Cenvat Credit On Group Mediclaim Policy Cannot Be Disallowed: CESTAT

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the cenvat credit on group mediclaim policy cannot be disallowed.The two-member bench of P.K. Choudhary (Judicial Member) has observed that the insurance policy was taken by the Appellant for its factory employees. The appellant is registered under the Employees State Insurance Act, 1948...

Interest Leviable On Belated Remittance of GST Even If Credit In Cash/Credit Ledgers Is Available: Madras High Court

The Madras High Court has ruled that interest on late GST remittances is levied even if credit in electronic cash or credit ledgers is available. The single bench of Justice Anitha Sumanth has observed that unless an assessee actually files a return and debits the respective registers, the authorities cannot be expected to assume that available credits will be set-off...

Limitation To Be Counted From The Date Of Preparation Of Certified Copy, Not Delivery : NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Alok Srivastava (Technical Member), while adjudicating an appeal filed in Wadhwa Rubber v Bandex Packaging Pvt. Ltd., has dismissed the appeal for being time barred while observing that limitation is to be counted from the date of preparation of...

Non-Availability Of Original Agreement Is Not Material When The Parties Do Not Dispute The Existence Of The Agreement: Allahabad High Court

The Allahabad High Court has held that an application under Section 8 of the A&C Act cannot be rejected merely because the original agreement or its certified copy was not on record when the parties do not dispute the existence of the agreement. The Bench of Justice Salil Kumar Rai held that a joint reading of Section 8 with Section 7(4) of the A&C Act leads to the...

Kerala High Court Weekly Round-Up: August 29 - September 4, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 456-472]Rubber Wood India Pvt Ltd & Ors v. Manojkumar P.S. & Ors. and Rubber Board v. Manojkumar P.S. & Ors. 2022 LiveLaw (Ker) 456James Robert Edward Peirce & Ors. v. Anna Mathew & Ors. 2022 LiveLaw(Ker) 457Usha Rajan v. Tripunithura Municipality & Ors. and S. Umesh Shenoy v. Tripunithura Municipality & Ors. 2022...

Sec 125 CRPC | Major Son Or Daughter Not Entitled To Maintenance, Except When A Statute Or Personal Law Comes To Aid: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that a major son or daughter cannot be awarded maintenance by a Magistrate in exercise of his powers under Section 125 of CR.P.C but in an appropriate case, a Family Court has jurisdiction to grant maintenance to a major Hindu daughter on the basis of a combined reading of the provisions contained in Section 125 of the Cr. P....

President Appoints Justice M. Duraiswamy As The Acting Chief Justice Of Madras High Court

The President has appointed Justice M. Duraiswamy, senior-most Judge of the Madras High Court as Acting Chief Justice with effect from September 13, 2022, consequent upon the retirement of Chief Justice Munishwar Nath Bhandari.The notification issued in this regard reads thus:"In exercise of the power conferred by Article 223 of the Constitution of India, the President is pleased to appoint,...

Unmanned Barricades Cases Can Be Immediately Reported On Helpline, Twitter: Delhi Police Informs High Court

The Delhi Police informed the Delhi High Court on Monday that it has issued a new standing order directing that the matters relating to unattended barricades can be immediately reported on 112 helpline or Twitter by tagging social media handles of the city police and the traffic department. A division bench comprising of Justice Mukta Gupta and Justice Anish Dayal called the said proposed...

Commercial Court Cannot Be Regarded As A "Person Or Institution" Under Section 11(6) Of The A&C Act: Bombay High Court

The Bombay High Court has ruled that the jurisdiction and power of the High Court in relation to the appointment of an arbitral tribunal under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), has not been divested by the Commercial Courts Act, 2015. The Court added that the term "all applications or appeals arising out of such arbitration", as provided under...

Certificate Issued By Arya Samaj Alone Doesn't Prove Marriage: Allahabad HC Takes Dim View Of Its Way Of Organising Marriages

The Allahabad High Court recently took a dim view of the way Arya Samaj organizes marriages as it observed that the 'Samaj' has misused their beliefs in organizing the marriages without even considering the genuineness of documents.The bench of Justice Saurabh Shyam Shamshery further held that the certificate issued by Arya Samaj alone doesn't prove the legality of a marriage. With this,...

Karnataka High Court Monthly Digest: August 2022 [Citation 296-343]

Nominal Index: NINGARAJU N v. OFFICIAL LIQUIDATOR OF M/S INDIA HOLIDAY (PVT) LTD. 2022 LiveLaw (Kar) 296 Suo-Motu v. The State Of Karnataka. 2022 LiveLaw (Kar) 297 AMIT GARG v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 298 DIVYA RAJESH HAGARAGI v. STATE OF KARNATAKA. 2022 LiveLaw (Kar) 299 IMRAN SIDDIQUI v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 300 George...

J&K&L High Court Weekly Roundup: 29 August To 4 September, 2022

Nominal Index :Rishi Sharma Director Haustus Biotech Vs Drug Inspector 2022 LiveLaw (JKL) 122Union of India Vs M/S D. Khosla Co & Ors 2022 LiveLaw (JKL) 123 National Highway Authority of India Vs Ali Mohammad Dar & 2022 LiveLaw (JKL) 124 Waqar Ahmad Dar Vs UT of J&K 2022 LiveLaw (JKL) 125 M/S JK Stationers Vs State of J&K 2022 LiveLaw (JKL) 126 Farooq...