All High Courts
No Element Of Misstatement And Intention To Evade Payment Of Service Tax: Gauhati High Court Quashes Demand & Penalty
Finding that the Assessee company had provided every detail regarding availment of CENVAT Credit in the ST-3 Returns, and the same was considered by the Central Excise Commissioner, the Gauhati High Court held that the fact of wilful misstatement or suppression should specifically be mentioned in the show-cause notice. Since the Department had not misstated any fact with intent to...
"Eyewash": Gujarat HC Dissatisfied With Public Apology Of 3 Newspapers For Wrongly Reporting Court Proceedings, Grants Time To Publish Afresh
The Gujarat High Court on Monday rejected affidavits filed by three newspapers, tendering and containing the public apology issued by them for wrongly reporting the court proceedings in connection with the ongoing hearing of a batch of pleas moved by various linguistic and religious minority schools challenging amendments to the Gujarat Secondary and Higher Secondary Education Act.Court said...
Lawyer Has Right To Represent Client, Need Not "Beg" To Appear Before Court: Calcutta High Court
While interrupting a lawyer who "begged" for permission to appear, the Calcutta High Court's Circuit Bench at Jalpaiguri comprising Justices Harish Tandon and Prasenjit Biswas observed that lawyers need not use expressions such as "begging to appear" while representing their clients before the court.The bench referred to such practices as 'relics' of the system's colonial past and commented...
Bombay High Court Orders Removal Of Mahant Ramgiri's Videos Making Controversial Remarks On Prophet Mohammad
The Bombay High Court on Monday ordered the Maharashtra Police to pull down the videos of controversial self-styled godman Mahant Ramgiri Maharaj, wherein, he has made some objectionable comments against Prophet Mohammad, thus hurting the sentiments of the Muslim community.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan gave an oral order to the Police on a request made...
Central Charges & International Taxation Charges Are Not Excluded From Purview Of Faceless Mechanism U/s 144B R/w/s 151A: Bombay High Court
The Bombay High Court held that the faceless mechanism would be applicable to all cases of Central Charges and International Taxation charges. However, the High Court clarified that it is only the assessment proceedings which would be required to be undertaken outside the faceless mechanism. Section 151A of the Income Tax Act empowers the Central Government to make a scheme...
Arbitral Tribunal Is Final Decision-Maker; Court Interference Only For Perverse Or Implausible Awards: Delhi High Court
The Delhi High Court divison bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju has held that Arbitral Tribunal serves as the ultimate decision-maker on all matters. The bench held that interference by the court under Section 34 of the Arbitration and Conciliation Act, 1996 is only warranted if the Tribunal's decision is deemed perverse...
"No More Adjournments For Filing Affidavits, Will Impose Costs For Seeking Extension Of Time Without Justification": Bombay HC To State
The Bombay High Court recently made it clear that henceforth it will not adjourn matters and criticised the 'robotic approach' especially of the Maharashtra Government and other authorities for seeking adjournments on the ground of filing affidavits-in-reply.A division bench of Justices Girish Kulkarni and Somashekar Sundaresan said henceforth it will impose costs on advocates, especially...
Delhi High Court Rejects Contempt Plea Over Allegations Of Ill-Treatment To Animals In Ambani Wedding, Calls Out "Sensational Journalism"
The Delhi High Court has recently rejected a contempt plea filed by a lawyer over allegations that inhumane and ill-treatment was meted out to animals in industrialist Mukesh Ambani's son Anant Ambani's pre-wedding celebrations in Jamnagar, Gujarat. Justice Dharmesh Sharma dismissed the contempt plea which alleged wilful disobedience of a division bench's order of February 12.The initial plea...
Governor's Sanction To Prosecute CM Siddaramaiah In MUDA Case To Ensure Purity in Public Administration: Complainant Tells Karnataka HC
The Karnataka High Court on Monday was told that the Governor's sanction order against CM Siddaramaiah may not be looked at as adversarial but for ensuring purity in public administration.This submission was made by the complainant in Chief Minister Siddaramaiah's plea against the governor's order to prosecute him in the alleged Mysore Urban Development Authority (MUDA) scam. A single judge...
Gujarat High Court Orders Establishment Of Statewide Grievance Redressal Mechanism For Addressing Civic Issues
The Gujarat High Court has recently expressed its concern over State's continued inefficiency in addressing the civic issues raised in a Public Interest Litigation (PIL) petition concerning the conditions of Ahmedabad's roads, parking, traffic, and the stray cattle menace across cities and towns in the state. The court was hearing a contempt plea related to non-compliance with its earlier...
Trial Court Can Order Further Investigation In A Case, But Cannot Transfer It To Another Agency: Karnataka High Court
The Karnataka High Court has held that the trial court cannot direct further investigation to be done in a murder case by a different agency, its power is restricted only to order further investigation by the same investigating agency.A single judge bench of Justice M Nagaprasanna held thus while allowing the petition filed by the State Government and set aside the order of the special...
MP High Court Denies Anticipatory Bail To Teacher Accused Of Disrobing Students, Making Objectionable Videos In Garb Of 'Checking'
The Madhya Pradesh High Court has rejected the anticipatory bail application of a senior school teacher accused of harassing students by disrobing them and making objectionable videos under the pretext of mobile phone checks.The bench of Justice Prem Narayan Singh at Indore also noted that the prosecuting agency failed to invoke provisions of the POCSO Act and directed the Police...