Time Spent On Application Under Section 8 Of A&C Act, Not Excludable For Computation Of Limitation For Counter Claim: Delhi High Court

The Delhi High Court has ruled that in a suit filed by a party, the time spent by the opposite party in pursuing its application under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act), cannot be excluded for the purpose of computation of the limitation period for filing the counter-claims by the opposite party before the Arbitral Tribunal. The bench of Justices...

Legislation Against Online Gambling Will Be Prepared And Cleared In Three Months: Madhya Pradesh Govt To High Court

Madhya Pradesh government on Wednesday told the high court that a committee of officers, which considered the issue of online gambling, has sought three months time to prepare an appropriate legislation on the subject, and to get it cleared from the legislative assembly.The submission was made before Justice Vivek Agarwal during the hearing of a bail application. The court in July had taken...

'Reflects Upon Entire Police Force': Madras HC Shocked To Learn That Sub-Inspector Hasn't Read Arrest Guidelines In Arnesh Kumar Case

Shocked over the fact that a Police Sub-Inspector had not even read the judgment of Arnesh Kumar v. State of Bihar which provides guidelines on arrest, the Madras High Court observed that the Chief of Police had a duty to ensure that the guidelines reached every police officer.The very casual manner in which the officer replied to our query, as to whether, he had read the judgment in...

CBIC Issues Instructions Regarding Manner of processing and sanction of IGST refunds

The Central Board of Indirect Taxes and Customs (CBIC) has issued instructions regarding the manner of processing and sanctioning IGST refunds withheld in terms of Rule 96(4)(c), which were transmitted to the jurisdictional GST authorities under Rule 96(5) of the CGST Rules.The SOPs for verification of risky exporters and their suppliers, dated January 23, 2020, were issued to CGST and...

Allegations based on assumptions In The SCN : CESTAT Deletes Penalty

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the allegation of clandestine manufacture and removal of finished goods by the Appellant made in the Show Cause Notice was merely based on assumption and presumption.The bench of P.K. Choudhary (a judicial member) has observed that the charge of clandestine clearance is a serious charge, and...

Punjab & Haryana High Court Directs Police To Ensure Safety Of 'Major-Minor' Live-In Couple

The Punjab and Haryana High Court has directed the police to ensure safety of a 22-year-old man and a 17-year-old girl, who are in a live-in relationship.The couple had moved the High Court seeking protection in view of threats received from the private respondents. Justice Gurvinder Singh Gill directed the Senior Superintendent of Police, Ferozepur to consider the representation of...

[Gokulraj Murder Case] Madras High Court Initiates Suo Moto Contempt Proceedings Against Witness For Making False Statement Under Oath

The Madurai bench of the Madras High Court has initiated suo moto contempt proceedings against Swathi, a prime witness to the Gokulraj Murder Case.Gokulraj, a Dalit youth who was 21 year old at the time of his death was abducted from Tiruchengode Arthanareeswarar temple on June 23, 2015. The next day, his body was found with his head severed. It was later found that Gokulraj was killed by...

J&K&L High Court Monthly Digest: November 2022 [Citations 201 - 227]

Nominal Index :Tanzeem Khursheed Zargar Vs J&K Special Tribunal & Ors 2022 LiveLaw (JKL) 201 M/s Swiss Garner Life Sciences & Ors Vs Union of India 2022 LiveLaw (JKL) 202 Tamanna Vs Khushmeela 2022 LiveLaw (JKL) 203 Mst Mugli Begum & Ors vs Financial Commissioner & Anr 2022 LiveLaw (JKL) 204 Shabir Ahmad Ganai Vs Ghulam Mohi Ud Din Wani 2022 LiveLaw...

[Haryana School Education Rules] High Court Refuses Interference With Decision To Withdraw Rule 134A On 10% EWS Quota In Private Schools

Punjab and Haryana High Court, while dealing with a case where the petitioner questioned deletion of Rule 134A of the Haryana School Education Rules, 2003 on the ground that it was not laid before the House of the State Legislature for prior approval which is a requirement under Section 24 of the Haryana School Education Act, 1995, upheld the State Gazette Notification publishing...

BJP MP Pragya Thakur Withdraws Plea Seeking Discharge In Malegaon Blast Case After Bombay High Court Says Trial At Advanced Stage

BJP MP Pragya Singh Thakur and two other accused in the Malegaon 2008 blast case withdrew their petitions pending before the Bombay High Court today, seeking to be discharged from the case. A division bench led by Justice AS Gadkari allowed them to withdraw their petitions. The judge earlier remarked that the trial had reached a very advanced stage for their pleas to be considered....

2013 DSP Jiya-Ul-Haq Murder Case: Allahabad High Court Grants Bail To Accused Who Spent 9 Years In Jail

The Allahabad High Court on Wednesday granted bail to one Manjeet Yadav, who is an accused in the 2013 Deputy Superintendent Of Police Zia-ul Haq Murder Case in view of his long incarceration of 9 years in jail. Essentially, Manjeet Yadav had moved to the High Court with the instant bail plea on the ground that he has been in jail for more than nine years from the date of his arrest,...

Department Is Not Allowed To Travel Beyond The Issues Involved In Limited Scrutiny Cases: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the department is not allowed to travel beyond the issues involved in limited scrutiny cases.The two-member bench of N.K. Choudhary (Judicial Member) and Pradip Kumar Kedia (Accountant Member) have observed that the assessee was selected for limited scrutiny, and the addition in hand does not emanate from the grounds...