News Updates
Courts Can't Enter Into Merits Of Selection Process Unless Selection Committee Has Been Malafide Or In Violation Of Statutory Rules: Delhi High Court
The Delhi High Court has held that it is not within the domain of the Courts, sitting in judicial review, to enter into the merits of a selection process, a task which is the prerogative of and in the expert domain of a Selection Committee. A division bench of Justices Sanjeev Sachdeva and Tushar Rao Gedela observed that it cannot act as an Appellate Authority and substitute its own opinion...
Consensual Physical Acts Cannot Be Taken As Defense If Girl Is Below 18 Yrs Of Age: Telangana High Court Upholds POCSO Conviction
The Telangana High Court has reiterated that the defense that acts of physical relationship was consensual between the accused and victim girl cannot be considered where the age of the girl was below 18 years.Stating thus, a single bench of Justice K. Surender dismissed an appeal challenging conviction under the Protection of Children from Sexual Offences Act, 2012. The appellant...
Simultaneous Prosecution Of Accused U/S 420 IPC & S.138 NI Act On Same Set Of Facts Not "Double Jeopardy": J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the test to ascertain and uphold the fundamental right against "double jeopardy", which is guaranteed under Article 20(2) of the Constitution, is that whether the former offence and the offence now charged have the same ingredients in the sense that the facts constituting the one are sufficient to justify a conviction of the other...
Vessel Support Services Provided In Relation To Foreign Vessels Sailing To Other Countries Falls Under "Export of Services": AAR
The Tamil Nadu Authority of Advance Ruling (AAR) has ruled that the vessel support services provided in relation to foreign vessels sailing to other countries outside India fall under "export of services" as per Section 2(6) of the IGST Act, as the "place of supply" in such cases is entirely "outside India". The two-member bench of T.G.Venkatesh and K.Latha has observed that if...
JJ Act | Child In Conflict With Law Can Seek Anticipatory Bail U/S 438 CrPC: Bombay High Court
The Bombay High Court has held that a child in conflict with law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) can file an application under Section 438 of CrPC, seeking anticipatory bail.A division bench of Justices Sarang Kotwal and Bharat Deshpande observed,"When a child in conflict with law is apprehended, his liberty is curtailed. Section 438 of...
GST Payable On Supply Of Medicines, Consumables Used For Providing Health Care Services To Out-Patients admitted To The Hospital: AAR
The Tamil Nadu Authority of Advance Ruling (AAR) has ruled that the supply of medicines and consumables used in the course of providing health care services to outpatients admitted to the hospital for diagnosis, medical treatment, or procedures is not a composite supply. As a result, it is subject to GST. The two-member bench of T.G.Venkatesh and K.Latha has ruled that the supply...
SFIS Credit Does Not Constitute Taxable Income: ITAT Delhi
The Delhi Bench of ITAT has ruled that the credit received by the assessee under the "Served From India Scheme" (SFIS) is not in the nature of income and that it does not constitute taxable income under Section 2(24) (xviii) of the Income Tax Act, 1961. The Bench, consisting of Yogesh Kumar US (Judicial Member) and Dr. B.R.R. Kumar (Accountant Member), observed that the SFIS credit...
No GST Payable On Scanning And Processing Of Results Of Examinations: Andhra Pradesh AAR
The Andhra Pradesh Authority of Advance Ruling (AAR) has ruled that GST is not payable on the scanning and processing of results of examinations.The two-member bench of D. Ramesh and RV Pradhamesh Bhanu has observed that the printing of pre-examination items like question papers, OMR sheets (Optical Mark Reading), and answer booklets for the conducting of an examination by...
Plea In Supreme Court Seeks Permission To Worship Shivling Said To Have Been Found In Gyanvapi Mosque
A writ petition has been filed in the Supreme Court to allow the performances of religious rituals at the place where a Shivling was found in the premises of the Gyanvapi mosque during its survey. The petition has been preferred by Rajesh Mani Tripathi who is the President of the Krishna Janma Bhumi Mukti Dal."Applicant wishes to perform their religious practices as guaranteed under...
Amendment To Section 34 Application Of The A&C Act Would Not Be Permissible If It Intends A New Challenge: Bombay High Court
The Aurangabad Bench of Bombay High Court has held that an amendment to the application under Section 34 of the A&C Act would not be allowed if it leads to absolutely new grounds to challenge the award. The Single Bench of Justice Mangesh S. Patil held that in an appropriate case it is permissible to allow the amendment to application under Section 34 even beyond the period...
Prima Facie Case Alone Does Not Entitle A Party To Relief Under Section 17 Of The A&C Act: Delhi High Court
The Delhi High Court has ruled that a prima facie case alone does not entitle a party to relief under Section 17 of the Arbitration and Conciliation Act, 1996 (A&C Act) for interim measures. The Single Bench of Justice Sanjeev Narula observed that there were highly disputed questions of fact involved in the dispute relating to the interpretation of the agreement between the...