Central Excise Act- No Separate Notice Necessary For Recovery Of Erroneous Refund Granted: Supreme Court

The Supreme Court has held that no separate notice under Section 11A of the Central Excise Act is necessary for the recovery of an erroneous refund granted.The division bench of Justice M. R. Shah and Justice Krishna Murari has observed that once the order originally sanctioning the refund came to be set aside, there was no question of any further notice under Section 11A of the Central...

For Out Of Turn Promotion, Parity Can't Be Claimed : Supreme Court

The Supreme Court of India recently held that out of turn promotions can’t be claimed as a matter of right under the Madhya Pradesh Police Regulations. A Bench of Justices MR Shah and CT Ravikumar was hearing an appeal moved by the State challenging orders of the High Court which held that the Respondent was entitled to an out of turn promotion as a matter of parity. “As...

Supreme Court Comes Down Heavily On TN Govt For Not Complying With Order On Premature Release Of Sri Lankan Citizen

The Supreme Court of India recently pulled up the Tamil Nadu State government for not complying with an earlier direction of the Court to consider the premature release of a convicted Sri Lankan citizen, incarcerated for over 33 years. While considering the petitioner’s premature release based on a 2018 policy, the Top Court had earlier asked the State government to consider his request. In...

Supreme Court To Hear Abdullah Azam Khan’s Plea To Stay Conviction Which Led To His Disqualification As MLA On April 5

The Supreme Court, on Wednesday, agreed to take up the plea filed by Mohammed Abdullah Azam Khan, who has now been disqualified from Uttar Pradesh Legislative Assembly two days after he was convicted and sentenced to 2 year imprisonment in a 15-year-old case. After briefly hearing the Senior Counsel appearing for Khan, the Court asked him to serve a copy of the plea to the Standing Counsel...

'NGT Could Not Have Ignored Decree Affirmed By Supreme Court' : SC Allows Housing Society's Appeal

The Supreme Court on March 22 allowed the appeal filed by the Shramjeevi housing society, which had challenged the decision of the NGT to halt construction near Teliya lake in Mandsaur. The NGT had ordered the construction to be stopped on the grounds that the land fell within a submergence area. However, the housing society argued that they had previously received permission for the...

Central Excise Act - To Be "Related Person", Buyer & Seller Must Have Direct Or Indirect Interest In Each Other’s Business : Supreme Court

The Supreme Court while ascertaining who is the “Related Party” under the Central Excise Act for the purpose of valuation held that before the clause in Section 4(4)(c) could be used, the buyer and seller had to be interested in one another's businesses. Since two-way traffic is required, there shouldn't be any one-way traffic.The division bench of Justice S. Ravindra Bhat and...

Court Cannot Declare Equivalency Of A Course: Supreme Court

The Supreme Court on 28th March rejected the appeal filed to grant promotion to Grade-I and Assistant Engineer on the ground that the appellant did not possess the required degree and court cannot prescribe the qualification or declare the equivalency of a course.The bench comprising Justice Sanjay Kishan Kaul, Justice Manoj Misra and Justice Aravind Kumar said, “It is trite law that...

Supreme Court Issues Notice On Delhi Government's Plea Against LG Appointing 10 Nominated Members To MCD

The Supreme Court on Wednesday (March 29) issued notice in Delhi Government's petition seeking the quashing of notifications through which the Lieutenant Governor (LG) of Delhi appointed ten nominated members to the Municipal Corporation of Delhi (MCD) on his own initiative, and not on the aid and advice of the Council of Ministers. The plea heard by a bench comprising CJI DY Chandrachud,...

Breaking: Bombay High Court Quashes Journalist's Criminal Intimidation Complaint Against Actor Salman Khan

The Bombay High Court on Thursday quashed the private complaint against actor Salman Khan filed by a journalist in 2019 alleging criminal intimidation. A metropolitan court in Andheri had earlier issued summons to the actor, which was challenged in the High Court.Justice Bharati Dangre had asked, "Before the process was issued, was the procedure followed? You claim force was used, but...

'Why Presume Women Are Bad At Technology?' : CJI DY Chandrachud Disapproves Of Plea To Exempt Female Lawyers From E-Filing

The Supreme Court, in a plea filed by the Madhya Pradesh High Court Bar Association, affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs). While doing so CJI DY Chandrachud, who was leading the bench also comprising Justice PS Narasimha and Justice JB Pardiwala expressed his disapproval of the presumption that women practitioners would...

'Delhi Police Not Issuing Section 144 orders In The Way They're Supposed To' : Senior Advocate Rebecca John

“We should be very worried and must not fall in the ‘public interest’ trap,” said Senior advocate Rebecca John, raising alarm over the indiscriminate invocation of Section 144 of the Code of Criminal Procedure by the Delhi police in the national capital. This provision confers wide powers on magistrates, and in the case of a commissionerate like Delhi, on the police chiefs, to...

Supreme Court Affirms Mandatory E-Filing In DRTs & DRATs, Says Other Courts Should Replicate It

In a plea filed by the Madhya Pradesh High Court Bar Association, the Supreme Court affirmed mandatory e-filing in Debts Recovery Tribunals (DRTs) and Debts Recovery Appellate Tribunals (DRATs). The court, while remarking that other Courts and Tribunals should also replicate the model of mandatory e-filing, also passed certain directions to make e-filing more accessible for everyone. The...