News Updates
DGFT Has No Authority To Violate The Foreign Trade Policy, Power Lies Only With Central Govt: Karnataka High court
The Karnataka High Court has held that only the Central Government can make provision for prohibiting, restricting, or regulating the import or export of goods or services, or technology and not the Director General of Foreign Trade (DGFT).The single bench of Justice S.R. Krishna Kumar has observed that only the Central Government can formulate and announce the Foreign Trade Policy...
'Acts Of Violence, Violent Speeches Not Protected': Delhi HC Sets Aside Order Discharging Sharjeel Imam, Others In Jamia Violence Case
The Delhi High Court on Tuesday set aside trial court's decision to discharge Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the Jamia violence case, and framed charges against them under various provisions of Indian Penal Code. The judgment was passed on Delhi Police’s plea against the trial court order discharging the accused in the 2019 Jamia violence case.Delhi...
Errors Committed Are Inadvertent, Rectification Would Enable Proper Reporting Of The Turnover And ITC: Madras High Court
The Madras High Court has held that errors committed are inadvertent and, the rectification would, in fact, enable proper reporting of the turnover and input tax credit (ITC) to enable claims to be made in an appropriate fashion by the assessees.The single bench of Justice Anita Sumanth has observed that the petitioners must be permitted the benefit of rectification of errors where there are...
Kerala High Court Ask State Govt To Give Suggestions, Including On Legislative Intervention, To Prevent Attacks Against Doctors
The Kerala High Court recently asked the government to come out with suggestions, including on legislative intervention, to curtail the attacks on medical personnel. The Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath said whatever be the provocation or reason that anyone may impel or project, an attack on a medical personnel is unacceptable and...
Assessee Became Victim Of Lacuna In SVLDR Scheme Software: Bombay High Court Quashes Rejection Of Declaration
The Bombay High Court has quashed and set aside the rejection of the Petitioner’s declaration for SVLDRS-1.The division bench of Justice Nitin Jamdar and Justice Abhay Ahuja has observed that the petitioner/assessee was a victim of the lacuna in the software governing the Sabka Vishwas (Legacy Dispute Resolution) (SVLDR) Scheme, 2019 where the Petitioner could not have selected the option...
Lawyers’ Strike: Madhya Pradesh High Court Initiates Contempt Case Against State Bar Council, Warns Of Criminal Prosecution For Wrongful Restraint
The Madhya Pradesh High Court has initiated a contempt case against the Chairman of State Bar Council and its other elected members over continuing strike of lawyers in the state. The State Bar Council, instead of resolving the issue, chose a path of confrontation without justifiable cause, the court said.The Gwalior bench on Monday issued notice to the elected members, asking why it should...
Simple Lack Of Care, An Error In Judgment Or An Accident, Is Not Proof Of Negligence: NCDRC
The National Consumer Dispute Redressal Commission (NCDRC) bench comprising presiding member Dr. S.M. Kantikar focused on the duty of the civil society to ensure that medical professionals are not unnecessarily harassed or humiliated. The complaint filed by the patient was dismissed on the ground that firstly, the doctors possessed necessary skills and secondly, reasonable care was taken...
Arbitrator Can’t Apply Principles Of Equity In Absence of Authorization of Parties: Bombay High Court
The Bombay High Court has reiterated that the doctrine of severability can apply to arbitral awards, so long as the objectionable part can be segregated. The Court added that if the award is partially set aside by applying the doctrine of severability, the same would not amount to modification or correction of the errors of the arbitrator. The bench of Justice Manish Pitale...
Recourse To Section 34(4) Of The A&C Act Can’t Be Opted For Consideration Of New Material Evidence: Delhi High Court
The High Court of Delhi has held that recourse to Section 34(4) of the A&C Act cannot be taken to permit the arbitral tribunal to consider the material evidence which it earlier failed to consider. The bench of Justice Prateek Jalan held that Section 34(4) of the A&C Act empowers the Court deciding an application under Section 34(1) of the Act to adjourn the challenge...
Plea Before Kerala High Court Seeks To Restrain Judge From Hearing Matters Having Son's Vakalat
A plea has been filed before the Kerala High Court by Advocate Yeshwanth Shenoy to not list matters before the bench of Justice Mary Joseph in which her son, Advocate Prerith Philip Joseph has vakalat.The plea states that the Registrar General of the High Court that has authority over all departments of the Court, including the Registry and the listing department, has failed to ensure that...
Sufficient Evidence To Show Involvement Of BJP MLA Madal Virupakshappa In Corruption Case : Karnataka High Court In Bail Plea
There is sufficient evidence to show the involvement of BJP MLA Madal Virupakshappa in the corruption case, observed the Karnataka High Court while dismissing his anticipatory bail application in connection with a bribe case.Virupakshappa was the Chairman of Karnataka Soaps and Detergents Ltd (KSDL) but resigned after his son V Prashanth Madal was allegedly caught red-handed by the...
Supply Of The Aircraft Type Rating Training Is Exigible To GST: AAR
The Karnataka Authority for Advance Ruling (AAR) has held that the supply of aircraft-type rating training is eligible for GST.The two-member bench of M.P. Ravi Prasad and Kiran T. Reddy has observed that the supply of aircraft type rating training services to commercial pilots, in accordance with the training curriculum approved by the Directorate General of Civil Aviation for obtaining...