News Updates
Manpower and Labour Supply Services Attract 18% GST: AAR
The Telangana Authority of Advance Ruling (AAR) has ruled that the manpower supply or labour supply services by the manpower supply agency fall under SAC 98519 and are taxable at the rate of 18%. The tax has to be paid by the manpower supply agency.The two-member bench of B. Raghu Kiran and S.V. Kasi Visweswara Rao has observed that GST will not be attracted for labour engaged on a...
"Murder Not Premediated": Allahabad High Court Modifies Conviction Of Man Who Caused Death After Being Called 'Kafir'
In a judgment delivered last week, the Allahabad High Court modified the conviction of a murder accused from Section 302 IPC to Section 304 Part 1 IPC as it noted that the culpable homicide was committed without premeditation on being called a Kafir (meaning thereby the person who does not believe in religion),The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi modified...
'Jai Bhim' Movie : Madras High Court Quashes Criminal Case Against Actor Suriya And Director Gnanavel Over Alleged Hurting Of Vanniyar Sentiments
The Madras High Court on Thursday quashed criminal proceedings against cine actor Suriya and director TJ Gnanavel for allegedly hurting the sentiments of the Vanniyar community in his movie Jai Bhim.Justice N Sathish Kumar allowed the petition filed by the actor and the director to quash the FIR filed by Velachery Police on a complaint by Advocate K Santhosh, president of Rudra Vanniyar Sena....
ITAT Deletes Addition On Excess Gold Belonging To Assessee's Mother
The Visakhapatnam bench of theIncome Tax Appellate Tribunal (ITAT)has deleted the addition of excess gold belonging to the mother of the assessee, who is staying with the assessee as the only daughter, and considered it to belong to the family members of the assessee.The two-member bench of Duvvuru R.L. Reddy (Judicial Member) and S.Balakrishnan (Accountant Member) has held that in the case...
Karnataka High Court Abolishes Anti-Corruption Bureau; Transfers Cases To Lok Ayukta
The Karnataka High Court on Thursday set aside the government notification issued in the year 2016, constituting the Anti Corruption Bureau (ACB) in the state and vesting with it the powers of the Karnataka Lokayukta Police to investigate corruption cases against public servants. A division bench of Justice B Veerappa and Justice K S Hemalekha while pronouncing the order on...
Punjab & Haryana Bar Body Restrains 140 'Advocates' Allegedly Found With Forged & Fabricated Enrollment Certificates From Practising
The Bar Council Of Punjab and Haryana this week restrained 140 people who were practising law from appearing in any court of law after the bar body found them guilty of "possessing forged and fabricated enrolment certificates". Coincidentally, all such persons were practising and appearing before the courts in the same district (Ludhiana) of Punjab. The bar body called it a scam and a...
Supersession Of The Arbitration Clause Must Not Be Inferred Lightly: Delhi High Court
The Delhi High Court has ruled that in view of the principle of 'when in doubt, do refer', as enunciated by the Supreme Court, if there is an arbitration agreement between the parties, which is sought to be negated by a party by citing other provisions of a contract, which requires interpretation of the contract, the Court must lean towards referring the matter to arbitration. The...
Jurisdiction Of Competition Commission Not Excluded Merely Because Actionable Info Relates To A Patent: Delhi High Court
The Delhi High Court has held that the jurisdiction of Competition Commission of India is not ousted merely because the information on which it seeks to initiate an enquiry relates to a patent.A single bench of Justice Yashwant Varma held that so long as the CCI is duly and statutorily empowered to deal with all information which it may receive with respect to actions that may (i)...
ED's Power Under PML Act Rests On The Quartet-Test Of 'Search', 'Seize', 'Proceeds Of Crime' & 'Money-Laundering': Calcutta High Court
In a significant order, the Calcutta High Court on Wednesday explained and deliberated upon the procedure of Search, Seizure of Property & Impounding of Records as provided under Section 17 (1) of the Prevention of Money Laundering Act.The bench of Justice Moushumi Bhattacharya stressed that the power of the Directorate of Enforcement under the PML Act rests upon the quartet-test of...
Arbitrator Cannot Be Appointed Over A 'Dead Cause Of Action' Barred By Law Of Limitation: Gujarat High Court
The Gujarat High Court has held that a party cannot be allowed to seek appointment of arbitrator over a "dead" cause of action or to revive a claim which is barred by the Law of Limitation. "Normally the issue of limitation being question of fact/s and the Law governing the same would be procedural, it would always be open for the Arbitral Tribunal to decide based on the facts that may...
Gujarat High Court Permits 'Idea Cellular' To Submit Soft Copies Of 'Customers Activation Forms' After Originals Destroyed In Fire
The Gujarat High Court has asked the Central Government to sympathetically consider the case of Idea Cellular Limited which is unable to submit physical copies of Customers Activation Forms ('CAF') after the same were destroyed in a fire at its warehouse in 2011.Justice AS Supehia observed: "It is clarified that since the petitioners are not having original physical copy of such forms,...