Investigation Post Filing Application Would Not Debar Applicant From Seeking Advance Ruling: Telangana High Court

The Telangana High Court has held that the investigation post-filing of the application would not debar the applicant from seeking an advance ruling.The division bench of Chief Justice Ujjal Bhuyana and Justice C.V.Bhaskar Reddy has observed that the word "proceedings" has neither been defined in Chapter XVII nor in the definition clause, i.e., in Section 2 of the CGST Act. The inquiry...

Kerala High Court Reserves Its Order On The Plea moved by Judge Who Passed 'Provocative Dress' Order In Civic Chandran's Case

The Kerala High Court on Tuesday reserved order in the plea moved by the Principle District and Sessions Judge, Kozhikode, challenging his transfer order to the post of Presiding Officer, Labour Court, Kollam, subsequently after passing the 'Provocative Dress' remark in the Civic Chandran's Case.Justice Anu Sivaraman observed that the transfer is not a deputation as it is well within the cadre...

Interface Development Services By BlackRock India - Not An 'Intermediary Service': CESTAT

The Chandigarh Bench of CESTAT has ruled that the services provided by BlackRock India, relating to development of interface for an operating system for investment managers, is not an intermediary service. The Bench of Ajay Sharma (Judicial Member) and P.V. Subba Rao (Technical Member) held that the 'Business Support Services' rendered by BlackRock to its US based clients...

PIL In Rajasthan High Court Seeks Implementation of Manufactured Sand Policy; Notices Issued

The Rajasthan High Court has issued notice on a public interest litigation against alleged inaction of the government in implementation of the Manufactured Sand Policy in the State.Justice Sandeep Mehta and Justice Chandra Kumar Songara were hearing the PIL filed by Dinesh Kumar Goyal and others through Advocate Kuldeep Vaishnav.Notably, as per the Rajasthan Minor Mineral Concession Rules,...

Murugha Mutt Seer Shivamurthy Shivamurthy Sharanaru Moves Chitradurga Court Seeking Anticipatory Bail In Sexual Assault Case Involving Minors

Additional District and Sessions Judge at Karnataka's Chitradurga on Monday issued notice to the prosecution and others in the anticipatory bail application filed by Dr. Shivamurthy Murugha Sharanaru, the pontiff of Murugha Mutt of Chitradurga, accused of sexually abusing two minor girls staying in the hostels run by the Mutt. The accused had approached the court after the police...

Explain How AAI's Decision To Increase Height Limit Of Buildings Near Navi Mumbai Airport Is Illegal: Bombay High Court To Petitioner

The Bombay High Court on Monday asked the petitioner to explain how the Airport Authority of India's (AAI) decision to increase maximum permissible height of buildings near upcoming Navi Mumbai Airport is violative of the law. "If there is breach, then we will remedy breach", the court said and directed the petitioner to file an affidavit pointing out the statutory...

'They Are Ordinary People, Not Criminals': High Court Asks Govt To Look Into Cases Registered Against K-Rail Silverline Protesters

The Kerala High Court on Monday directed the Government to look into the criminal cases registered against the citizens who opposed laying of survey stones for the K-Rail Project. Justice Devan Ramachandran observed that even the Government has realised that a project of this nature cannot be executed without the support and help of the citizenry as a whole which is evident from their...

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court

The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence.In the event that these provisions are wrongly invoked such that they would adversely...

Can't Deny Occupancy Certificate For Constructions Granted Building Permit Prior To S.27A Kerala Conservation Of Paddy & Wet Land Act: High Court

The Kerala High Court recently, while disposing of two Writ Petitions, held that an Occupancy Certificate cannot be denied on the ground that the land where the building is constructed is a paddy land or wetland in respect of a building which was constructed as per a valid building permit issued prior to the coming into force of the amended provisions of the Kerala Conservation of Paddy Land...

Implicitly Admitted Liability Does Not Prevent Reference Of Dispute To Arbitration If Arbitration Agreement Exists: Bombay High Court

Observing that a judicial authority must make a reference to arbitration if even a semblance of dispute exists between two parties who have an arbitration agreement, the Bombay High Court has held that impliedly admitted liability cannot prevent reference of dispute to arbitration. "…if the liability is impliedly admitted, the Arbitrator can be said to be equally empowered to...

Lessee Mining Company Liable To Pay 'Dead Rent' When Unable To Extract Mineral For Non-Availability Of Clearances: Andhra Pradesh High Court

Andhra Pradesh High Court dismissed a writ petition filed by Mangalore Minerals Private Limited for a declaration that the action of the State Government in insisting for payment of dead rent for the period 2013-20, even though the quarry was not in operation for want of environmental clearance, as violative of Articles 14, 19 and 300A of the Constitution of India. The Court...

NCLT Ahmedabad Rejects Resolution Plan Selectively Favoured Creditors

The National Company Law Tribunal ("NCLT"), Ahmedabad Bench, comprising of Shri Madan B Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating a petition filed in M/s. Sansar Texturisers Pvt. Ltd. v M/s. Polycoat India Pvt. Ltd., has declined to approve the Resolution Plan of the Successful Resolution Applicant that breached...