News Updates
Fill Vacancies In Consumer Forums, Submit Report On Infrastructure Requirements Of DCDRCs, State Commission: High Court To Delhi Govt
The Delhi High Court has issued a slew of directions for improvement of infrastructure and filling up of vacancies in State and district consumer forums. Noting that a total of 24 posts for various categories are vacant in the district forums, Justice Pratibha M Singh directed that the same be filled up within a period of four weeks after the lifting of Model Code of Conduct in Delhi,...
Excise Law | Appointment Or Resignation Of Directors Cannot Be Equated With Change In Shareholding And Management Of Company: Calcutta High Court
The Calcutta High Court has observed that a shift or change in the management of a Company means a substantial and significant movement of the shares of such Company which leads to a shift in its management structure.While allowing a writ petition challenging excise regularisation fee of Rs. 1.45 crores imposed by the Superintendent of Excise upon a public limited company for alleged change...
Telangana High Court Stays SIT's Notice To BJP leader B L Santhosh; State Says His Desperate Attempts To Avoid Investigation Raise Suspicion
The Telangana High Court on Friday stayed the notice issued by the Special Investigation Team to BJP's National General Secretary B.L. Santhosh in connection with the ongoing investigation in the alleged TRS MLA poaching case.Justice K. Surender in the order said that the notice does not fulfil any of the three requirements under Section 41A CrPC."Prima facie, this Court finds that not one of...
CBEC Not Empowered To Modify the Scope of Exemption Notification issued by the Central Government: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the Central Board of Excise and Customs (CBEC) is not empowered to modify the scope of an exemption notification that the Central Government has issued.The two-member bench of Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that the exemption notification is issued...
Likely To Spread Misinformation On Social Media, May Cause Unrest In Society: Delhi Police Opposes Umar Khalid's Interim Bail Plea
Opposing the interim bail application moved by activist Umar Khalid, the Delhi Police has claimed that he is "likely to spread misinformation by use of social media" during his release and is also "likely to cause unrest in the society."The police have made the submission in response to Khalid's plea seeking interim bail for a period of two weeks to enable him attend his sister's...
Supreme Court Declines To Grant Relief In Department's SLP Against Judgement On Countervailing Duty
The Supreme Court, today has adjourned without issuing notice, the department's appeal against the Gujarat High Court's judgment in the case of countervailing duty (CVD).The bench of Justice Sanjeev Khanna, and Justice J K Maheshwari, while observing in favor of the domestic industry, repeatedly directed the government to follow the judgment of the Gujarat High Court to avoid...
Allahabad HC Orders Minimum Pay At Par With Regular Employees For IV Class Contractual Employees Working Since 2005
The Allahabad High Court recently directed the Uttar Pradesh Government to grant a minimum pay (at par with regular employees) to 4 IVth class contractual employees who are working with U.P. State Legal Services Authority since 2005.This order came from the bench of Justice Alok Mathur which relied upon the Supreme Court's ruling in the case of State of Punjab Vs. Jagjeet Singh (2017) 1 SCC...
Intention Of Parties As To Seat Of Arbitration Can Be Determined From Their Conduct: Kerala High Court
The Kerala High Court recently reiterated that the intention of the parties to an agreement, as to the seat of arbitration, can be determined from their conduct.Justice N. Nagaresh was dealing with a case where the Sale Contract between the parties prescribed Haridwar as the seat of arbitration but the subsequent High Sea Sale Agreement prescribed Kollam as the seat.While determining the...
Bar Council Of Kerala Registers Suo Motu Case Against Six Lawyers For Alleged Professional Misconduct
A suo motu case alleging professional misconduct has been registered by the Bar Council of Kerala against the lawyers of a Kochi-based law firm.The case has been initiated against Advocates B.A. Aloor, Prasanth K.P., Anuraj S., Krishnenthu Suresh, Vishnu Dileep, and Mohammed Ameer of Aloor Associates on the basis of media reports stating that they "created dramatic scenes" in the court...
Filing Of Form 10–IC Is Mandatory Condition To Claim The Benefit Of Reduced Corporate Tax Rate For The Domestic Companies: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that in order to claim the benefit of a reduced corporate tax rate, domestic companies have to mandatorily file Form 10–IC.The two-member bench of Sandeep Singh Karhail (Judicial Member) and Om Prakash Kant (Accountant Member) has observed that the assessee did not file Form 10–IC before the due date of filing the return...
S.233(3) CrPC | Prosecution Witness Cross-Examined By Accused Cannot Be Compelled To Appear As Defence Witness: Kerala HC
The Kerala High Court on Friday reiterated that a prosecution witness who was examined in chief, cross-examined and re-examined, cannot be compelled to appear before the Court as Defence Witness under Section 233(3) CrPC. Section 233(3) CrPC provides that if the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or...
'Pelse' Or 'Plus++' May Deceive Consumers, Delhi High Court Orders Permanent Injunction In Favour Of Pulse Candy In Trademark Infringement Case
The Delhi High Court has passed a permanent injunction restraining a manufacturer from selling fruit candies with names like Pelse or Plus++ after the Dharampal Satyapal Group, which produces the famous Pulse Candy, in a suit said that such adoption of similar names by the defendants amounts to infringement.Justice Navin Chawla also held the plaintiff DS Confectionery Products Limited entitled...