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Clause 8 Of Assam GST Reimbursement Scheme Prima Facie Ultra Vires: Gauhati High Court Stays SCN Against Patanjali Foods
The Gauhati High Court found that Clause 8 of the Assam Industries [Tax Reimbursement for Eligible Units] Scheme, 2017, which restricts input tax credit, runs contrary to the Constitutional framework and the provisions of the CGST Act. Consequently, the bench stayed the operation of the show-cause notices (SCN) issued to Patanjali Foods Limited. Justice Manish Choudhury was addressing...
Supreme Court Holds TANGEDCO Liable To Pay Fixed Charges To DisCom For Power Supplied Before Full Commissioning
In a relief for the power generators, the Supreme Court on Tuesday (December 16) held that the electricity supplied by them from the date of synchronization of their power generation to the grid is entitled to receive fixed charges, even if the entire project is not fully commissioned.Holding thus, a bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan affirmed the concurrent findings...
Reviewing Court Must Defer To Scientific Wisdom Of Authorities, Ensure Only Procedural Compliance In Environmental Matters: Kerala High Court
The Kerala High Court on Tuesday (16 December) observed that the role of the reviewing court must be limited to ensuring the procedural compliance by the statutory authority while considering environmental litigation which involves compliance by statutory authority.The court made the observation while upholding the environmental clearance granted to the proposed...
Investigating Extraterritorial Offences – Is A Sanction Necessary?
The nexus between crime and punishment has traditionally been spatial. The universally recognised territoriality principle grants every sovereign the exclusive right to investigate and punish offences committed within its borders, a rule crystallised in India under Chapter XIII of the CrPC, 1973 (now chapter XIV in BNSS, 2023).Globalisation however, has rendered territorial boundaries porous. Enhanced mobility, digital interconnectedness, and transnational networks have normalised a phenomenon...
State Bar Council Can't Control Or Regulate District Bar Association Elections: Allahabad High Court
The Allahabad High Court recently held that the State Bar Council lacks authority to "control or regulate" the elections of Bar Associations as they are governed by their own bye-laws.A bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta thus set aside a directive issued by the Bar Council of Uttar Pradesh (respondent no.3) placing a temporary embargo on holding elections for...
Bombay High Court Rejects Bail Plea Of Eight Accused In Pune Porsche Car Hit-And-Run Case
The Bombay High Court on Tuesday rejected the bail applications of 8 accused named in the Pune Porsche hit and run case, wherein two persons were killed in the tragic accident.Single-judge Justice Shyam Chandak dismissed the bail applications of eight accused including the father of the prime accused, a juvenile, who was driving the car at the time of the incident. "There is a strong prima...
PIL In Delhi High Court Seeks Compensation Over Indigo Ticket Cancellations, Judicial Enquiry Against DGCA
A PIL has been filed before the Delhi High Court seeking “four times” compensation of tickets recently cancelled by Indigo airlines and a judicial enquiry against Director General of Civil Aviation (DGCA) for alleged lapses. The matter will be heard tomorrow by a division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela. The plea has been filed by Centre...
Supreme Court Seeks CBI's Report On Defence Company's Alleged Links To AgustaWestland
The Supreme Court today sought a response regarding the CBI investigation carried out on the alleged involvement of Defsys Solution Limited, a leading defence equipment manufacturer, in the AgustaWestland Chopper Scam.The bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing a plea filed by the Union challenging the decision of the Delhi High Court, which set aside suspension...
NCLT Mumbai Approves Ashdan Properties' Rs 900 Crore Plan To Revive Rolta India
The National Company Law Tribunal (NCLT) at Mumbai has approved a Rs 900 crore resolution plan submitted by Ashdan Properties Pvt Ltd to revive debt-laden Rolta India Ltd, holding that once a plan complies with insolvency law, the tribunal cannot interfere with the commercial decisions taken by lenders. A bench of Judicial Member Sushil Mahadeorao Kochey and Technical Member Prabhat...