News Updates
Account Statements And IT Returns Relied On By Arbitral Tribunal, Have Evidentiary Value : Delhi High Court
The Delhi High Court has ruled that the arbitral award cannot be set aside on the ground that the material relied upon by the Arbitral Tribunal does not measure up to the standards under the Indian Evidence Act, 1872. The Bench, consisting of Justices Vibhu Bakhru and Amit Mahajan, held that an award passed by the Arbitral Tribunal, by relying upon the Bank Account statements and...
Chhattisgarh High Court Grants Bail To Man Accused Of Sharing Nupur Sharma's Comments On Prophet Muhammad On FB
The Chhattisgarh High Court last week granted bail to Nagendra Patel who has been accused of sharing allegedly provocative comments made by former Spokesperson of the BJP, Nupur Sharma on Facebook against Prophet Muhammad.The bench of Justice Rajani Dubey ordered Patel's release on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to...
Allahabad High Court Orders DNA Test In A Murder Trial To 'Unearth Truthfulness' Of Prosecution's Case
In a significant order, the Allahabad High Court has allowed conduct of DNA Test in a murder trial as it noted that the same was in the interets of justice to unearth the truthfulness of the prosecution's case.However, the bench of Justice Gautam Chowdhary did stress that the DNA test should not to be directed as a matter of routine and in only deserving cases where a strong prima facie case...
CBIC Issues Advisory For AEM For Delayed Bill Of Entry Under Faceless Assessment
The Central Board of Indirect Taxes and Customs (CBIC) has issued the advisory for the Anonymised Escalation Mechanism (AEM) for delayed Bill of Entry under Faceless Assessment. The Board has endeavoured to provide an anonymized escalation mechanism for ICEGATE registered users where they can submit their grievance for delay in Bill of Entry clearance under faceless assessment....
Service Of Preparation Of Scalp, Fitment And Maintenance Of Wig- Indivisible Contact: Madras High Court
The Madras High Court has held that the primary activity is the manufacture of the wig, for which the central excise duty is remitted. The fitment of the wig, including the preparation of the scalp and optional maintenance of the wig itself, is incidental to the manufacturing and supply of the wig.The single bench of Justice Anitha Sumanth has relied on the decision of the Supreme Court...
Industrial Dispute Act| Person Working in the Capacity of 'Consultant' Cannot Be Deemed 'Workman': Guj HC Quashes Reinstatement Order
The Gujarat High Court has struck down the order of the Labour Court which had held that the Respondent-workman was entitled to reinstatement along with 20% backwages in the Petitioner-institute. The High Court, after perusing, Form No. 16A which pertains to Tax Deducted at Source, concluded that the Respondent was being paid consultant fees and not a salary. The same had been ignored by...
Delhi High Court Weekly Round Up: August 1 To August 7, 2022
NOMINAL INDEXCitations 2022 LiveLaw (Del) 728 TO 2022 LiveLaw (Del) 764NAMANPREET S DHILLON v. STATE 2022 LiveLaw (Del) 728HIMANSHU GOEL v. THE STATE (GOVT. OF NCT OF DELHI) AND ANR. 2022 LiveLaw (Del) 729NATIONAL SMALL INDUSTRIES CORPORATION LTD. v. NATIONAL COMMISSION FOR SCHEDULED CASTES & ORS. 2022 LiveLaw (Del) 730SOUMITRA KUMAR NAHAR v. PARUL NAHAR 2022 LiveLaw (Del) 731ANIL SAMANIYA...
Gujarat High Court Directs CBIC To Refund IGST On Ocean Freight
The Gujarat High Court has directed the Central Board of Indirect Taxes and Customs (CBIC) to refund the Integrated Goods and Service Tax (IGST) on ocean freight within six weeks along with the statutory rate of interest.The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has relied on the decision of the Supreme Court in the case of Mohit Minerals Pvt. Ltd. vs. Union...
Madras High Court Orders Arrests Of Fake Advocate; Directs Publication Of His Photo In Newspapers To Find Out Clients Cheated By Him
The Madras High Court recently ordered enquiry against a fake advocate. The bench of Justice S Vaidyanathan and Justice AD Jagdish Chandra ordered the Commissioner of Police, Chennai City to conduct depute an officer who shall register a case in accordance with the law, arrest the fake advocate, and conduct a thorough investigation. We hereby direct the Commissioner of Police, Chennai City...
Arbitration Cases Weekly Round-Up: July 31 To August 6 , 2022
Supreme Court: Mere Use Of Words "Arbitration" Or "Arbitrator" In A Clause Won't Make It Arbitration Agreement: Supreme Court Case Title: Mahanadi Coalfields Ltd. versus IVRCL AMR Joint Venture Citation: 2022 LiveLaw (SC) 657 The Supreme Court observed that an arbitration agreement should disclose a determination and obligation on behalf of the parties to refer the disputes...
Tax Cases Weekly Round-Up: 31 July To 6 August, 2022
Supreme Court Advise States To Implement Digital DIN System : Supreme Court To Centre & GST Council Pradeep Goyal vs Union of India Citation: 2022 LiveLaw (SC) 654 The Supreme Court has directed the GST Council to issue advisory / instructions / recommendations to the respective States regarding implementation of the system of electronic (digital) generation of a...
Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court
The Madras High Court recently modified a judgment of conviction under the Protection of Children from Sexual Offences (POCSO) Act to one under the IPC after observing that the prosecution had failed to establish the age of the victim at the time of the offence. Justice Bharatha Chakravarthy was dealing with an appeal challenging the judgment passed by the Sessions Judge, Mahila...