Non-Provision Of Certain Amenities For Disabled Inmate During Short Period Of Incarceration Not A Serious Human Rights Violation: Madras HC

While hearing a disabled lawyer's petition seeking enhanced compensation for alleged human rights violation during his arrest and subsequent time in jail, the bench of Justice R Subramanian and Justice K Kumaresh Babu observed that mere non-provision of certain amenities during a short stay inside the jail shall not amount to human rights violation.The petitioner, Muruganantham is affected...

Recording Of Reasons For Denying Furlough Not An Empty Formality: Bombay HC Directs Prison Dept To Pay Litigation Costs In Blast Convict's Case

In a rare instance, the Bombay High Court recently directed the Superintendent of Amravati Central Prison to pay the legal expenses or the 'cost of a petition' for denying furlough to a 60-year-old blast convict on "stereotyped reasons". "Considering the manner in which the impugned order has been passed, recording some worn out reasons, thereby revealing non-application of mind to...

Findings On Limitation, During Section 16 Proceedings, Can't Be Challenged Under Sec. 34 Of A&C Act: Gujarat High Court

The Gujarat High Court has ruled that the findings of the Arbitrator relating to the issue of limitation, arrived at while dealing with an application filed under Section 16 of the Arbitration and Conciliation Act, 1996 (A&C Act), challenging the jurisdiction of the Arbitrator on the ground that the claims raised by the claimant were barred by limitation, do not constitute an...

Onus To Prove The Goods Were Smuggled Lies On The Department: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the department bears the burden of proving that the goods are smuggled.The bench of Anil Choudhary (a judicial member) has observed that the show cause notice is vague as the valuation of the goods has been done by the Revenue without any relied-upon documents, i.e., copy of any retrieved...

Arbitration Cases Monthly Round-Up: November 2022

Supreme Court: Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court Case Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen Arnold The Supreme Court reiterated that while considering application under Section 11(6) of the Arbitration and Conciliation Act, the dispute with respect to...

Scrap Neither Generated From Manufacturing Nor From Cenvatable Input/Capital Goods, No Excise Duty Payable: CESTAT

The Ahmedabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has observed that excise duty is not payable on scrap, which is neither generated from the manufacturing process nor generated from the cenvatable input or capital goods.The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the Show Cause Notice was baldly...

Monthly Digest Of IBC Cases: November 2022

Supreme Court Can Provisional Attachment Under PMLA Be Passed After Initiation Of CIRP Under IBC? Supreme Court To Consider Case Title: Ashok Kumar Sarawagi v Enforcement Directorate & Anr. Case no.: Special Leave Petition (Civil) Diary No(S). 30092/2022 The Supreme Court Bench comprising of Chief Justice U.U. Lalit and Justice Bela M. Trivedi, has issued notice in...

TRS MLAs Poaching Case: Telangana High Court Grants Bail To Three Accused

The Telangana High Court today granted bail to three accused in connection with the alleged TRS MLAs poaching case, and directed them to appear before the Special Investigation Team (SIT), which is probing the case, every Monday.While granting them bail, the bench of Justice Chillakur Sumalatha took into account the fact that the accused have been in judicial custody for over a month and that...

Madras HC Reserves Order On Isha Foundation's Challenge Against Notice On Alleged Violation Of Environment Clearance Norms

The Madras High Court on Wednesday reserved orders on Isha Foundation's plea against Tamil Nadu government's notice initiating prosecution against the foundation for carrying out construction work between 2006-2014 at Coimbatore, without obtaining mandatory environmental clearance as per the Central Government's Environment Impact Assessment Notification, 2006.The bench of Acting Chief Justice...

Former Judicial Member Of NCLT Has No Vested Right To Reappointment: Gujarat High Court

The Gujarat High Court on Tuesday observed that a former Judicial member of the National Company Law Tribunal (NCLT) has no vested right to reappointment. The bench of Justice N. V. Anjaria and Justice Sandeep N. Bhatt observed thus while dealing with a writ petition filed by a former Judicial Member NCLT, Ahmedabad (Ms. Manorama Kumari) seeking re-appointment to the post.Kumari was appointed...

Uttarakhand Assembly Passes Stricter 'Anti-Conversion Bill', Introduces Offence Of 'Mass Conversion' With Upto 10 Yr Jail Term

The Uttarakhand State Assembly on November 29 passed the Uttarakhand Freedom of Religion (Amendment) Bill, 2022 to make its 2018 'Anti Conversion Law' stricter and more stringent. The bill was tabled in the State Assembly on the opening day of the winter session of Assembly by State Minister Satpal Maharaj.The bill seeks to make 'Unlawful Religious Conversion' a cognisable and...

Bogus Share Transaction: ITAT Denies Exemption Under Section 10(38) Of Income Tax Act

The Pune Bench of the Income Tax Appellate Tribunal has ruled that where the assessee fails to establish the genuineness of the transaction of sale and purchase of shares, and fails to rebut the findings of quasi-judicial bodies regarding the bogus transaction in shares, the said transaction is void ab initio. Thus, applying the principle of fraud, the ITAT held that the assessee was...