Arbitrator Is A Creature Of Contract & Hence Cannot Supercede It By Any Means : J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that an arbitrator is creature of the contract between the parties and, therefore, if he ignores the specific terms of the contract, it would be a question of jurisdictional error, which could be corrected by the Court under Section 30 of J&K Arbitration Act, 2002 and for that limited purpose the agreement is required to...

Interim Custody Of Conveyance/Vehicle Seized Under NDPS Act Can Be Granted U/S 451 & 457 CrPC: Allahabad High Court

The Allahabad High Court has observed that the Magistrate/Special Judge, NDPS Act has the power to consider the application for the interim custody of the conveyance/ vehicle (seized under the NDPS Act) under the provision of Section 451 and 457 of Cr.P.C."A perusal of Section 36- C and 51 of the NDPS Act indicates that the provisions of Cr.PC. so far as, they are not in contradictions with...

Delhi High Court Allows Deduction To PVR On Difference Between Market Price & Issue Price Of ESOP

The Delhi High Court has allowed the appeal of PVR Ltd. and allowed the deduction on the difference between the price at which stock options were offered to employees of the appellant company under ESOP and ESPS and the prevailing market price of the stock.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has relied on the decision of the Karnataka High...

Abetment Of Suicide: P&H High Court Acquits Woman Accused Of Slapping Husband, Asking Him To Die Anywhere

Punjab and Haryana High Court recently acquitted a woman convicted by the trial court for slapping her husband and asking him to die anywhere, thereby abetting his suicide. The court considered that the alleged crime was witnessed only by the parents of the deceased, who did not stand the scrutiny of cross-examination on material allegations of constant matrimonial dispute and harassment...

Mandatory Deposit U/S 35F Of Excise Act Cannot Be Made By Way Of Debit In Electronic Credit Ledger Maintained Under CGST Act: CESTAT

The Allahabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that a mandatory deposit under section 35F of the Excise Act cannot be made by way of debit in the Electronic Credit Ledger maintained under the CGST Act.The two-member bench headed by Dilip Gupta (President) and P. Anjani Kumar (Technical Member) has observed that as per the provisions...

Delhi Riots: Congress Leaders Sonia Gandhi, Rahul Gandhi Oppose PIL In Delhi High Court Over Alleged Hate Speeches

Congress Leaders Sonia Gandhi and Rahul Gandhi have opposed a public interest litigation seeking registration of FIR against them for alleged hate speeches given during the anti CAA-NRC protests which led to the 2020 Delhi riots.The Congress leaders filed their replies before the Delhi High Court opposing a PIL filed by NGO Lawyers Voice which also sought constitution of an independent SIT...

Re-assessment Order Passed Without Considering Detailed Reply Of The Assessee: Delhi High Court

The Delhi High Court held that the significance of issuing a show cause notice prior to issuing a re-assessment notice has been lost because the order under Section 148A(d) of the Income Tax Act was made without taking into account the detailed reply filed by the assessee.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh has observed that the department has not...

Gauhati High Court Refuses To Stay Mobile Internet Restrictions During State Recruitment Exams

The Gauhati High Court rejected the prayer for interim orders in a plea challenging notification dated 18.08.2022 temporarily suspending mobile internet connectivity during State recruitment examination.The impugned order was issued by the Principal Secretary to the Government of Assam, Home and Political Department, invoking the power conferred under the Temporary Suspension of...

'Consent' As Per 7 Descriptions U/S 375 IPC Is Imperfect, 'Pushed To The Wall' Consent For Invasive Sexual Acts & Not An Informed Expression Of Free Will: Calcutta HC

The Calcutta High Court recently deliberated over the role of consent (or its absence) to constitute the offence of Rape as defined under Section 375 of IPC and punishable under Section 376 of IPC. Stressing that the predominance of "consent" (or its absence) is the defining feature of the offence of rape in section 375, the bench of Justice Moushumi Bhattacharya and Justice Ajoy Kumar...

If Assessee Disputes Interest Liability Then Dept. Has To Follow Procedure Laid Down u/s 73 or 74 of the CGST Act: Jharkhand High Court

The Jharkhand High Court has held that if any assessee disputes the liability of interest under Section 50 of the CGST Act, then the department has to follow the specific procedure as stipulated under Section 73 or 74 of the CGST Act.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the department failed to follow the procedure as enshrined...

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...