Punjab & Haryana High Court Dismisses Plea Filed Challenging CIC Order Denying PM CARES Fund Details

The Punjab and Haryana High Court recently dismissed a plea that was moved challenging an order of the Chief Information Commission denying information sought for regarding the PM CARES Fund details.The bench of Justice Mahabir Singh Sindhu noted that both the authorities, the office of CPIO and the CIC, are situated in New Delhi, and since they do not fall within the territorial jurisdiction...

"Protector Turned Perpetrator, Acted Like 'Cunning Cat'": Orissa HC Upholds Conviction Of Primary School Cook For Raping Hostel Inmates

The Orissa High Court has upheld the conviction and ensuing sentence of 12 years rigorous imprisonment imposed upon a 'cook-cum-attendant' of a Primary School in the district of Phulbani, who was accused of raping three inmates of the school hostel. While expressing shock and condemnation over such an unfortunate incident, a Single Bench of Justice Sangam Kumar Sahoo...

Existence Of Dependent Agent Permanent Establishment (DAPE) Is Of No Tax Consequence, If Agent Is Paid Arm's Length Remuneration: ITAT

The Mumbai bench of the Income Tax Appellate Tribunal (ITAT)has ruled that the business profits embedded in the reinsurance premium received by a non-resident reinsurance company, is not taxable in India if the company has no permanent establishment (PE) in India which is at its disposal.The bench of Pramod Kumar (Vice President) and Anikesh Banerjee (Judicial Member) held that unless it...

Mere Possession Of 'Jihadi Literature' Not An Offence Unless Material Shows Execution Of Philosophy To Commit Terrorist Acts: Delhi Court

Dealing with a case registered under Unlawful Activities (Prevention) Act, a Delhi Court has observed that mere possession of "jihadi literature" having a "particular religious philosophy" would not amount to an offence unless there is material to show execution of such philosophy to commit terrorist acts. "….to hold that mere possession of Jihadi literature having a particular...

'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...