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Second Special Leave Petition Not Maintainable If First SLP Against Same Order Was Withdrawn Unconditionally : Supreme Court
The Supreme Court on Tuesday (Sep.23) held that once a Special Leave Petition (SLP) is withdrawn unconditionally, a second SLP challenging the same order is not maintainable. The Court further clarified that if a review against the impugned order is dismissed, neither the dismissal of the review nor the original order can thereafter be challenged. “a second special leave petition would not...
Calling Daily Wagers' Service 'Casual' Is Morally Unjust, Shouldn't Be Left Stranded In Twilight Years: Punjab & Haryana High Court
In a strong observation on the treatment of contractual workers, the Punjab and Haryana High Court has stated that labeling the service of daily wagers as merely 'casual' is "morally unjust." The Court emphasized that individuals who devote their entire working lives to public service should not be left without security or support in their twilight years.The Court allowed plea of Daily wagers...
Supreme Court Dismisses Plea Seeking Age-Relaxation For Displaced Kashmiri Pandits In Govt Recruitments
The Supreme Court today(September 23) dismissed a writ petition filed by Panun Kashmir Trust under Article 32, seeking parity in age-relaxation benefits in recruitment to Groups D and C of Central Government jobs for victims of the Kashmiri riots at par with the victims of the 1984 anti-Sikh riotsand 2002 Gujarat riots. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta...
Supreme Court Dismisses Airports Authority's Appeal Against Service Tax Levy For Cargo Handling
The Supreme Court on Tuesday dismissed an appeal filed by the Airports Authority of India (AAI) challenging the levy of service tax on services rendered in handling export cargo, ruling that such services fall within the ambit of “taxable services” under the Finance Act, 1994.A Bench of Justice Pankaj Mithal and Justice Prasanna B. Varale held that while “handling of export cargo”...
Scope Of Appeal Is Limited U/S 28KA Customs Act; Advance Ruling Binding Unless Arbitrary: Madras High Court
The Madras High Court has held that the scope of appeal is limited under Section 28KA of the Customs Act and an advance ruling is binding unless it is palpably arbitrary or irrational. Section 28KA of the Customs Act, 1962 provides that an appeal can be filed to the appellate authority against any ruling or order passed by the Authority within sixty days from the date of communication...
Identification Of Accused In Court Is Substantive Evidence, Mandatory Even If Witness Personally Knows Accused: Kerala High Court
The Kerala High Court has set aside the conviction of three men for criminal trespass and mischief by fire, noting that the trial court while recording the deposition of prosecution witnesses did not record that the witnesses had identified the men in court nor did the prosecutor pose questions to the witnesses for identification. It was alleged that the accused, in furtherance of their...
Private Schools Bound By Obligations Under RPwD Act, Must Provide 'Reasonable Accommodation' To Disabled Students: Delhi High Court
The Delhi High Court on Tuesday observed that private schools must take adequate measures to overcome the learning disabilities of children and provide “reasonable accommodation” to them under Section 16 of the Rights of Persons with Disabilities (RPwD) Act, 2016. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela said that “inclusive education” can...
Tax Exemption Cannot Be Claimed For Inter-State Purchases Without Segregating Local Purchases: Madras High Court
The Madras High Court has held that if the assessee has purchased goods both within the State and from other States, then to claim exemption for inter-State purchases, the purchases made within the State must be segregated from those made from others. Justices S.M. Subramaniam stated that when the facts are established in clear terms that the goods were found mingled during...