News Updates
Vague Pleadings, Can Be "Copied-Pasted" In Almost Every Election Petition: High Court Rejects Challenge To Election of Indore MP Shankar Lalwani
The Madhya Pradesh High Court, Indore Bench recently allowed an application under Order VII Rule 11 CPC, thereby rejecting an election petition for not raising specific allegations or demonstrating a genuine cause of action.Finding the objections raised in the election petition to be generic, Justice Subodh Abhyankar observed-This court is of the considered opinion that the election petition...
Breaking: 'State Gov Transgressed Limit Of Delegation': Calcutta High Court Holds WB Govt's 'Duare Ration Scheme' To Be Illegal
In a significant judgment delivered on Wednesday, a Division Bench of the Calcutta High Court has held that the West Bengal 'Duare Ration Scheme' under which the State government delivers foodgrains through the public distribution system at the doorsteps of beneficiaries is illegal and ultra vires the National Food Security Act, 2013 (NFS Act).The meal scheme was part of Chief Minister...
Madras HC Refuses To Hear Challenge Against Order Granting Permission For RSS March, Tells VCK leader To Approach Supreme Court
The Madras High Court on Wednesday refused to entertain the appeal against a single judge order of granting permission to the Rashtriya Swayamsevak Sangh (RSS) to carry out processions across Tamil Nadu on October 2. Advocate NGR Prasad today made a mentioning before the bench of Acting Chief Justice T Raja and Justice D Krishnakumar for hearing of an appeal preferred by Viduthalai...
Grievance Redressal Committees Of Startups & IT Companies Can't Decide Disputes Qua Termination: Karnataka HC Dismisses Plea Against WIPRO
The Karnataka High Court has made it clear that the Grievance Redressal Committees established by various Startups and IT companies, in compliance with State government's notification issued in 2014, cannot decide disputes relating to termination of employment.A single judge bench of Justice Suraj Govindaraj held that the said notification relates to grievances of an "existing employee" and...
Revenue Can't Characterize Preference Shares As Debt Instrument Ignoring Legal Consequences: ITAT
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has reiterated that premium on redemption of preference shares is exigible to tax under the head 'Income from Capital Gains', liable to tax to the extent actually received on the redemption of shares. The Bench of N.V. Vasudevan (Vice President) and Padmavathy S (Accountant Member) held that the revenue authorities...
Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty
The Rajasthan High Court has dismissed a batch of writ petitions challenging the levy of GST on reverse charge basis on royalty of mining extraction. Noting that the Coordinate Benches of the Rajasthan High Court, in several cases, have dismissed the writ petitions challenging the levy of GST on royalty, the Division Bench of Acting Chief Justice Manindra Mohan Shrivastava and...
Court Cannot Modify Arbitral Award By Awarding Interest Under Section 34 Of A&C Act: Delhi High Court
The Delhi High Court has ruled that though the claimant is entitled to pre-arbitration interest on the amount of counter-guarantee released in its favour, the Court, in view of the limited scope of judicial review under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), cannot award interest to the claimant since it would amount to modification of the...
Sri Lankan Fishermen Apprehended On Suspicion Of Involvement In Drug Cartel Denied Bail By Kerala HC
The Kerala High Court on Tuesday denied bail to six Sri Lankan fishermen who had been apprehended by the Indian Coast Guard officials on suspicion that they are part of international drug cartels and had been involved in transporting the same at the time of apprehension.Justice Viju Abraham observed that there was "considerable force" in Special Public Prosecutor's argument that petitioners...
AO Treated Sundry Creditors As Bogus Based On His personal belief: ITAT Deletes Addition
The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT) has held that AO treated the sundry creditors as bogus at the instance of the report of the inspector for a few sample cases was based on AO's personal belief and not by virtue of any concrete facts and evidence placed on record.The two-member bench of Rajpal Yadav (Vice-President) and Girish Agrawal (Accountant Member) has...
Vizhinjam Protests: Kerala HC Orders State To Comply With Directions For Unhindered Access To Adani's Port Site, Seeks Report
The Kerala High Court on Wednesday reiterated that State must take steps to ensure unhindered access to under-construction Vizhinjam Port site, in compliance with its previous order issued last month.Justice Anu Sivaraman was hearing the contempt petition filed by M/S Adani Vizhinjam Port Pvt Ltd, alleging willful disobedience of Court's order dated September 1, whereby it had granted...
Actor Ajaz Khan Prima Facie Connected To Subsequent Recoveries: Bombay HC Refuses Bail Despite Possession of Small Quantity Contraband
The Bombay High Court recently rejected bail plea of Bollywood actor Ajaz Khan in an alleged financing of illicit drug trade case despite recovery of small quantity of contraband from him, on the ground that his role in the conspiracy was revealed by statements of witnesses and co-accused. Justice Bharti Dangre in the order observed, "It can thus be seen that though there is recovery...
Calcutta High Court Allows Pharma Company To Avail CENVAT Credit On Sales Promotion Services
The Calcutta High Court has allowed the pharma company to avail CENVAT credit on sales promotion services.The division bench of Justice T.S. Sivagnanam and Justice Supratim Bhattacharya has observed that the commission paid by the pharma company to the commission stockist is included in the assessable value of the goods on which excise duty has been paid by the respondent on the...