News Updates
Second Writ On Same Subject Without Disclosing Pending Litigation: Andhra Pradesh HC Imposes 1 Lakh Cost, Initiates Criminal Contempt Action
The Andhra Pradesh High Court, while dismissing a second writ petition filed by the petitioner against the same respondents and for the same relief, observed that the filing of the second writ petition amounted to abuse of the process of the Court. The petitioner had approached the High Court praying for the issuance of the writ of mandamus directing the authorities to remove...
Election To Board Of Directors In Banking Company A Private Affair; Writ Not Maintainable: Kerala High Court
The Kerala High Court on Tuesday held that writ petitions cannot be instituted against the matter of rejection of nomination for election to the post of Director in the Board of a private banking company. The Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly while in appellate jurisdiction found that the writ petitions before the Single Judge were not...
Preventive Detention Curtails Fundamental Rights, KAAPA Detaining Authority Should've Considered Bail Cancellation Instead: Kerala High Court
Quashing a preventive detention order under Kerala Anti-Social Activities (Prevention) Act (KAAPA), the High Court recently said the authorities should have considered the option of bail cancellation in respect of the first case against the detenu before resorting to the extreme measure of preventive detention.The court clarified that it was not saying that such an option should "necessarily...
GSTN Issues Advisory on Filing TRAN forms for Taxpayers from Daman and Diu And Ladakh
The Goods and Service Tax Networks (GSTN) has issued an advisory on filing TRAN forms for taxpayers from Daman, Diu, and Ladakh.Due to the reorganisation of the state of Jammu & Kashmir and the merger of the Union territories of Dadra and Nagar Haveli and Daman and Diu, the taxpayers of Ladakh and the earlier "Daman and Diu" region have been allotted new GSTINs. There was therefore doubt...
Widow-Widower Live-In Couple Granted Protection By Rajasthan HC; Says Privacy & Liberty Of Individuals Cannot Be Infringed
The Rajasthan High Court, while disposing of a petition filed for protection of life and personal liberty by a widowed woman and a widower man staying together in a live-in relationship, observed that the petitioners have a constitutional right to privacy, liberty and choice. The petitioners moved the High Court and filed a petition under Article 226 of the Constitution for protection...
Service Tax is Payable On Computer Education Service Under Vocational Training: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service tax is payable on computer education services under vocational training.The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the computer education service has been excluded from the Vocational Training service by Notification No....
[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC
Observing that closure of proceedings at an initial stage has not been appreciated, the Delhi High Court has said that even if it is found that the proceedings are vitiated in the absence of sanction under Section 197 CrPC, then court may direct the authority to take sanction and then proceed, instead of completely quashing the entire proceedings."Same was the view taken in Fertico Marketing...
Shareholder Can't Itself Initiate Proceedings Before Magistrate For Fraud U/S 447 Of Companies Act, 2013: Karnataka High Court
The Karnataka High Court has held that a shareholder, minority or otherwise, cannot initiate proceedings before the Magistrate by himself or herself for an alleged offence of fraud under Section 447 of the Companies Act, 2013. A single judge bench of Justice Suraj Govindaraj said, "Sub-Section (6) of Section 212 of the Act specifically deals with the offences covered under Section 447...
No Default Bail U/S 167 CrPC If Chargesheet Filed Before Arrest: Karnataka HC Rejects Accused Plea In Gauri Lankesh Murder Case
The Karnataka High Court has dismissed a petition filed by Hrishikesh Devdikar, an accused in the journalist Gauri Lankesh murder case, seeking default bail under section 167 (2) of the Criminal Procedure Code. A single judge bench of Justice Suraj Govindaraj said that the accused would not be entitled to the benefit under Section 167(2) CrPC if the charge sheet was filed before his...
Dividends Received By IFFCO From OMIFCO Oman Can't Be Disallowed Under Income Tax Act: Delhi High Court
The Delhi High Court has held that the dividends received by Indian Farmers Fertiliser Cooperative (IFFCO) from Oman India Fertiliser Company S.A.O.C (OMIFCO) Oman cannot be disallowed under the Income Tax Act.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that since the dividend received by the assessee from OMIFCO, Oman is chargeable to tax in...
Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court
The Delhi High Court has said the Central Administrative Tribunal (CAT) "ordinarily should" endeavour to examine a case on merits rather than dismissing the same on technicalities.Dismissing a plea filed by an employee challenging the order by which his original application against the disciplinary action taken against him was rejected by CAT, a division bench of Justice Sanjeev Sachdeva...
GSTIN Linking Cannot Be Denied Merely For Providing Information In Wrong Form: Rajasthan High Court
The Rajasthan High Court has held that the Goods and Service Tax Identification Number (GSTIN) link cannot be denied merely for providing information in the wrong form.The division bench, Justice Sandeep Mehta and Justice Kuldeep Mathur, has observed that absolute hyper-technical ground cannot be considered valid so as to deny the petitioner the opportunity to link the GSTIN of his father's...