News Updates
CENVAT Credit Eligible On Service Tax Paid By Registered Premises Even If Invoices Raised In The Name Of Unregistered Branch Office: CESTAT
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the assessee is eligible for CENVAT Credit on service tax paid by registered premises even if invoices raised are in the name of an unregistered branch office.The single bench of Suvendu Kumar Pati (Judicial Member) has observed that in the event of centralised billing and centralised...
Income Tax On Interest Income From FD, Ownership Need To Te Determined By Arbitral Tribunal: Delhi High Court
The Delhi High Court has held that income tax cannot be levied on the interest income from fixed deposits till the ownership is determined by the arbitral tribunal.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has agreed with the finding of the two Appellate Authorities below that till the final award was passed by the Arbitral Tribunal determining the ownership...
'Statements Of Witnesses Inconsistent But Have To Be Read Cumulatively': Court Denies Bail To Accused In Delhi Riots Larger Conspiracy Case
A Delhi Court on Wednesday denied bail to Athar Khan, an accused in a case alleging a larger conspiracy behind the 2020 North East Delhi riots, observing that he attended various "conspiratorial" meetings, was one of the organizers of the Chand Bagh protest site where alleged inflammatory speeches were given and was also a member of DPSG WhatsApp group. While agreeing with the submission made...
Kerala High Court Deprecates Attempts Of Caste Groups To "Hijack" Reformers Like Sree Narayana Guru & Ayyankali
In a significant order, the Kerala High Court on Wednesday held that the religion of the parties is not a consideration for registering marriages under the Kerala Registration of Marriages (Common) Rules, 2008. While passing the order, Justice P. V. Kunhikrishnan quoting the famous words of 'Sree Narayana Guru', which says that this is a place where people reside in brotherhood without...
Rohini Ashram Case: Delhi High Court Asks CBI To File Report on Whereabouts Of Virendra Dev Dixit
Dealing with a plea related to the living conditions of women at a Rohini-based ashram, the Delhi High Court has directed the Central Bureau of Investigation (CBI) to file a fresh response regarding steps taken to arrest Virendra Dev Dixit, a self styled godman and Chief of the institution, who has been declared as a proclaimed offender in a sexual exploitation case. A division bench of...
A Will will Be A Will Only When It will Lay To Rest the Wishes Of Who Is At Rest: Delhi High Court
The Delhi High Court has said that it is imperative for a court to look at a Will from the eyes of a layman rather than a lawman for reaching a final outcome.A division bench of Justice Suresh Kumar Kait and Justice Saurabh Banerjee observed that it is the foremost duty of the Court to carefully give a purposeful meaning to the words and logical interpretation to the language used in a Will...
Karnataka HC Directs Restoration Of De-Reserved Grazing Lands Not Utilized For Allotted Purpose, Compliance Of Land Revenue Rules In Future
The Karnataka High Court has directed the state government to ascertain as to whether the grazing lands (mention in writ petition) which have been de-reserved have been utilised or allotted for the purpose for which they were de-reserved or whether any developmental activities have taken place in the said land. It directed that if it is found that the said lands are not utilised or allotted...
Chhatrasal Stadium Case: Delhi Court Frames Murder Charges Against Wrestler Sushil Kumar
A Delhi Court on Wednesday framed charges against wrestler Sushil Kumar and 17 other accused for the murder of 27-year-old former junior national wrestling champion Sagar Dhankar in May 2021.Additional Sessions Judge Shivaji Anand of Rohini Courts also framed charges under Section 307 and 34 of the Indian Penal Code against the accused for causing injuries to one of the victims, Jai...
Execution Of Arbitral Award Is To Be Filed In The Seat Court And Not At The Place Of Land Acquired: Punjab And Haryana High Court
The Punjab and Haryana High Court has held that execution of an arbitral award passed under the NHAI Act is to be filed at the Seat Court and not where the acquired land is situated. The bench of Justice Raj Mohan Singh held that once the seat of arbitral proceeding is fixed then only the court within whose jurisdiction the seat is situated would have the jurisdiction to decide all...
Use Of The Word 'Can' In An Arbitration Clause Does Not Render It Ineffective, Intention To Be Looked Into: Delhi High Court
The Delhi High Court has held that mere use of the word 'can' in an arbitration clause does not render it ineffective and the intention of the parties to go for arbitration is to be determined on a complete reading of the clause and relevant clauses. The Bench of Justice Prateek Jalan reiterated that exclusive jurisdiction clause would override a venue clause, therefore, the court...
Kerala HC Quashes Proceedings Against Mollywood Actor Sreenath Bhasi For Verbally Abusing Interviewer Following Settlement
The Kerala High Court on Wednesday quashed the criminal proceedings that had been initiated against Malayalam film actor, Sreenath Bhasi, for using filthy language against a female interviewer, following a settlement between the parties.Justice Kauser Edappagath, while passing the order, observed that, "The dispute in the above case is purely personal in nature. No public interest or harmony...
"Confirming Party" To A Contract, Who Is Not Signatory To The Arbitration Clause, Can Invoke Arbitration: Delhi High Court
The Delhi High Court has ruled that a confirming party to a Contract, who is not bound by the terms of the Contract and on whom no liability is affixed under the Contract, can be referred to arbitration even if he is not a signatory to the arbitration clause contained in the Contract. The Single Bench of Justice Neena Bansal Krishna held that the fact that the party had signed...