Article 350 Constitution | Citizens' Grievance Before Jurisdictional Authorities Can't Be Kept Unconsidered Indefinitely. Karnataka High Court

The Karnataka High Court has observed that Article 350 of the Constitution of India mandates that where a citizen raises a grievance before jurisdictional authorities, it cannot be kept unconsidered indefinitely. A single judge bench of Justice Krishna S Dixit made the observation while disposing of a petition filed by S.C. Mahesh and others. The petitioner had approached the court...

Show Cause Notice Containing "NA" In Column Of Date, Time, Venue Of Personal Hearing: Jharkhand High Court Quashes Adjudication Order

The Jharkhand High Court has quashed the adjudication order and held that the notice issued under notice under Section 73 of the CGST Act, in the column of date, time and venue of personal hearing, was indicated by the respondents as "NA", which means not applicable.The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the adjudication order was not...

'Bonafide Requirement' Of Suit Premises Not Statutory Mandate For Eviction U/S 12(2) Of Chhattisgarh Rent Control Act, 2011: High Court

The Chhattisgarh High Court recently observed that 'bonafide requirement' of suit premises is not a statutory stipulation for eviction under Section 12(2) Schedule-2 Clause 11(h) of the Chhattisgarh Rent Control Act, 2011. The provision only requires that 6 months notice to the tenant in writing would be necessary, however on the condition that the accommodation will not be leased out at a...

SCOMET Policy for the export of drones/ UAVs: DGFT Invites Public Comments

The Directorate General of Foreign Trade (DGFT) has invited comments from the public and industry on a proposed amendment in Category 5B of the Special Chemicals, Organisms, Materials, Equipment, and Technologies (SCOMET) list related to the export of drones and unmanned aerial vehicles (UAVs) and General Authorization for Export of Drones (GAED) and UAVs . "With the aim of...

Arbitration Cases Monthly Round Up: August 2022

Supreme Court: Mere Use Of Words "Arbitration" Or "Arbitrator" In A Clause Won't Make It Arbitration Agreement: Supreme Court Case Title: Mahanadi Coalfields Ltd. versus IVRCL AMR Joint Venture Citation: 2022 LiveLaw (SC) 657 The Supreme Court observed that an arbitration agreement should disclose a determination and obligation on behalf of the parties to refer the...

No One Would Level False Rape Allegations In Conservative, Non-Permissive Society Like India: Kerala High Court

While reiterating the settled law on conviction based on sole testimony of prosecutrix in a rape case, the Kerala High Court on Thursday observed,"In the conservative, tradition bound, non-permissive society like that of ours, none would make a false accusation of rape; braving ostracism, loss of face, social stigma and shame."The remarks were made while contrasting the Indian law relating...

Minimum Punishment Prescribed U/S 27(d) Of Drugs & Cosmetics Act Can Be Reduced If Accused Enters Plea Bargain: Karnataka High Court

The Karnataka High Court has upheld a trial court order imposing a sentence less than the minimum punishment prescribed under Section 27(d) of the Drugs and Cosmetics Act, 1940, noting that the accused had entered into a plea bargain under Section 265-B of CrPC and had accepted his guilt.It dismissed an appeal filed by the state government seeking enhancement of the sentence.Section...

Attempt By CIT To Exclude Genuine Disputes Under The VSV Act Is Extremely Hyper-Technical: Delhi High Court

The Delhi High Court has held that the attempt by the CIT to exclude genuine disputants of tax liability from the possibility of settlement under the Direct Tax Vivad Se Vishwas Act (VSV) is extremely hyper-technical.The division bench of Justice Mukta Gupta and Justice Anish Dayal has observed that any proceeding challenging a decision by the department in respect of tax,...

Sum Received By Bank Under Liquidation, Whose Liability Towards DICGCI Not Cleared- Not Taxable Due To Diversion Of Income At Source: ITAT

The Ahmedabad Bench of the ITAT has ruled that the sum received by a bank who is under liquidation, and whose statutory liability to repay the Deposit, Insurance and Credit Guarantee Corporation of India (DICGCI) is not fully satisfied, is not taxable since all the income received by the assessee bank is diverted at source. The Bench of Members T.R. Senthil Kumar (Judicial Member)...

B.Ed. Not "Bachelor Degree" Of Graduation: Gujarat High Court

The Gujarat High Court has held that a B.Ed. Degree, i.e., Bachelor of Education, is not a Bachelor Degree of graduation since the said course, like 3-yrs-LLB course, can be perused only after one has graduated in any of the branches of arts or science.In the same breath, the Court held that persons possessing a B.Ed. degree are over-qualified for positions having minimum...

Defence Counsel Must Remain "Completely Awakened" During Cross-Examination, S.311 CrPC Not Meant To "Cure Defects": Punjab & Haryana HC

The Punjab and Haryana High Court has made it clear that Section 311 CrPC, which makes provision for recall of material witnesses, is not meant to "cure defects" in the defence and thus, the defence counsel must remain "completely awakened" during cross-examination of witnesses.The observation was made while dismissing a petition seeking to recall two prosecution witnesses for...

'Maternity Act' Doesn't Provide For Time Difference Between 1st & 2nd Child For Grant Of Maternity Benefits: Allahabad HC Grants Relief To Woman

The Allahabad High Court has observed that the Maternity Benefits Act, 1961 Act does not contain any such stipulation regarding the time difference between the first and second child for the grant of maternity benefits. AWith this, the Court granted relief to an Inter College lecturer whose application for maternity leave had been rejected by placing reliance on Rule 153(1) of the...