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Constitution Day Not A Ritual But Reaffirmation Of Shared Values Binding Indians : Justice Vikram Nath
At the Constitution Day ceremony held at the Supreme Court on Tuesday, Justice Vikram Nath, Judge of the Supreme Court, underscored that the commemoration of November 26 should never be reduced to a ceremonial observance, but must remain an active reaffirmation of the constitutional values that bind the nation."Constitution Day is therefore not a ritual. It is a reaffirmation of the shared...
Delhi High Court Slams GST Authorities For 'Mechanically' Cancelling Registration Of BoAt's Parent Company
The Delhi High Court has slammed the GST authorities for cancelling the registration of Imagine Marketing Ltd., the parent company of smart wearables brand boAt, without considering the company's replies.A division bench of Justices Prathiba M. Singh and Shail Jain further criticised the GST Appellate Authority, which upheld the cancellation in a 'cavalier' manner. The judges...
Tribunal's Power To Probe Company's Fraud Cannot Be Misused For Debt Recovery: NCLT Ahmedabad
The National Company Law Tribunal at Ahmedabad has recently held that Section 213 of the Companies Act, which empowers the tribunal to order an investigation into a company's affairs, cannot be invoked for recovery of unpaid dues. A Bench of Judicial Member Shammi Khan and Technical Member Sanjeev Sharma, while dismissing a creditor's plea seeking an investigation into United Petrofer...
Supreme Court Stops Deer Translocation From Delhi's AN Jha Deer Park, Orders Probe Into Negligence By DDA
The Supreme Court on Wednesday (November 26) stopped the translocation of spotted deer from Delhi's A.N. Jha Deer Park to Rajasthan, after finding a 'distressing pattern of negligence' on the Delhi Development Authority's (“DDA”) part while translocating deers.“It is evident from the record that the translocation protocol and best practices incorporated in the guidelines issued by...
Only Bar Can Rescue Invisible Victims Of Judicial System From Agony: Justice Surya Kant In First Public Address As CJI
In his first public address as the Chief Justice of India, Justice Surya Kant today urged lawyers to commit themselves to the spirit of the Constitution inside as well as outside courtrooms.He emphasised the responsibility of the Bar to protect unseen victims in the justice system “Constitutional adjudication cannot be seen merely through the lens of adversarial litigation, for its...
GST Migration Not Taxpayer's Burden: Delhi HC Directs CESTAT To Hear Appeal After Pre-Deposit Was Made Under Excise Head Due To Portal Failure
The Delhi High Court has held that where the Service Tax portal had become non-functional after the migration to the GST regime, the taxpayer cannot be compelled to make the mandatory pre-deposit strictly under the Service Tax ledger for maintainability of an appeal. The Court observed that once the deposit has already gone to the Government exchequer under the Excise Head. A...
Operational Creditor Cannot Become Financial Creditor Through Settlement: NCLT Mumbai
The National Company Law Tribunal (NCLT) at Mumbai has recently reaffirmed that an operational creditor cannot be converted into a financial creditor by way of a settlement with the corporate debtor. At the outset, the tribunal noted that Capacite Infraprojects Ltd was engaged only as a contractor for construction of 16 SRA buildings, and that the flats were never part of a real...
Revenue Cannot Treat Turnover Mismatch As Duty Evasion Without Examining On Merits: CESTAT Mumbai
The CESTAT Mumbai has held that when an assessee shows sufficient cause for delay in filing an appeal within the statutorily permissible condonable period of 30 days, the Commissioner (Appeals) cannot reject the appeal on limitation without examining the merits. A Bench of the CESTAT comprising of Member (Technical) M.M. Parthiban was hearing the appeal, challenging the order...
Power To Extend Arbitrator's Mandate Lies With Civil Court Of Original Jurisdiction, Not Appointing Court: Telangana High Court
The Telangana High Court dismissed a Civil Revision Petition filed by Employees State Insurance (ESI) Corporation. ESI had challenged an order passed by the Civil Court allowing the application seeking extension of the arbitrator's mandate. Justice P. Sam Koshy held that the mandate of the arbitrator under section 29A(4) of the Arbitration and Conciliation Act, 1996 (Arbitration Act)...
Supreme Court Hears Plea Challenging Formation Of Bombay High Court's Kolhapur Bench
The Supreme Court today(November 26) heard a writ petition filed by advocate Ranjeet Baburao Nimbalkar, challenging the August 1 notification of the Bombay High Court issued under Section 51(3) of the States Reorganisation Act, 1956, for the creation of the recent Kolhapur Circuit Bench, which became effective from August 18. Former Chief Justice of India BR Gavai inaugurated the...
Let New UP Societies Bill Be Assented To & Notified On Passing By Assembly : Supreme Court
The Uttar Pradesh government told the Supreme Court yesterday that it will be soon bringing a law to repeal and replace the Societies Registration Act, 1860 in the state. Hearing the submission, the Court directed that as and when the proposed Bill is passed by the State Assembly, the same be notified and assented to at the earliest.A bench of CJI Surya Kant and Justice Joymalya Bagchi heard...