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Tax Weekly Round-Up: September 22 - September 28, 2025
SUPREME COURTNo Export Duty On Transfer From Domestic Tariff Area To SEZ : Supreme Court Dismisses Union's Appeal Against Adani PowerCause Title: UNION OF INDIA THROUGH SECRETARY & OTHER VERSUS M/S ADANI POWER LTD.Observing that the movement of goods from a Domestic Tariff Area (DTA) to a Special Economic Zone (SEZ) is a domestic supply and not an export outside India, the Supreme...
Entire Project Does Not Become 'Proceeds Of Crime' Under PMLA Merely Because Of A Tainted Investment: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court clarified that a property does not become “proceeds of crime” merely because funds tainted under PMLA were invested in its development.A bench of Justice Rahul Bharti, while deciding a petition concerning the Golden Palms real estate project in Jaipur, observed that only the tainted money itself or the property representative of that amount can...
Wife Cannot File Writ Petition On Behalf Of Husband Without Valid Power Of Attorney: Kerala High Court
The Kerala High Court recently dismissed a writ petition instituted by a wife on behalf of her husband whose property was being managed by her. It found that the wife has no locus standi to prosecute the petition since she was not an owner or valid power of attorney holder even though the husband was abroad.The case before Justice C.S. Dias was a writ petition challenging the order of...
Drug Overdose Case: Punjab & Haryana High Court Says Risk Higher With Pure Or Unadulterated Drugs, Grants Bail To Accused
The Punjab and Haryana High Court while granting bail to a man booked after alleged drug overdose death of a youth, observed that pure drugs can often be more lethal than adulterated substances.Perusing the pleadings, the Court found that the cause of death was drug overdose and at this stage it could not be ascertained whether the accused-petitioner forcibly administered an overdose of the...
Deceased's Ability To Pay Heavy EMIs Relevant Factor When Determining His Income In Motor Accident Compensation Claim: Rajasthan High Court
The Rajasthan High Court recently enhanced the compensation awarded by the Motor Accidents Claims Tribunal from around Rs. 7.80 Lakhs to around Rs. 60.62 lakhs, by recomputing the deceased's income in light of monthly EMIs being paid by him, as well as his holding of the agricultural land capable of yielding regular income.The bench of Justice Rekha Borana held that the ability of an...
UNHCR Refugee Certification Not Substitute For Valid Visa For Foreign Nationals: Delhi High Court
The Delhi High Court has observed that United Nations High Commissioner for Refugees (UNHCR) certification is not a substitute for a valid visa for foreign nationals under the Foreigners Act, 1946. “UNHCR certification, though relevant for humanitarian consideration, does not confer any enforceable legal status upon an individual under Indian municipal law. It cannot substitute for a...
MP High Court Orders State To Compensate Widow Of Govt Employee Tasked With Arranging Buses For Migrant Labourers During Pandemic
The Madhya Pradesh High Court directed release of compensation under Mukhyamantri Covid-19 Yoddha Kalyan Yojana to the widow of government department official, ruling that the only requirement under the scheme was that the death must occur while serving during Covid-19 pandemic which was fulfilled in this case. The court noted that the deceased was tasked with assigning ambulances and...
Absence From Duty Not Always Misconduct: MP High Court Quashes Penalty Of Head Constable For Going On 99-Day Leave Due To Illness
The Madhya Pradesh High Court set aside punishment imposed on a head constable whose one increment was withheld indefinitely for alleged unauthorized leave for 99 days due to his own and his father's illness which it said was not considered by the authorities.The court also reiterated that remaining absent from duty may not a misconduct in itself unless it is intentional. Justice Ashish...
Multiple Vacancies At Department Of Legal Affairs, Ministry Of Law And Justice
Union Public Service Commission invites online application for the post of Additional Government Advocate, Additional Legal Adviser, Assistant Legal Adviser, Assistant Government Advocate, Deputy Government Advocate, and Deputy Legal Adviser.Name of the Post: Additional Government Advocate, Additional Legal Adviser, Assistant Legal Adviser, Assistant Government Advocate, Deputy Government Advocate, and Deputy Legal AdviserEssential Qualification and Experience Additional Government Advocate ...
Intra-Court Appeal Against Order Dropping Contempt Proceedings Not Maintainable Except In Specific Cases: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that intra court appeals under Section 19 of the Contempt of Courts Act, 1971 are maintainable only if an order punishing for contempt has been passed, or if there has been adjudication on merits of the case i.e. substantive issues of the original dispute between the parties, otherwise they are not maintainable.Referring to the judgment of the Apex Court...
Trial Court Cannot Take Cognizance Of Offence Not Mentioned In Chargesheet Only Based On Private Witness's Affidavit : Supreme Court
The Supreme Court has held that a Trial Court cannot take cognizance of additional offences not mentioned in the chargesheet solely on the basis of affidavits filed by private witnesses, without relying on the investigation record or ordering further investigation.A bench comprising Justice Ahsanuddin Amanullah and Justice SC Sharma set aside the Allahabad High Court's unusual order where...