News Updates
A Candidate Who Is Not In Reserve Or Waiting List Cannot Have Right Of Consideration: Delhi High Court
The Delhi High Court has said that a candidate, who is not falling in the reserve or waiting list, cannot claim a right to be considered for the appointment.A division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela said there is a sanctity attached to a reserve or waiting list by which candidates within such a list may be considered for appointment against vacancies created...
Once Marriage Stands Validly Dissolved By Foreign Court, Proceedings Under Domestic Violence Act Cannot Be Initiated : J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that once a marriage stands validly dissolved by a competent foreign court, the "domestic relationship" between the parties as husband and wife, which is necessary to invoke the provisions of the Domestic Violence Act, also ceases.The observations were made by the bench of Justice Vinod Chatterji Koul in a verdict on the petition...
Make My Trip, Go-Ibibo And Oyo Penalised For Rs. 392.36 Crores By CCI For Anti Competitive Practices
The Competition Commission of India ("CCI") Bench, comprising of Mr. Ashok Kumar Gupta (Chairman), Ms. Sangeeta Verma (Member) and Mr. Bhagwant Singh Bishnoi (Member), while adjudicating the matter of Federation of Hotel & Restaurant Associations of India (FHRAI) & Anr. v MakeMyTrip India Pvt. Ltd. (MMT) & Ors., has held that the commercial arrangement between Make My...
Section 13B(2) Hindu Marriage Act | Six Months Cooling Period Directory, Not Mandatory: Madhya Pradesh High Court
The High Court of Madhya Pradesh, Gwalior Bench recently said that the requirement of cooling period of six months between filing and allowing of an application under Section 13B(2) of the Hindu Marriage Act is directory and not mandatory.The Court was dealing with a petition whereby the parties were challenging an order passed by the family court, wherein their prayer for waving off the...
Delhi High Court Orders Sadar Bazar Trader To Pay ₹5 Lakh To Aero Group For Selling Counterfeit Woodland Products
The Delhi High Court has permanently restrained a trader in the national capital from manufacturing or selling counterfeit Woodland products and directed it to pay Aero Club a sum of Rs 5 Lakh within three months.Woodland's Parent Company Aero Club had approached the high court last year seeking permanent injunction restraining the infringement of its trademark and copyright. Aero Club or...
10% Community Quota For Non-Minority, Non-Backward Classes Unconstitutional: Kerala High Court On State's School Admissions Policy
A division bench of the Kerala High Court recently upheld the decision of the Single Judge holding community-based reservation of 10 percent seats in plus one admissions of aided higher secondary schools run by managements, other than minorities and other backward classes communities, as unconstitutional. The government in July decided to split the 30 percent management quota seats in...
Subleasing Of Containers; Deemed Sale , Service Tax Not Applicable ; Bombay High Court
The Bombay High Court has ruled that service tax would be applicable on transfer of goods only in cases where there is no "transfer of right to use" the said goods. The bench of Justices K. R. Shriram and A. S. Doctor ruled that in view of Article 366(29A)(d) of the Constitution of India, transfer of right to use goods is a deemed sale, which is subject to Sales Tax/VAT. The Court...
Works contract services provided to Malabar Cancer Centre Attracts 18% GST: Kerala AAR
The Kerala Authority of Advance Ruling (AAR) has held that work contract services provided to Malabar Cancer Centre attract 18% GST with effect from 01.01.2022.The two-member bench of S.L. Sreeparvathy and Abraham Renn S. has observed that Malabar Cancer Centre is a society established by the State Government with 100 per cent participation by way of equity or control, to carry out the...
Rewriting Commercial Contractual Terms Is Fatal To An Arbitral Award: Delhi High Court
The Delhi High Court has ruled that where the parties agree to enter into a mutual consultation in the future, for making amendments to an original agreement, the same would only constitute an "agreement to agree", which is not enforceable in law. The Court held that the finding of the arbitral tribunal that though the amendment contemplated by the "Amendment to the Share...
GST Payable On Value Of Free Diesel Filled By Service Recipient In Vehicle: Uttarakhand AAR
The Uttarakhand Authority of Advance Ruling (AAR) has ruled that when the transaction value of the goods transport agency (GTA) service is added to the free value of diesel, the value of free diesel filled by the service recipient in the vehicle(s) provided by the applicant will be subject to GST.The two-member bench of Anurag Mishra and Rameshwar Meena has observed that the input, i.e., fuel,...
Commercial Vehicle Body Building On Chassis Supplied By The Customer Is A Supply Of Service, Attracts 18% GST: Kerala AAR
The Kerala Authority of Advance Ruling (AAR) has ruled that commercial vehicle body building on chassis supplied by the customer is a supply of service.The two-member bench of S.L. Sreeparvathy and Abraham Renn S. has observed that commercial vehicle body building on chassis supplied by the customer attracts 18% GST.The applicant is in the business of bodybuilding commercial vehicles used...
NCLAT Delhi Restores PNB's Original Claim, in Jet Airways CIRP
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Punjab National Bank v Mr. Ashish Chhawchharia & Ors., has held that the Resolution Professional had incorrectly reduced the Punjab National Bank's admitted claim of Rs. 956 Crores to...