News Updates
Haldiram Not Liable To Pay Service Tax On Take-Away Of Food Items: CESTAT
The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that no service tax can be levied on the activity of takeaway food items.The bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) observed that the activity of takeaway of food items would amount to a sale and would not involve any element of service.The...
Minority Institution Cannot Reinstate Retired Employee Who Retained Full Retiral Benefits Paid From Public Money: Bombay High Court
The Bombay High Court recently held that the management of a minority institution cannot act as per its whims and allow a retired employee who retained full retiral benefits to return whenever he desires.A division bench of Justice Ravindra Ghuge and Justice Sanjay Deshmukh sitting at Nagpur upheld the Education Officer’s order rejecting approval for reinstatement of a retired employee...
OVII R11 CPC | Plaint On Mere Possibility Of Right Being Infringed Without Legitimate Basis For That Right Does Not Disclose Cause of Action: MP High Court
The Madhya Pradesh High Court recently reiterated that a mere possibility of contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not be sufficient to hold that the plaint discloses a cause of action.The bench comprising Justice Subodh Abhyankar further held that in the said circumstances, the plaint can be rejected for want of cause...
'Dying Declaration Was Voluntary, Truthful': Gauhati High Court Upholds Conviction Of Man Found Guilty Of Setting Wife Ablaze
The Gauhati High Court today upheld the conviction of a person, who was found guilty of the murder of his wife on the basis of her dying declaration.While dismissing the appeal challenging the conviction, the division bench of Justice Michael Zothankhuma and Justice Parthivjyoti Saikia held:“The evidence adduced clearly show that the appellant had set the deceased on fire and that the...
Murder Case Against MoS Ajay Mishra: Allahabad HC Permits Revisionist's Legal Heirs To Participate In State's Appeal Against Acquittal
The Allahabad High Court on Monday allowed the legal heirs of Santosh Gupta (now dead), who was the complainant in the Prabhat Gupta Murder case of 2000 in which the Union Minister Ajay Mishra 'Teni' is the prime accused, to participate, as 'Victims', in the State's appeal moved before the High Court challenging Teni's acquittal.The bench of Justice Attau Rahman Masoodi and Justice Om...
Karnataka High Court Quashes Order Directing ACB To Probe Denial Of Information Under RTI Act, Says PIO Not Supposed To 'Create' Information
The Karnataka High Court has observed that under provisions of the Right To Information Act, only such information that is available and existing and held by the public authority can be provided. The Public Information Officer is not supposed to create information that is not a part of record nor he is obliged to furnish information that is not accessible and available in his office, said...
Bombay High Court Stays Notices For Demolition Within Precincts of Vishalgad Fort, Petitioners Allege Religious Discrimination
The Bombay High Court has stayed the demolition notices issued to over 100 tenements around the famous Vishalgad Fort in Kolhapur till March 10 and asked if there is a policy to deal with old settlements within a protected monument.“What is your policy?,” Justice Gautam Patel, who heads a division bench, asked after the petitioner’s counsel Pradnya Talekar submitted that some of...
Karnataka HC Sets Aside Single Bench Direction For Repeat Test Of NLSIU Student Alleging Technical Glitch In Online MBL Exam
The Karnataka High Court has set aside an order passed by a single judge bench of the court directing the National Law School of India University, (NLSIU) to conduct re-examination in the Corporate Law paper of Formative – I Assessment, for one student out of 708 students who took the exam.A Division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi allowed the appeal filed...
Delhi Liquor ‘Scam’: Court Denies Bail To Vijay Nair, 4 Others In Money Laundering Case
A Delhi Court on Thursday denied bail to Aam Aadmi Party communications-in-charge Vijay Nair and four others in a money laundering case being probed by Enforcement Directorate (ED) in relation to Delhi government's excise policy.Special Judge MK Nagpal of Rouse Avenue Courts also denied bail to Sharath Reddy, Abhishek Boinpally, Benoy Babu and Sameer Mahendru.Copy of the order is...
'Litigants Going To Any Extent To Mislead Court': Allahabad HC Imposes ₹1 Lakh Cost On Govt Teacher For Filing PIL Suppressing Material Facts
Observing that nowadays litigants can go to any extent to mislead the court, the Allahabad High Court recently imposed a ₹1 lakh cost on a Government Teacher who filed a Public Interest Litigation (PIL) plea by suppressing material facts.The bench of the then Chief Justice Rajesh Bindal and Justice J. J. Munir further observed that in the post-Independence period, materialism has...
Delhi High Court Asks MEA To Seek Information From Abu Dhabi Authorities About Status Of 'Jailed' Software Engineer
The Delhi High Court on Thursday issued notice on a father’s plea seeking information about his son who is stated to have been jailed in United Arab EmiratesJustice Prathiba M Singh asked the Ministry of External Affairs (MEA) to obtain all relevant information relating to the person from the authorities in Abu Dhabi. It is the case of Zakir Hussain, 54, that despite repeated efforts made...
Bigamy Violation Of CISF Rules But Not Heinous Enough To Warrant Dismissal From Service: Gauhati High Court
The Gauhati High Court recently upheld an order of the single judge which had set aside the dismissal of a CISF personnel who was dismissed from the service on the ground that he contracted a second marriage during the subsistence of his first marriage. While dismissing the appeal filed by Union of India, the division bench of the Chief Justice (Acting) N. Kotiswar Singh and...