Kerala High Court Quarterly Digest: July To September 2022 [Citation 314-507]

Nominal Index [Citation LiveLaw(Ker) 314-507]Bharat Petroleum Corporation & Anr v. Saju A.R & Ors, 2022 LiveLaw (Ker) 314Southern Railway v. M/s Cherian Varkey Construction Co. Pvt Ltd, 2022 LiveLaw (Ker) 315Abdul Jaleel v. Cabinet Principal Secretary & Ors, 2022 LiveLaw (Ker) 316R. Baji v. Kerala State Road Transport Corporation Ltd, 2022 LiveLaw (Ker) 317Saritha S. Nair v. Union...

Rape On False Marriage Promise - Allegation Not Sustainable If Woman Continued Relationship Even After Knowing About Man's Marriage: Kerala High Court

The Kerala High Court on Thursday reiterated that if a man retracts his promise to marry a woman, the consensual sex they have had will not constitute rape unless it is established that the consent was obtained by him by giving false promise of marriage with no intention of adhering to it, and that promise made was false to his knowledge. Quashing a rape case against a 33-year-old man,...

Arbitral Award Directing Specific Performance Of Contract, Cannot Be Set Aside On Ground Of Inequitable Nature Of Contract: Madras High Court

The Madras High Court has ruled that an arbitral award directing specific performance of a contract, cannot be set aside on the ground that the nature of agreement between the parties was not capable of specific enforcement. The Court added that the said issue related to the construction of an agreement, which cannot be made a ground for interference of the arbitral award under Section 34...

NCLAT Delhi Sets Aside Unreasoned Order Passed By AA For Not Satisfying "Requirements Of An Order"

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice M. Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Gandhar Oil Refinery (India) Ltd. v City Oil Pvt. Ltd., has set aside an order passed by Adjudicating Authority dismissing a petition under Section 9 of IBC, for not...

[Eid Procession] "As Far As Citizens Are Permitted To Celebrate Festivals, The Banners Of Committees Become Immaterial": Gujarat High Court

While hearing two pleas challenging the State police's 'inaction' to decide the applications filed by Ahmedabad-based committees/banners to take out Eid-e-Milad processions, the Gujarat High Court today remarked that what is important is that the festivals are allowed to be celebrated, and it is immaterial under whose banner the same are being celebrated."The purpose is that celebrations...

BJP MP Moves Delhi High Court Against Stay Order On Lokpal Proceedings Against JMM Chief Shibu Soren

BJP MP Nishikant Dubey has approached the Delhi High Court seeking vacation of the stay ordered by it on the proceedings initiated by Lokpal of India against Jharkhand Mukti Morcha (JMM) Chief and Rajya Sabha MP Shibu Soren in connection with a complaint alleging that he has amassed huge wealth by corrupt means.Justice Yashwant Varma sought Soren's response on Dubey's application while...

No GST On Subsidised Deduction made From Employees Availing Food In Factory Or Corporate Office: Gujarat AAR

The Gujarat Authority of Advance Ruling (AAR) has ruled that GST is not payable on the subsidised deduction made by the applicant from the employees who are availing food in the factory/corporate office.The two-member bench of Amit Kumar Mishra and Milind Kavatkar has observed that the subsidised deduction made by the applicant from the employees who are availing food in the...

Recklessness On The Wheel Will Not Be Tolerated, Expect Most Stringent Legal Response: Kerala High Court Cautions Drivers

The Kerala High Court Friday said that the recklessness on the wheel will not be tolerated and directed the Transport Commissioner to ensure strict enforcement of law on the roads to send a stern message to all the drivers that they will be held accountable for their actions.Justice Devan Ramachandran in a warning to the drivers said:"The unmistakable caution to a driver, that recklessness on...

Allahabad High Court Monthly Digest: September 2022 [Citations 407 - 454]

NOMINAL INDEX Annu Tandon and three others v. State Through Railway Protection Force 2022 LiveLaw (AB) 407 Eklavya Kumar v. State Of U.P. Thru. Addl.Chief Secy./Prin.Secy.P.W.D. And Anr. 2022 LiveLaw (AB) 408 Peeyush Kumar Jain v. Union of India 2022 LiveLaw (AB) 409 Satakshi Mishra v. State Of U.P. Thru. Prin. Secy. Secondary Edu. Dept. Lucknow And 4 Others 2022 LiveLaw...

No Liability On Vivo To Pay Customs Duty On Import Of Microphones Forming Part Of Mobile Phones: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that Vivo is not liable to pay customs duty on the import of microphones as they form a part of cellular mobile phones.The two-member bench of Rachna Gupta (Judicial member) and P. Venkata Subba Rao (Technical Member) has observed that only 10% of customs duty is being imposed upon such goods which...

HTP Kirloskar Power Sprayer Attracts 18% GST: AAR

The Gujarat Authority of Advance Ruling (AAR) has ruled that the 18% GST is payable on HTP Kirloskar Power Sprayer.The two-member bench of Amit Kumar Mishra and Milind Kavatkar has observed that HTP Kirloskar Power Sprayer's merit classification under HSN 8424 89 90 is covered under Entry No. 325 of Schedule-III of Notification No. 1/20l7-Central Tax (Rate), dated 28.6.2017.The applicant is...

TDS Provisions Not Applicable To Commission Paid To Bank: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that TDS provisions are not applicable to commissions paid to banks.The two-member bench of Saktijit Dey (Judicial Member) and Dr B.R.R. Kumar (Accountant Member) has observed that commission paid to partners is not covered under Section 194H of the Income Tax Act as there is no employer and employee or...