal observed, "As every Government/executive order by virtue of a policy has prospective operation, it can in no way be...

TRS MLA Poaching Case | Kerala High Court Grants Interim Protection From Arrest To Amrita Hospital Staff

The Kerala High Court on Friday granted interim protection from arrest to the three officials of Amrita Institute of Medical Sciences & Research Centre till December 5 in the TRS MLA poaching case. The petitioners filed an anticipatory bail application in the court as they are apprehending arrest in relation to the ongoing investigation into the whereabouts of Dr Jaggu Kottilil, who is...

GST ITC Is Not Admissible On Amount Paid To Canteen Service Providers, Amount Recovered From The Employees: Uttarakhand AAR

The Uttarakhand Authority of Advance Ruling (AAR) has ruled that the Input Tax Credit (ITC) is not admissible on the amount paid to the canteen service providers and on the amount recovered from the employees.The two-member bench of Rameshwar Meena and Anurag Mishra has observed that the nominal amount of recoveries made by the applicant from the employees who are provided food in the...

'Cannot Be Equated With Regular Recruitment Process': Kerala HC Dismisses PILs Challenging Special Rules For Appointment Of Ministers' Personal Staff

The Kerala High Court on Thursday dismissed a batch of PILs challenging the validity of the appointment of personal staff to the office of the Chief Minister, Ministers, leader of the opposition, and the Chief Whip by the Special Rules of 1959.Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed: to attain good governance and good practices in...

Kerala High Court Upholds MLA Eldhose Kunnappilly's Anticipatory Bail In Rape Case

The Kerala High Court on Friday dismissed the petitions seeking cancellation of Congress MLA Eldhose Kunnappilly's anticipatory bail in the case accusing him of rape and attempt to murder of a woman.Justice Kauser Edappagath observed that: The cancellation of bail is directly linked with the personal liberty which is one of the cherished constitutional freedoms guaranteed under Article 21 of...

[S.498A IPC] Contradictory Dying Declarations Containing Consistent Statements About Abuse Can Be Taken Into Account: Telangana High Court

In a recent decision, the Telangana High Court upheld the conviction of a husband under section 498A of Indian Penal Code despite there being contradictions in the dying declarations as there were consistent statements about abuse and cruelty committed on the wife in all the dying declarations."Both these statements are consistent with regard to the quarrel ensued between the deceased and...

Non-Provision Of Certain Amenities For Disabled Inmate During Short Period Of Incarceration Not A Serious Human Rights Violation: Madras HC

While hearing a disabled lawyer's petition seeking enhanced compensation for alleged human rights violation during his arrest and subsequent time in jail, the bench of Justice R Subramanian and Justice K Kumaresh Babu observed that mere non-provision of certain amenities during a short stay inside the jail shall not amount to human rights violation.The petitioner, Muruganantham is affected...

Recording Of Reasons For Denying Furlough Not An Empty Formality: Bombay HC Directs Prison Dept To Pay Litigation Costs In Blast Convict's Case

In a rare instance, the Bombay High Court recently directed the Superintendent of Amravati Central Prison to pay the legal expenses or the 'cost of a petition' for denying furlough to a 60-year-old blast convict on "stereotyped reasons". "Considering the manner in which the impugned order has been passed, recording some worn out reasons, thereby revealing non-application of mind to...

Findings On Limitation, During Section 16 Proceedings, Can't Be Challenged Under Sec. 34 Of A&C Act: Gujarat High Court

The Gujarat High Court has ruled that the findings of the Arbitrator relating to the issue of limitation, arrived at while dealing with an application filed under Section 16 of the Arbitration and Conciliation Act, 1996 (A&C Act), challenging the jurisdiction of the Arbitrator on the ground that the claims raised by the claimant were barred by limitation, do not constitute an...

Onus To Prove The Goods Were Smuggled Lies On The Department: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the department bears the burden of proving that the goods are smuggled.The bench of Anil Choudhary (a judicial member) has observed that the show cause notice is vague as the valuation of the goods has been done by the Revenue without any relied-upon documents, i.e., copy of any retrieved...

Arbitration Cases Monthly Round-Up: November 2022

Supreme Court: Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court Case Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen Arnold The Supreme Court reiterated that while considering application under Section 11(6) of the Arbitration and Conciliation Act, the dispute with respect to...

Scrap Neither Generated From Manufacturing Nor From Cenvatable Input/Capital Goods, No Excise Duty Payable: CESTAT

The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has observed that excise duty is not payable on scrap, which is neither generated from the manufacturing process nor generated from the cenvatable input or capital goods.The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the Show Cause Notice was baldly...