News Updates
'State' Is An Unnecessary Party To Anticipatory Bail Applications : Manipur High Court
The Manipur High Court has issued following directions to its registry regarding the filing of anticipatory applications.a) The Registry should ensure that petition for anticipatory bail or regular bail should be appended with legible copies of complaint and the FIR registered against petitioner/accused. If the petitioner/ accused fails to enclose copies of the complaint and the FIR, the...
Section 34 Of The A&C Act Application Pending For 13 Years, MP HC Directs District Courts To Decide All Petitions Within 1 Year
The Madhya Pradesh High Court has expressed strong displeasure for keeping a petition under Section 34 of A&C Act pending for 13 years .The bench of Justice Subodh Abhaynkar remarked that delay in deciding arbitration applications mocks at and frustrates the very object for which the Act was promulgated. The Court directed the all the district Court to decide all the petitions...
Death Of One Of The Arbitrators - But Decided To Pass Award Prior To Death - Not Contrary To Section 10 Of A&C Act: Rajasthan High Court
The Rajasthan High Court has ruled that if an Arbitral Tribunal had principally decided to pass the award on a day when all the members of the Arbitral Tribunal were present, merely because the detailed award was passed on the day when one of the members of the Arbitral Tribunal was not alive, and was thus signed by only two members, it cannot be said that the award was contrary to...
Demand Of Tax and penalty can't be imposed on the basis of conjecture : Allahabad High Court
The Allahabad High Court has held that the demand for tax and penalty cannot be imposed on the basis of conjecture and surmise, especially in cases where the goods were accompanied by a tax invoice and E-way bill.The single bench of Justice Pankaj Bhatia has observed, "As the respondent has not approached for availing of the benefits that flow from Section 129, coupled with the fact that...
Setting up of Electric Loco Shed For Railway Constitutes Composite Supply Of Works Contract Service: AAAR
The Uttar Pradesh Appellate Authority of Advance Ruling (AAAR) has held that the setting up of an Electric Loco Shed for the Railway constitutes a composite supply of work contract service.The two-member bench of S. Kannan and Ministhy S. has observed that the project of setting up an electric loco shed at Saiyedpur Bhitri, Uttar Pradesh, fulfils the conditions of it being an...
Tax Cases Monthly Round-Up: October, 2022
Indirect Taxes Supreme court Supreme Court Directs Andhra Pradesh To Transfer To Jharkhand CST Collected From Tata Motors In Respect To Sale To APSRTC Case Title: Tata Motors Limited Versus Central Sales Tax Appellate Authority & Others Citation: 2022 LiveLaw (SC) 847 The Supreme Court has directed the state of Andhra Pradesh to transfer to Jharkhand the amount of...
Delhi Police Evidence 'Not Reliable And Sufficient' To Prove He Was Part Of Mob: Court Acquits Accused In 2020 Riots Case
A Delhi Court has acquitted an accused Noor Mohammad alias Noora of all the charges levelled against him by Delhi Police in a case of Northeast Delhi riots."There is no evidence of any kind of overt act against the accused herein, nor is there consistent testimony of four witnesses regarding identification of accused in riotous mob," said the courtAdditional Sessions Judge Pulastya...
Arbitration Cases Monthly Round-Up: October 2022
Supreme Court: Arbitral Tribunal Must Give Reasons For Fixing Interest Rate; Award Holder Not Entitled To Interest For Delay Caused By It : Supreme Court Case Title: Executive Engineer (R and B) versus Gokul Chandra Kanungo The Supreme Court recently held that a case where the award holder was responsible for delaying the proceedings which led to a huge lapse of time would be a...
CBDT Issues Draft common Income-tax Return-request for inputs from stakeholders and the general public
The Central Board of Direct Taxes (CBDT) has issued the draft common income-tax return request for inputs from stakeholders and the general public.Depending on the type of person and the nature of their income, taxpayers are currently required to file income tax returns on ITR-1 through ITR-7. The current ITRs are in the form of designated forms, and the taxpayer is required to go through all...
Morbi Bridge Collapse | "Allegations Against Them Are Well-Founded": Morbi Court Sends 4 Accused To Police Custody Till Nov 5
A Court in Morbi on Tuesday sent four accused to 5-day police custody in connection with the October 30 Morbi Bridge Collapse incident in which over 130 people lost their lives. The Bridge which was constructed during British rule had been closed since March for renovation. It was re-opened for the public just four days before it collapsed on Sunday night. Of the four accused, two...
Human Sacrifice Case | Kerala Court Denies Bail To Accused After Prosecution Says She Was Active Participant In Murders
The Judicial First Class Magistrate Court-VIII, Ernakulam on Wednesday dismissed the bail application filed by one of the accused, Laila Bhagaval Singh, in the Elanthoor human sacrifice case.The JFCM-VIII, Ernakulam, Eldose Mathew, found favour with the submission made by the prosecution that the incident in the said case is one which has had no precedent in the State in the recent past....
Are Aadhaar Card Details Given By People Requesting Video Call With Prisoners Verified? Delhi High Court Asks Tihar Superintendent
The Delhi High Court has directed the Superintendent of Tihar Jail to explain the procedure as to how the request for setting up video calls with prisoners are dealt with by the prison authorities.Justice Swarana Kanta Sharma also asked whether any record of such video call is maintained and for how much duration the call is allowed. The court has specifically asked whether the Aadhaar...