News Updates
Satisfied With CB-CID Investigation, Madras High Court Refuses CBI Probe Into Custodial Death
The Madras High Court recently refused to transfer the investigation of the alleged custodial death of Vignesh to the Central Bureau of Investigation. Justice V Sivagnanam observed that the investigation by CB-CID was satisfactory and that there was no need to transfer the case.On a perusal of the investigation status report, I find no materials to show that the present investigating...
Kerala High Court Orders Release Of Electricity Charges To Private College Requisitioned As COVID Treatment Centre
The Kerala High Court recently directed the District Collector, Pathanamthitta to disburse electricity charges to a private college which was used as a Covid First Line Treatment Centre from May 21 to December 20 in 2020.Justice V.G. Arun passed the order directing the officer, who is also Chairperson of Disaster Management Authority, to disburse the amount within an outer limit of...
Delhi High Court Imposes ₹25K Cost On Litigant Seeking Impleadment Of Elon Musk In Case Against Twitter Account Suspension
The Delhi High Court on Friday dismissed with Rs. 25,000 cost an application seeking impleadment of Elon Musk in a plea challenging the suspension of a Twitter account.Justice Yashwant Varma dismissed the application by calling it "thoroughly misconceived.""The application is thoroughly misconceived. It cannot possibly be disputed that the corporate entity (Twitter) already stands...
High Court Refuses Intervention In PIL Seeking Recognition Of Hindi As Official Language Of J&K And Ladakh
The Jammu & Kashmir & Ladakh recently refused to entertain a public interest litigation (PIL) petition seeking directions to declare Hindi as official language in the Union Territories of Jammu & Kashmir and Ladakh. A bench comprising Chief Justice Ali Mohammad Magrey and Justice Vinod Chatterji Koul observed that the subject of the PIL squarely comes within the domain...
'Acute Failure Of Doctors, Shocks Judicial Conscience': Orissa High Court Awards ₹10 Lakh Compensation To Family Over Woman's Maternal Death
In an important judgment, the Orissa High Court yesterday directed the State Government to constitute an Advisory Board of health care experts to draw up a 'Comprehensive Action Plan' to address the issue of maternal deaths. It has also ordered the Government to come up with a Scheme or Policy to address the need for providing redress including award of compensation for...
Test For Comparing Trademarks Of Medicinal Products Far Stricter As Any Confusion Would Result In Public Injury: Delhi High Court
The Delhi High Court has said that the test for comparison of two trademarks related to medicinal products needs to be far stricter than the one applied to other goods, as any confusion in the same would result in public injury.Justice Navin Chawla made the observation while granting ad interim injunction in favour of FDC Limited, a pharmaceutical company, in its trademark infringement...
"Wife's Mere Act To Roam With A Person Doesn't Amount To Adultery": MP High Court Upholds Dismissal Of Husband's Divorce Plea
The Madhya Pradesh High Court recently observed that a wife's mere act of meeting or roaming with a person other than the husband does not constitute adultery. With this, the bench of Justice Vivek Rusia and Justice Amar Nath (Kesharwani) upheld an order of the Family court dismissing an application filed under section 13(1)(1)(1a) of the Hindu Marriage Act by the husband on the grounds...
Currency can't be confiscated if it is not Proceeds Of Goods Cleared Clandestinely: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the seized currency during the course of an investigation cannot be confiscated without proving that the said seized currency is the sale proceeds of excisable goods cleared clandestinely.The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has ordered that...
Employer's Right To Utilize Employee's Services On Promotion Can't Be Curtailed By General Guidelines On Routine Transfers: Delhi High Court
The Delhi High Court has ruled that the right of an employer to utilize the services of an employee upon promotion cannot be curtailed by general guidelines issued for regulating annual or routine transfers.Justice Rekha Palli also accepted the argument that even if the transfer of an employee, who is in a transferable job, is in violation of executive guidelines, court must not...
Applicant Withheld Information Regarding Commencement Of Investigation: AAAR Declares AAR's Ruling Void
The Gujarat Appellate Authority of Advance Ruling (AAAR) declared the AAR ruling void as the appellant had withheld information regarding the commencement of an investigation against them on the issue raised by them in the application for an advance ruling.The two-member bench of Vivek Ranjan and Milind Torawane has observed that the term "proceeding" is a very comprehensive term and,...
No Tax Implications On Business Profits Earned On Reinsurance Business In Absence Of Fixed Place PE in India: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that there are no tax implications on business profits earned on account of the reinsurance business in the absence of a fixed place permanent establishment (PE) in India.The two-member bench headed by Pramod Kumar (Vice President) and Anikesh Banerjee (Judicial Member) has observed that the existence of the dependent...
CBIC Exempts Export Duty On Several Varieties of Rice From November 1, 2022
The Central Board of Indirect Taxes and Customs (CBIC) has exempted several varieties of rice from export duty with effect from November 1, 2022.The varieties of rice that are exempt from export duty include husked (paddy or rough) rice, husked (brown) rice, and semi-milled or wholly-milled rice subjected to certain conditions.Firstly, goods meant for export to Nepal when exported through...