News Updates
Amazon Moves Delhi HC Challenging 1 Lakh Penalty Imposed By CCPA For Violating Mandatory Standards While Selling Pressure Cookers
Amazon Seller Services has moved the Delhi High Court challenging an order passed by Central Consumer Protection Authority (CCPA) imposing a penalty of rupees one lakh imposed on it for allowing sale of domestic pressure cookers in violation to mandatory standards on its e-commerce platform. Justice Yashwant Varma has posted the matter for hearing on September 19, as the counsel appearing...
Madras High Court Allows Concessional Customs Duty Benefit On Goods Used In Rotor Of Windmills For Notional Billing To Customer
The Madras High Court has allowed the concessional customs duty benefit on goods used in the rotor of windmills for notional billing to customers.The single bench of Justice M. Nirmal Kumar has observed that the imported rotor blades need no customization and mechanisation. Hence, raising an invoice in the name of the client after importing and transporting it to the customer's site is...
Pre-Trial Incarceration Cannot Be Ordered As Matter Of Rule: Himachal Pradesh High Court Grants Bail To Rape Accused
The Himachal Pradesh High Court recently, while granting bail to a rape-accused, observed that pre-trial incarceration cannot be ordered as matter of rule. The observation was given by Justice Satyen Vaidya: "The bail application has been opposed on the ground that the petitioner is required for custodial interrogation. However, except for a bald assertion, nothing has been shown as...
Candidates Born In Maharashtra But Completed 10th/ 12th From Outside Due To Parent's Army Posting Entitled To State Quota In Admissions: High Court
The Bombay High Court has read down rule for Maharashtra quota reservation with respect to admission in 5-year law program in the State for candidates who are born/ domiciled in Maharashtra but who could not complete their 10th/ 12th from the State on account of their parent's army posting."Rules are not ultra vires, however, we may hasten to add that same needs to be read down to...
Delhi High Court Sets Aside Murder Conviction & Life Sentence Of Man Who Was Unrepresented By Lawyer, Remands Case Back To Trial Court
Setting aside the orders of conviction for murder and sentence of life imprisonment awarded to a man in 2018 who was unrepresented by a lawyer before the Trial Court, the Delhi High Court has remanded the case back to the Trial Court for cross examination of certain prosecution witnesses. A division bench comprising of Justice Mukta Gupta and Justice Anish Dayal was of the view that there...
Accused Can't Ordinarily Move Quashing Plea If Sessions Court Granted Pre-Arrest Bail On Condition To Cooperate In Criminal Investigation: Karnataka HC
The Karnataka High Court has said that an accused who has secured anticipatory bail orders at the hands of jurisdictional Sessions Judge, wherein a condition is stipulated for the accused to cooperate in the investigation process, cannot readily approach the High Court seeking quashing of the criminal proceedings. A single judge bench of Justice Krishna S Dixit while dismissing...
Ex-Parte Orders Passed Without Issuance Of Notice Cannot Be Brought Within Purview Of S.36 CPC For Execution: Kerala High Court
The Kerala High Court recently observed that an order passed without issuing notice to the opposite party cannot be brought under the purview of Section 36 CPC and it cannot be executed through court until the same is merged in a subsequent order after notice to the opposite party.Justice P. Somarajan observed that in cases where the ex parte order has been passed without issuing notice to...
Bombay High Court CJ Dipankar Datta Recuses From Hearing PIL Seeking To Expedite Process For Appointment Of Judges
Chief Justice Dipankar Datta of Bombay High Court recused from hearing a Public Interest Litigation praying for the process of appointment of judges at the high court to be expedited. The PIL, filed by Dr. Sharmila Ghuge, professor of law at Mumbai University also prays that retired high court judges be appointed as ad-hoc judges till the process of fulfilling the sanctioned strength...
S.14 SARFAESI Act | District Magistrate Can Delegate Powers To Executive Magistrate To Take Possession Of Secured Assets: Calcutta High Court
In an important decision delivered today, the Calcutta High Court has held that step taken under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act') while taking possession of the secured assets is a ministerial step and hence, the Chief Metropolitan Magistrate or the District Magistrate need not go personally...
High Court Sets Aside Bihar Secretariat's Order Withholding Employee's 100% Pension Pending Disciplinary Action, Imposes ₹1 Lakh Cost
The Patna High Court recently reversed an order passed by the Bihar Secretariat's office withholding an employee's 100% pensionary benefits, without concluding the disciplinary enquiry initiated against him. Justice P. B. Bajanthri also directed the Secretariat officials to pay a cost of Rs.1 Lakhs to the Petitioner, for "lapses" in following Bihar Pension Rules. The petitioner...
12% GST Payable On Works Contract Services Executed To Karnataka Housing Board For Construction Of Police Station: AAR
The Karnataka Authority of Advance Ruling (AAR) has ruled that 12% GST is payable on work contract services executed for the Karnataka Housing Board for the construction of a police station.The two-member bench of M.P. Ravi Prasad and T.Kiran Reddy has held that work contract services executed to the Karnataka Slum Development Board under the Pradhan Mantri Awas Yojana, as a...
CESTAT Allows Interest On Custom Duty Refund From Deposit Date To Refund Date
The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the 12% interest on custom duty refund from the deposit date to the refund date.The bench of Anil Choudhary (Judicial Member) has observed that the amount of deposit made during investigation or audit becomes pre-deposit ipso facto upon contest of the dispute or filing of the appeal, and the...