Registration Of Premises Not A Necessary Prerequisite For Claiming A Refund Under Cenvat Credit Rules, 2004: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the registration of premises is a necessary prerequisite for claiming a refund under Rule 5 of the Cenvat Credit Rules, 2004.The bench of Rachna Gupta (Judicial Member) has observed that service providers are entitled to a refund under rule 5 of the Cenvat Credit Rules, 2004 when the output service...

Two Women Kept In Illegal Detention For 128 Days, Madras High Court Awards Rs 5L Compensation

The Madras High Court recently directed the State to pay Rs five lakh compensation each to two women who were unauthorisedly kept in preventive detention for more than four months. "The sequence of events in the case on hand reveals beyond any doubt that it is a classic case of bureaucratic lethargy and slumber, which has played a lot in depriving the personal liberty of a citizen...

Tax Cases Weekly Round-Up: 18 September To 24 September, 2022

Delhi High Court Reassessment Notices Issued Between 1st April 2021 To 30th June,2021 Not Time Barred: Delhi High Court Case Title: Touchstone Holdings Private Limited Versus Income Tax Officer Citation: 2022 LiveLaw (Del) 890 The Delhi High Court has held that the reassessment notices issued between 1st April 2021 and 30th June 2021, will be deemed to have been issued...

Arbitration Cases Weekly Round-Up: 18 September To 24 September, 2022

Bombay High Court: Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court Case Title: M/s. TCI Infrastructure Limited & Anr. versus M/s. Kirby Building Systems (Uttaranchal) Private Limited & Anr. The Bombay High Court has ruled that in an agreement executed by both...

Rupa Publication Withdraws 'The Mussoorie Murders' After Savoy Hotel Moves Delhi High Court

Rupa Publications has withdrawn its yet-to-be-released book 'The Mussoorie Murders' after ITC Group's famous and historic hotel 'The Savoy' approached Delhi High Court with a suit seeking permanent and mandatory injunction against it.The hotel had also got an FIR registered against the publisher alleging that the book contained defamatory content against it. The book makes mention of...

Inform How Losses Caused To KSRTC On Hartal Will Be Recovered From PFI : Kerala High Court Directs Govt

The Kerala High Court, on Friday, observed that Popular Front India and its officer bearers who called for a flash hartal in the state following the arrest of its leaders by the NIA, should be held responsible for the losses suffered by the KSRTC during the protest. Justice Devan Ramachandran has directed the State Government to inform how it proposes to recover from the Popular Front of...

Ensure No Damage Is Caused To Laxmi Narayan Temple Complex, Stop Dumping Debris Near It: Uttarakhand High Court to Authorities

The Uttarakhand High Court recently directed the authorities to forthwith stop the dumping of construction debris and demolition waste near an ancient Lakshmi-Narayan temple in Chamoli district."Prima facie, it appears that the dumping of the muck could not only impact the temple complex but also have a bearing on the ecology of the surrounding area," said the division bench of Chief...

Leave Deductions Tend To Fluctuate, Can't Be Considered In Computing Maintenance U/S 125 CrPC: Rajasthan HC

The Rajasthan High Court has observed that deductions from husband's monthly income due to certain leaves availed by him cannot become a part of the baseline in computing maintenance under Section 125 CrPC, as in all likelihood, the same will fluctuate over time.Considering the same, the court rejected the husband's claim that his total monthly income in his income-tax documents was...

"Can't Permit Such Illegal Activities": In Midnight Hearing PH High Court Orders Removal Of Blockade By BKU On National Highway

In a midnight hearing convened yesterday, the Punjab and Haryana High Court ordered the Haryana Government to remove the blockade by farmers led by Bhartiya Kisan Union on the National Highway at Shahbad in Kurukshetra. The Court categorically remarked that such illegal activities can't be permittedThe bench of Justice Augustine George Masih and Justice Alok Jain also stressed that the...

Orissa High Court Monthly Digest: August 2022 [Citations 117-129]

Nominal Index:Babita Satpathy @ Mishra v. Sitanshu Kumar Dash & Ors., 2022 LiveLaw (Ori) 117 Dr. Satya Narayan Bhujabala & Anr. v. Veer Surendra Sai Institute of Medical Science and Research, Burla and Ors., 2022 LiveLaw (Ori) 118 State of Odisha represented by Commissioner of Sales Tax, Cuttack v. M/s. Geetashree Industries & Ors., 2022 LiveLaw (Ori) 119 Abhisek...

Public Entry To Private Temple On Festivals Does Not Convert It Into Public Temple: Delhi High Court

The Delhi High Court has observed that occasional entry of public to a private temple on some festivals does not convert it into a public temple so as to empower a worshipper to maintain a suit with respect to the title rights of the temple. Justice C Hari Shankar added that the issue as to whether a temple is a private temple or a temple open to public can only be decided in a trial.The...

Kerala HC Appoints Former Judge R. Bhaskaran As Observer For 'Melsanthies' Selection In Sabarimala & Malikappuram Temples

The Kerala High Court on Thursday appointed former Judge, Justice R. Bhaskaran, as an 'Observer' to oversee the proceedings for selection of 'Melsanthies' in Sabarimala Sree Dharma Sastha Temple and Malikappuram Temple, for the year 2022-23 (1198 ME).A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar made the direction after perusing the Sabarimala...