Every Dispute Of Unaided Private Institution Does Not Ipso Facto Become Amenable To Writ Jurisdiction, Public Law Element Must: J&K&L High Court

The Jammu & Kashmir & Ladakh High Court recently ruled that an unaided private educational institution may qualify to be a "Public authority" amenable to writ jurisdiction of High Court, however, a mandamus will not be issued unless action of such authority complained of falls in the domain of public law as distinguished from private law. A bench comprising Justice...

Delhi High Court Refuses To Entertain Former PFI Chairman E Abubacker's Plea Seeking Bail On Medical Grounds

The Delhi High Court Thursday 'dismissed as withdrawn' the plea moved by E Abubacker, the former chairperson of Popular Front of India (PFI), for bail on medical grounds. He was recently arrested by the National Investigation Agency (NIA) and has been in custody since September 22.The 70 year old had claimed that he is suffering from multiple ailments including a rare type of oesophagus...

[Maharashtra Protection Of Depositors Act] Seriousness Of Accusation No Reason To Deny Bail To Undertrial If Half Sentence Served: High Court

The Bombay High Court granted bail to a businessman accused of duping investors of crores of rupees under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, observing that gravity of his offence cannot be a reason to deny him benefit of section 436-A of the CrPC. Under the section, an accused who has undergone one half of the maximum...

Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years

The Madras High Court recently quashed FIR against a man booked under the Narcotics and Psychotropic Substances Act 1985 for possessing ganja after observing that there were serious lapses on the part of the investigating officer. Justice G Jayachandran observed that the seized contraband had not been tested for its content even after 5 years. Further, in spite of directions by the court,...

Denied Son's Community Certificate By Revenue Authorities, Man Sets Himself Ablaze Inside Madras High Court Premises

The Madras High Court was witness to a horrific incident on Tuesday when a man, later identified as Velmurugan, set himself on fire inside the court premises. A day later, succumbed to the burn injuries at a hospital He set himself ablaze near the mediation centre building inside the court premises after he was allegedly denied community certificate for his son by the Revenue Authorities....

Allegations Of Clandestine Removal Of Goods Merely Based On Entries In Diaries Not Sustainable: CESTAT

The Allahabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the allegation of clandestine removal is merely based on the entries in diaries, etc. is not sustainable.The bench of P. Anjani Kumar (Technical Member) has observed that the department has not adduced any additional evidence, even on a sample basis, to substantiate the allegation of...

Parathas Different from Plain Chapatti, Attracts 18% GST: Gujarat AAAR

The Gujarat Appellate Authority of Advance Ruling (AAAR), while upholding the ruling of AAR, has held that 18% GST is applicable on parathas.The two-member bench of Vivek Ranjan and Milind Torawane has observed that the parathas are different from plain chapatti or roti and cannot be treated as or covered under the category of plain chapatti or roti. The appropriate classification of...

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...