Process Of Crushing And Screening Of Iron Ore Are Classified As Iron Ore Fines: CESTAT Allows Benefit Of Exemption From Payment Of CVD

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the benefit of exemption from payment of countervailing duty (CVD) on the grounds that the process of crushing and screening of iron ore is classified as iron ore fines.The two-member bench headed by Justice Dilip Gupta (President) and C.J. Mathew (Technical Member) has held that iron...

Appointment Of Law Officers At Advocate General's Office Not Public Employment, No Reservation For Such Professional Engagements: MP High Court

The Madhya Pradesh High Court recently upheld its decision to dismiss a petition seeking reservations in appointment of Law Officers at office of the Advocate General. The Court observed that such an appointment is an engagement of a professional by the State Government for a professional fee, whereas reservations contemplated by Article 16(4) of the Constitution are limited in...

No Telephone Facility For Terror Accused: Maharashtra Prisons To Bombay High Court In Gautam Navlakha's Plea For Video Calling Facility

Opposing Journalist Gautam Navlakha's plea for video calling facility, the Maharashtra State's prison department informed the Bombay High Court that undertrials and convicts imprisoned under terror related offences under UAPA, MCOCA, sedition and naxalism are ineligible for even regular telephone calls. However, the accused can continue to write letters and meet family members and...

Rajya Sabha MP Wilson Writes To Union Minister Seeking Establishment Of Regional Benches Of TDSAT

Rajya Sabha MP P. Wilson recently wrote to the Minister of Communications Electronics and Information Technology Mr. Ashwini Vaishnaw seeking establishment of regional benches of Telecom and Dispute Settlement and Appellant Tribunal (TDSAT). He claimed that TDSAT was constituted to create a specialised appellate tribunal to adjudicate "any dispute" arising between a licensor and a licensee,...

Proceeding To Demolish 'Encroachment' After 20 Yrs Laudable But Ascertain Liability Of Guilty Officials: Allahabad HC To UP Govt

The Allahabad High Court on Tuesday said that the Uttar Pradesh government's act of proceeding to remove the 20-year-old alleged encroachment is laudable, but, the state government will also have to ascertain the liability/guilt of officials who did not ensure that Gaon Sabha property is not encroached.The bench of Justice Abdul Moin was essentially dealing with the plea of one Mahesh...

"Minor Couples Shouldn't Enter Into Institution Of Marriage; Pained That Children Indulge In Such Relations": Allahabad High Court

"The age of 15-16 years or below 18 years is not the age where any young couple should enter into the institution of marriage," the Allahabad High Court observed recently as it granted bail to a man accused of raping a minor girl taking into account the larger interest of the child born out of their consensual relationship.The Bench of Justice Rajesh Singh Chauhan however clarified that the...

"Maintain Peace During TMC Martyrs' Day Rally, Ensure No Untoward Incident Takes Place": Calcutta High Court Directs State Govt

The Calcutta High Court has directed the State Police to ensure that peace and law and order is maintained during Trinamool Congress' (TMC) Martyrs' Day rally in Kolkata in which lacs of people are expected to gather.The bench issued this order on a Public Interest Litigation (PIL) plea moved by one Nabendu Kumar Bandyopadhyay, seeking a protective order from the Court by submitting that...

NCLT Mumbai Initiates Insolvency Proceedings Against Future Retail Ltd., Rejects Amazon's Intervention Plea

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in Bank of India v Future Retail Ltd., has initiated Corporate Insolvency Resolution Process ("CIRP") against Future Retail Ltd. and has appointed Mr. Vijay Kumar V Iyer as the Interim...

Failure Of Treatment Is Not Prima Facie A Ground For Medical Negligence; SCDRC Delhi

The bench of State Commission comprising Justice Sangita Dhingra Sehgal (President) and Sh. Rajan Sharma, Member has observed that, the hospital gave appropriate treatment to the patient free of cost, which includes daily dressing and medication even after her discharge from the hospital. Looking into the aforesaid events, it is clear that the hospital had exercised due care and caution...

Section 438 CrPC Nowhere Indicates That A Proclaimed Offender Is Barred To File Anticipatory Bail Plea: Allahabad High Court

Hinting that a proclaimed offender may also move an anticipatory bail plea, the Allahabad High Court has observed that Section 438 of CrPC doesn't say that a proclaimed offender would be barred to file such a plea.The bench of Justice Rajesh Singh Chauhan further observed that Section 82 CrPC (Proclamation for person absconding) neither creates any rider nor imposes any restrictions in...

Pre-Grant Opponent Cannot Be Kept In Dark About Developments In Examination Process Of Patent Application: Delhi High Court

The Delhi High Court has held that the proceedings in a pre-grant opposition and simultaneous examination of a patent application cannot result in a situation where the pre-grant opponent is kept in dark about the developments taking place in the examination process of a patent application.A single judge bench of Justice Pratibha Singh observed,"For example, when amendments are filed by...

S.245(2) CrPC | Magistrate's Power To Discharge Accused "At Any Previous Stage" Of Case Means Stage At Which Cognizance Is Taken By Court: Madras HC

While discussing the power of the court to discharge an accused under Section 245(2) of the CrPC, the Madras High Court recently observed that the words "at any previous stage" used in the provision would mean the stage from when the Magistrate takes cognizance of the case. The court thus set aside the order of discharge of Judicial Magistrate, Special Court Customs after observing that...