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Customs | Confiscation, Penalty & Fine Can't Be Imposed On IGST Demand Arising From Breach Of Pre-Import Condition: CESTAT
The Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that confiscation, penalty & fine cannot be imposed on IGST (Integrated Goods and Services Tax) demand arising from breach of pre-import condition under Customs Act. Ajay Sharma (Judicial Member) and C J Mathew (Technical Member) opined that the IGST demand arose because of the breach of...
NCDRC Upholds State Commission's Order In Machinery Supply Dispute; Reduces Interest To 12%
The NCDRC Bench comprising Justice A.P. Sahi (President) and Mr. Bharatkumar Pandya (Member), while dealing with an appeal concerning failure to honour the supply of machinery, held that Shivajirao More (OP-1/appellant) was liable for deficiency in service for failing to supply and install the machinery as agreed. The Commission upheld the State Commission's findings and directed a refund...
Kerala High Court Stays Income Tax Proceedings Over Allegedly Defective Notices Issued In Violation Of CBDT Circular
The Kerala High Court on Monday (November 3) stayed the income tax proceedings in a batch of writ petitions, which had alleged that the notices issued by the Assistant Commissioner of Income Tax to be defective for being violative of the format prescribed in Central Board of Direct Taxes (CBDT) Circular No. F. No. 225/157/2017/ITA-II dated 23-06-2017.According to the petition in WP(C)...
Special Judicial Magistrate Of Second Class, Parkal Vacancy At Parkal District, Telangana
The Office of Principal District Judge, Hanumakonda invites application for the post of Special Judicial Magistrate of Second Class, Parkal.Name of the Post: Special Judicial Magistrate of Second Class, Parkal No. of Post: 01 (One) Essential Qualification and Experience • Possessing a Law Degree, Legal and Magisterial experience. • A Person who has held any post in Higher Judicial Service or State Judicial Service and retired or resigned or • Who has held a post in the Judicial Ministerial...
Leave Under Clause 12 Of Letters Patent Not Required For Filing Suits U/S 19 CPC: Bombay High Court
The Bombay High Court has held that leave under Clause 12 of the Letters Patent is not required for instituting a suit in the High Court's original civil jurisdiction when the case falls under Section 19 of the Code of Civil Procedure (CPC), i.e., for compensation for wrongs done to a person or movable property. The Court clarified that Clause 12 applies only to suits covered under Sections...
Madras High Court Orders Exhumation Of Bodies From Church Cemetery, Says Burial Can Only Be Done In Designated Grounds
The Madras High Court recently ordered exhumation of bodies buried in a land belonging to the Church of South India Trust Association after noting that the authorities had failed to follow the statutory provisions while granting license for burial ground. Justice N Mala began the judgment with a quote by Khushwant Singh that said “When the struggle for space over shadows even...
NCLT Mumbai Approves Merger Of Snack Brand 'Dinshaws' With Its Dairy Business
The National Company Law Tribunal (NCLT) at Mumbai on Monday approved the merger of Dinshaws Snacks & Foods Private Limited with Dinshaw's Dairy Foods Private Limited, bringing the popular snack brand and its dairy arm under a single company.A coram of Judicial Member K R Saji Kumar and Technical Member Anil Raj Chellan in an order passed on November 3 observed that the scheme was fair...
MP High Court Grants Anticipatory Bail To Man Accused Of Hunting, Storing Body Parts Of Wild Animals
The Madhya Pradesh High Court, on Tuesday (November 4), granted anticipatory bail to a man booked in an FIR for allegedly hunting and keeping the body parts of wild animals–including a peacock and a hare, without valid permission or documentation. The bench of Justice Milind Ramesh Phadke directed; "Considering the overall facts and circumstances of the case, as well as the fact that...
S. 156(3) CrPC | Once Complaint Discloses Cognizable Offence, Magistrate Can Direct Police To Register FIR : Supreme Court
The Supreme Court on Tuesday (November 4) observed that once the facts alleged in the complaint disclose the commission of an offence, then the magistrates are empowered to direct police to register FIR under Section 156(3) Cr.P.C (now Section 175(3) of BNSS). A bench of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah set aside the Karnataka High Court's decision which quashed the...
