News Updates
Ram Navami Violence: Calcutta High Court Directs State To Deploy Adequate Force In Affected Areas
The Calcutta High Court on Monday directed the state government to deploy adequate police force in the affected areas where incidents of violence took place during the Ram Navami procession, so that peace and tranquillity prevails.While hearing a PIL filed by Leader of Opposition in State Assembly and BJP MLA Suvendu Adhikari, the division bench of the Acting Chief Justice T. Sivagnanam...
Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea
The Karnataka High Court has refused bail to an accused in a case under the Protection of Children from Sexual Offence (POCSO) Act, who claimed that the victim minor girl was a consenting party and that there was absence of element of force. Justice V Srishananda said the "consent, if any, of the victim girl for the penetrative sexual assault said to have taken place between the petitioner...
Calcutta High Court Live Streams Chief Justice Court's Proceedings
The Calcutta High Court has started live streaming of the proceedings of the Chief Justice’s Court for public viewing at its official website and on YouTube channel from today. This step is in consonance with the guidelines formulated by the Supreme Court in the case Swapnil Tripathi v. Supreme Court of India Writ Petition (Civil) No. 1232 of 2017 where the Apex Court Opined:“Slow as we...
Odisha State Legal Services Authority Organises 40-Hour Mediation Training Workshop For Advocates
The Odisha State Legal Services Authority (OSLSA) organised a 40-hour Mediation Training Workshop for the advocates of western Odisha, as per the NALSA module, starting from the day of Utkal Divas, i.e April 1, 2023.The training Workshop will continue from 1st to 5th April 2023. 24 advocates from the western districts of Odisha, such as Sundargarh, Jharsuguda and Sambalpur participated in...
'Cow Slaughter Law' Misused; IO Recovered Only Cow Dung From Spot: Allahabad HC Grants Relief To Accused, Says Fair Probe Not Done
The Allahabad High Court recently granted anticipatory bail to a man (named Jugadi @ Nizamuddin) booked under the UP Cow Slaughter Act as it noted that the case against the accused was a glaring example of misuse of penal law and that the state did not conduct a fair probe in the matter.The bench of Justice Mohd. Faiz Alam Khan observed that neither the prohibited animal nor its flesh had...
Tax Cases Weekly Round Up: 26 March To 1 April, 2023
Supreme Court Income Tax Act - Date Of Panchnama Last Drawn Starting Point Of Limitation For Completing Block Assessment Proceedings: Supreme Court Case Title: Anil Minda and Others Versus Commissioner of Income Tax Citation: 2023 LiveLaw (SC) 246 The Supreme Court has held that the date on which the Panchnama was last drawn is the starting point of the two-year limitation...
CBIC Amends The Rules Related To Biometric-Based Aadhaar Authentication And Risk-Based Physical Verification For GST Registration
The Central Board Of Indirect Taxes and Customs (CBIC) has amended the rules related to Aadhar Authentication and Biometric Verification Rules.The Board has notified the Central Goods and Services Tax (Amendment) Rules, 2023 which shall be effective from 26th December 2022.The Board has substituted Rule 8(4A) of the CGST Act, 2017.The date of submission of the application in cases shall be...
File Appeal Once Tribunal Is Constituted: Patna High Court Allows Assessee To Prefer Appeal Outside Limitation Period
The Patna High Court has allowed the petitioner assessee to file an appeal under Section 112 of the Bihar Goods and Services Tax Act 2017 (BGST Act) outside the period of limitation as envisaged under the Act since the impugned order preventing the assessee from availing the benefit of stay on the recovery of balance GST amount was passed when the Appellate Tribunal was not constituted in...
Can’t Use Municipality-Owned Shopping Complex’s Parking Space For Dharna Or Public Meeting Without Official Permission: Kerala High Court
The Kerala High Court recently held that the open space designated for parking vehicles of customers and shop licensees in front of a shopping complex, even when it is owned by the municipality, could not be considered a public space for the purpose of freely conducting public gatherings, without the permission of the municipality.A single bench of Justice N Nagaresh observed: “Though...
Arbitration Cases Monthly Round-Up: March 2023
High Courts Allahabad High Court: When Arbitration Clause Covers All The Disputes, Jurisdiction Can’t Be Limited To A Particular Dispute: Allahabad High CourtCase Title: Agra Development Authority Agra vs. M/s Baba Construction Pvt Ltd The High Court of Allahabad has held that when the arbitration clause covers all the disputes arising out of the contract within its ambit then...
Govt Employee Has School Going Children, Old Parents Not Ground To Challenge Transfer Order: Rajasthan High Court
The Rajasthan High Court refused to interfere in the transfer order of a government servant by opining that no malafide has been alleged in the transfer order and the contention of the petitioner that he has school going children and old parents cannot be a ground for the Court to interfere in the transfer order.The single judge bench of Justice Vinit Kumar Mathur observed:“No malafide has...
State Has A Duty To Obtain & Produce Credible Evidence Regarding Illegal Mining: Allahabad HC Sets Aside DM’s Order Cancelling Mining Lease
The Allahabad High Court recently set aside an order of the District Magistrate canceling a mining lease as it observed that the inspection report, upon which the entire case against the petitioner stood, was not supplied to the lessee, which constituted a violation of principles of natural justice. The Court also noted that the inspection report in the case was prepared in...