No Export Duty On Transfer From Domestic Tariff Area To SEZ : Supreme Court Dismisses Union's Appeal Against Adani Power

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 Court provided relief to Adani Power Ltd. and other entities from paying export duty under the Customs Act, 1962, for the movement of goods from DTA to SEZ. A bench of Justice BV Nagarathna and Justice R Mahadevan dismissed...

Kerala High Court Orders Erasure Of Case Records Relating To Man Acquitted Of Offence Committed As Minor

The Kerala High Court recently directed the state government, the Director General of Police and the Station House Officers (SHO) to erase all police records and details before the Juvenile Justice Board in a case where a minor was the accused.Justice Shoba Annamma Eapen was considering a plea by a man for erasure of all records relating to the case in which he was arrayed as the 5th accused...

Photocopy Of Misplaced Cheque Can Be Accepted As Secondary Evidence In Cheque Bounce Cases: Madras High Court

The Madras High Court recently observed that a Xerox copy of a cheque can be accepted as secondary evidence in cheque bounce cases, and such a request cannot be refused merely because there is no evidence to prove that the original cheque was lost. Justice Shamim Ahmed observed that when the trial judge had recorded the sworn statement in which he had made an endorsement with respect...

S.473 CrPC | Extension Of Limitation Must Be Upon Satisfactory Explanation Of Delay, Not Merely 'In Interest Of Justice': Kerala High Court

The Kerala High Court recently held that a court cannot extend period of limitation for prosecution of cases merely by stating that it is necessary in the interests of justice. Instead, the court has to be satisfied that delay has been properly explained before allowing an application for extending limitation period under Section 473 of the CrPC.Section 473 of the Code of Criminal...

Compassionate Appointment Can't Be Denied On Hyper-Technical Medical Terminology When Cause Of Death Falls Within Eligible Diseases: Orissa HC

A Division bench of the Orissa High Court comprising Justice S.K. Sahoo and Justice S. S. Mishra held that when medical records from a premier government hospital clearly establish that the deceased employee suffered from cardiac and kidney ailments and died due to cardiac arrest, such death falls within the diseases specified under the Compassionate Appointment Scheme and the company...

Supreme Court Directs MP High Court To Conclude Civil Judge Recruitment Process As Per 2023 Advertisement Soon

The Supreme Court today side aside the June 2024 order of the Madhya Pradesh High Court, which had directed re-computation of marks and weeding out of "ineligible candidates", who do not satisfy the Amended Recruitment Rules, from the main examination for Civil Judge entry-level posts. A bench comprising Justice PS Narasimha and Justice AS Chandurkar noted that no ineligible candidates...

Kerala Court Acquits Congress MP Rajmohan Unnithan In Defamation Case Filed By KP Sasikala Citing Lack Of Evidence

A Magistrate Court in Kerala's Cherthala has acquitted Rajmohan Unnithan, Congress MP representing Kasargod, in a defamation case filed by K P Sasikala, former President of Hindu Aikya Vedi.The case arose from a complaint which claimed that defamatory statements were made against K P Sasikala, during a televised debate program titled “Counter Point” aired on Manorama News, a Malayalam...

Revival Of Insolvency Proceedings Permissible Despite Absence Of Revival Clause In Settlement Agreement: NCLAT New Delhi

The NCLAT, Principal Bench, New Delhi, comprising Justice Rakesh Kumar Jain (Member-Judicial), Justice Mohammad Faiz Alam Khan (Member-Judicial), and Indevar Pandey (Member-Technical), has allowed the revival of the insolvency proceedings despite the absence of a revival clause in the settlement agreement. The appeal was filed against the dismissal of the restoration application...

Resolution Plan Can't Be Approved By NCLT If Leasehold Rights Over Primary Assets Are Not Proved: NCLAT

The National Company Law Appellate Tribunal (NCLAT) New Delhi bench of Justice Ashok Bhushan and Mr. Barun Mitra (Technical Member) upheld an order of NCLT Kolkata which refused to sanction a resolution plan wherein a disputed parcel of land was the primary asset.The Tribunal held that since the corporate debtor failed to prove leasehold rights over the land as the deed was executed...

Ex-Servicemen Reservation For Public Employment Is One-Time Benefit, Not Perpetual Device For Career Progression: Rajasthan High Court

The Rajasthan High Court has held that the policy rationale of reservation in appointment to ex-servicemen is to operate as a one-time benefit to facilitate re-employment, and not as a perpetual device for career progression.The bench of Justice Sameer Jain rejected the petition filed by an ex-servicemen, who was re-appointed as a Village Development Officer under the reserved category...

Is Scheduled Caste Reservation In Special Component Plan Colleges Bound By 50% Ceiling Limit? Supreme Court To Consider

The Supreme Court is set to examine the issue whether the reservation for Scheduled Castes in special educational institutions, which are established with the funds and schemes specifically earmarked for SCs, are bound by the rules of reservation applicable for ordinary colleges. The issue arose from a judgment of the Allahabad High Court which struck down the 70% SC reservation in four...

Delhi Court Refuses To Transfer Paranjoy, Newslaundry Appeals Against Adani Gag Order To Judge Who Quashed It For Other Journalists

The Principal District and Sessions Judge at Delhi's Rohini Court on Tuesday (September 23) has refused to transfer the appeals filed by journalist Paranjoy Guha Thakurta and digital news platform Newslaundry against ex-parte gag order restraining reporting against Adani, to the judge who had quashed that order qua four other journalists.Principal District and Sessions Judge Gurvinder Pal...