News Updates
'Aggravated Penetrative Sexual Assault' Under POCSO Act Doesn't Require Deep Or Complete Penetration: Meghalaya High Court
The Meghalaya High Court has observed that for the purpose of the POCSO Act, 'Aggravated Penetrative sexual assault' does not require deep or complete penetration and even the slightest amount of penetration would constitute the offence.With this, the bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh confirmed the conviction of a man under Section 5(m) of the POCSO Act who...
Bombay High Court Weekly Round-Up: October 17 To October 23, 2022
Nominal Index [Citations 390 – 406] 1. Sunita Manohar Gajbhiye v. Union of India 2022 LiveLaw (Bom) 390 2. Yash and Ors. v. State of Maharashtra and Anr. 2022 LiveLaw (Bom) 391 3. Ashok Babarao Patil v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 392 4. ABC v. State of Maharashtra 2022 LiveLaw (Bom) 393 5. Jyoti Jagtap...
Supreme Court Dismisses Plea Against ₹64 Lakh Penalty On Municipal Body For Dumping Solid Waste In Wular Lake
In a matter related to the dumping of solid waste in the catchment of Wular lake in Kashmir, the Supreme Court has dismissed an appeal that challenged National Green Tribunal's refusal to interfere with J&K State Pollution Control Committee's order imposing a penalty of Rs 64.21 Lakhs on Municipal Committee, Bandipora."We find no ground to interfere with the impugned order passed by...
Allahabad High Court Weekly Round-Up: October 10 To October 16, 2022
NOMINAL INDEX Tulsarani And Another v. Union Of India And 3 Others 2022 LiveLaw (AB) 462 Azizurrahman v. Hamidunnisha @ Sharifunnisha 2022 LiveLaw (AB) 463 Prveen Kashyap v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 464 Monu v. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others 2022 LiveLaw (AB) 465 ORDERS/JUDGMENTS OF THE WEEK Commercial Court Can't Hear S....
After Backlash, Pune Court Withdraws Notice Asking Women Lawyers To Not Arrange Their Hair In Court
The Pune District Court has withdrawn a notice issued by it earlier which asked women lawyers to not fix their hair in open court. The notice issued on October 20 had said that the act of women lawyers arranging their hair in open court was "disturbing the functioning of the Court".The notice received huge backlash online after Senior Advocate Indira Jaising tweeted about it."Wow now look! Who...
Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently observed that the question whether a particular case is of exceptional nature or not to warrant action under Section 8(4) of Prevention of Money Laundering Act can be determined only by the appellate authority at the time of considering the merits of the appeal and not by a Court in exercise of its writ...
Benefit Of Abatement Notification Can't Be Denied Merely For Mismatch In Quantum Of Purchase: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has ruled that the benefit of abatement notification cannot be denied solely because of a difference in the amount of purchase shown in the profit and loss account and invoices.The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical) has observed that Notification No. 15/2004-ST or, for...
Calling A Girl "Item" Is Derogatory, Roadside Romeos Deserve A Heavy Hand: Mumbai Court Convicts Man For Sexually Harassing Teenager
Calling an unknown girl "item" and pulling her hair would amount to outraging her modesty punishable under Section 354 of the IPC, a special court held while sentencing a 25-year-old businessman from Mumbai to a year and a half in prison in a sexual harassment case. Justice special judge S J Ansari observed that "Item is a term used generally by boys to address girls in a...
IBC Cases Weekly Round-Up: 17 October To 23 October, 2022
Supreme Court 1. Standard Of Pre-Existing Dispute Under IBC Is Not Equivalent To Principle Of 'Preponderance Of Probability':Supreme Court Case Title: Rajratan Babulal Agarwal v Solartex India Pvt. Ltd. & Ors. Case No.: Civil Appeal No. 2199 of 2021 The Supreme Court Bench, comprising of Justice K.M. Joseph and Justice Hrishikesh Roy, has held that the standard...
"Coal rejects" Attracts 5% GST: Punjab AAR
The Punjab Authority of Advance Ruling (AAR) has held that "coal rejects" are to be classified under HSN 2701 and are taxable at 5% GST.The two-member bench of Varinder Kaur and Viraj Shyamkarn Tidke has observed that where the goods are being received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment. Thus, if the...
CESTAT Deletes Penalty On Availment of Credit Of Input Services Used In Co-Generation Plant For Generation Of Electricity Sold Outside
The Chennai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has deleted the penalty imposed with regard to credit availed in respect of input services used in the co-generation plant for the generation of electricity sold outside.The bench of Sulekha Beevi C.S. (Judicial Member) has upheld a penalty imposed with regard to an input service tax credit on the services...
Income Tax Exemption Eligible On Activities Undertaken For Advancement Of General Public Utility: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the income tax exemption under Section 11 of the Income Tax Act is eligible for activities undertaken for the advancement of general public utility.The two-member bench headed by Pramod Kumar (Vice President) and Rahul Chaudhary (Judicial Member) has observed that the activities of the appellant were directed toward...