News Updates
Independent Candidate Who Joins A Political Party After Elections Will Attract Disqualification : Kerala High Court
The Kerala High Court recently held that when a candidate, who contested elections as an independent contender, subsequently makes a declaration about being a candidate of a party or coalition, the same would attract disqualification on the ground of defection under Section 3(1)(c) of the Kerala Local Authorities (Prohibition of Defection) Act, 1999.Upholding the decision of the State...
'Not An Expert On Medical Science': Delhi High Court Dismisses Plea Challenging NEET-UG 2022's Final Answer Key
Dismissing a candidate's plea challenging the final answer key issued by National Testing Agency (NTA) for National Eligibility-cum-Entrance Test (NEET) Undergraduate Examination, 2022, the Delhi High Court said it is not an expert in the field of medical science to sit over the decision of experts and substitute it with its own wisdom. Noting that final answers are published after experts...
Indian Banking Entities Can't Request "Look Out Circular" For Recovery of Dues Owed To Their Foreign Sister Concerns: P&H High Court
On issuance of Look Out Circulars, the Punjab and Haryana High Court recently held that an LOC could not be requested by Indian banks to recover the dues owed to their foreign sister concerns. Rejecting the argument that these activities affect the economic interest of India, a Division Bench of Justices Ramchandra Rao and Harkesh Manuja held that no adverse effects on the economic interests...
After Centre Says 200-Crore COVID Vaccinations Crossed, Delhi High Court Disposes Of PIL Seeking Door-to-Door Inoculation
Following the Centre's submission that more than 200 crore COVID-19 vaccine doses have been administered across the country, the Delhi High Court has disposed of a Public Interest Litigation seeking a helpline for assistance of those registering for inoculation.A bed-ridden senior citizen had approached the court last year, stating she was at a high risk of getting exposed to the virus if...
Litigant Can't Sue His Advocate For Cheating/ Fraud Merely On Losing Case: Karnataka High Court
The Karnataka High Court has set aside a complaint filed against an advocate by his client under sections 406 (Punishment for criminal breach of trust) and 420 (Cheating) IPC, on the allegation that he did not obtain favourable orders from the Supreme Court in his case. A single judge bench of Justice Suraj Govindaraj allowed the petition filed by K S Mahadevan and said, "An advocate...
SEBI Can't Prosecute Company For Delay After Payment of Dividends: Karnataka High Court
The Karnataka High Court has said that the Securities and Exchange Board of India ("SEBI") has no power to initiate any action against a company or its directors which has defaulted in payment of dividend within 30 days as specified under Section 207 of the Companies Act, 1956, after payment of dividend. A single judge bench of Justice Hemant Chandangoudar allowed a criminal petition...
Karnataka High Court Upholds Levy Of Excise Duty & Calamity Contingent Duty On Tobacco & Its Products
The Karnataka High Court has upheld the decision of the Central Government to impose Excise duty and National Calamity Contingent duty, separately on tobacco and tobacco products. A Single judge bench of Justice M.I.Arun dismissed a batch of petitions filed questioning the imposition of Excise Duty and National Calamity Contingent Duty (NCCD) on the tobacco products being...
Delhi Govt Yet To Constitute State Mental Health Authority Under 2017 Act, Existing Panel Cannot Continue: High Court
Rejecting Delhi government's stand that the State Authority for Mental Health Services constituted under the Mental Health Act, 1987, can continue to function as it is under the Mental Healthcare Act, 2017, the Delhi High Court has said Section 45 of the new enactment required respective state governments to constitute a new body - the State Mental Health Authority [SMHA], within a period of...
CBIC Extends Concessional Custom Duty On Import Of Edible Oil Till March 2023
The Central Board of Indirect Taxes and Customs (CBIC) has extended concessional customs duty on the import of edible oil till March 31, 2023, to keep domestic prices under control.The concessional customs duty on edible oil imports has been extended by another 6 months, which means that the new deadline will now be March 2023. Prices of edible oil have been on a declining trend, driven by a...
Breaking: Bombay High Court Grants Bail To Anil Deshmukh In Money Laundering Case
The Bombay High Court on Tuesday granted bail to former Maharashtra home minister Anil Deshmukh, 73, in a money laundering case being investigated by the Enforcement Directorate. Justice NJ Jamadar had reserved his plea for orders on September 28, 2022 after marathon arguments by Senior Advocate Vikram Chaudhri and Advocate Aniket Nikam for Deshmukh, and ASG Anil Singh for the ED....
Habeas Corpus Plea Can't Be Entertained If Allegation Of Illegal Detention Absent In Missing Person Report: Rajasthan High Court
Disposing of a habeas corpus petition, the Jaipur Bench of the Rajasthan High Court recently said that in absence of an allegation of 'illegal detention' in cases where a 'Missing Person Report' has already been filed, the proper course available would be to approach the concerned magistrate. The petitioner had filed a habeas corpus petition before the Rajasthan High Court under...
Bombay High Court Allows Taxpayer To Utilise Amount Available In Electronic Credit Ledger to Pay Pre-Deposit
The Bombay High Court has held that the taxpayer may utilise the amount available in the Electronic Credit Ledger to pay the 10% of tax in dispute as prescribed under Sub-section (6) of Section 107 of the CGST Act.The division bench of Justice K.R. Shriram and Justice A.S. Doctor restored the appeal on the taxpayer's promise to debit the Electronic Credit Ledger within one week of the order...