No Service Tax for buying Flats but preferential location charges Taxable; Delhi HC [ Read Judgment]

Neither the Act nor the Rules framed therein provide for a machinery provision for excluding all components other than service components for ascertaining the measure of service tax, the Bench said.Delhi High Court in Suresh Kumar Bansal vs Union Of India, has held that no service tax under Section 66read with Section 65(105)(zzzh) of the Finance Act could be charged in respect of...

‘Cruelty’ not wives’ forte anymore, Husbands are also victims of Cruelty

Ground of ‘Cruelty’ is not wives’ forte anymore, as for last couple of years, Indian Courts are seen granting divorce to husbands from their “cruel” wife. The cruelty imparted by wife towards husband ranges from denial of sex to filing of false complaints.Apex Court in 2014 made it very categorical that Denial of Sex to Husband for long time without any sufficient Cause amounts...

SC restores family pension to the Widow of a CRPF constable who was denied Pension because of her re-marriage [Read Order]

In relief to widow of a CRPF constable who had remarried, the Apex Court has asked the authorities to restore the family pension to her, which was stopped pursuant to the High Court order in a Writ petition in which she was not a party.The Rajasthan High Court, on a writ petition by mother of the deceased constable had ordered discontinuation of pension on the ground that widow had...

Supreme Court Weekly Round-Up

If prosecution suppressed the genesis and origin of the occurrence of crime, the accused entitled to get benefit of doubtSetting aside the judgment of the High Court which had found the accused guilty under section 308/34 of the IPC, Division Bench of The Supreme Court restated that if the prosecution has suppressed the genesis and origin of the occurrence of crime, the accused are entitled...

Doctors have no right to go on strikes; refusing to attend patients is a serious misconduct: Allahabad HC [Read Judgment]

Profession of a doctor is to save life of a patient and not to leave it on the mercy of his/ her destiny by refusing to administer medical treatment to him/ her, the Bench said.Taking serious note of the strike adopted by junior doctors in State Medical Colleges in the state which resulted in death of a number of people, the Allahabad High Court has held that Doctors have no legal or...

Deaf and Dumb Witness; Disability of a limited vocabulary of sign language does not affect the credibility; Delhi HC [Read Judgment]

Though charged with a major offence an accused can be convicted for a minor offence, the vice-versa is impermissible, said the Court.Delhi High Court has held that when a deaf and dumb witness is under cross-examination, the Court is required to take due care of the fact that vocabulary of such a person is limited as he or she speaks through sign language and it may not be possible for...

Delay in lodging FIR in matrimonial offences has to be dealt with sympathetically; SC [Read Judgment]

Once the prosecution succeeds in establishing the component of cruelty leading to conviction under Section 498A, in our view only in a rare case, the Court can refuse to invoke the presumption of abetment, if other requirements of Section 113A of the Evidence Act stand satisfied, the Court said.The Supreme Court in Satish Shetty vs. State of Karnataka has observed that, factum of delay...

Jaitley Vs. AAP Leaders; Delhi HC dismisses Ashutosh’s Appeal opposing fresh allegations in DDCA Defamation Suit. [Read Order]

“The route taken may not be the correct route in law. We have corrected the route but we reach the same destination" , said the Division Bench A Division Bench of Delhi High Court has dismissed an Appeal filed by Aam Admi Party leader Ashustosh against single Judge Order rejecting the objections raised by the AAP leaders, that the several pleadings made by the Arun Jaitely  in his...

Hit and Run case: Minor to be tried as adult by applying new Juvenile Justice Act

Terming a hit and run case which killed a marketing executive as “heinous”, the Juvenile Justice Board at New Delhi has held that a teenaged boy who is allegedly involved in the case, should to be tried as an Adult in a Trial Court, by applying the new Juvenile Justice Act.According to the newly introduced provisions of Juvenile Justice Act, juveniles between the ages of 16-18 years can...

Technical Errors in MCA Portal; Delhi HC slams Ministry of Corporate Affairs and directs to convene a meeting of stake holders to discuss the issue

Delhi High Court has slammed the Ministry of Corporate Affairs for the errors and technical faults/glitches/errors/fallacies in the V2R2 system launched by Ministry . “This Court is not able to appreciate as to why without proper trials being carried out, a new system with glitches was „let loose‟ on the public at large. It seems prima facie to be a case of lack of supervision by...

Supreme Court of United States refuses to examine constitutional validity of death penalty [Read Opinion]

The Supreme Court of the United States on Tuesday refused to examine the constitutional validity of death penalty. Justice Stephen Breyer dissented from the denial of certiorari, joined by Justice Ruth Bader Ginsburg.The question posed before the Court was whether imposition of death penalty upon a person convicted of murder constitutes cruel and unusual punishment, in violation of the Eighth...

IDIA strikes again: Eight scholars make it to leading law schools through first CLAT allotment list

IDIA (Increasing Diversity by Increasing Access to Legal Education) continued its success this year as well, with eight of their scholars making it to the leading law schools in India through the first CLAT allotment list. More scholars are expected to make it, with other lists yet to be released.Following is the profile of this year’s achievers, as retrieved from an IDIA release:...