News Updates
"Relaxations For One Candidate Violates Article 14" : Kerala High Court Cancels Appointment Of Assistant Professor At Mahatma Gandhi University
The Kerala High Court, on Thursday, while setting aside the impugned judgment of the Single Judge Bench, cancelled the selection of an Assistant Professor at M G University. A Division Bench consisting of Justice P. B. Suresh Kumar and Justice C. S. Sudha, while setting aside the impugned decision of the Single Judge, quashed the selection of the second respondent and directed the University...
Making Available Parking Space For Building Visitors Valid Reason For Tenant's Eviction U/S 11(3) Kerala Buildings Act, 1965: High Court
The Kerala High Court recently, while disposing of a Rent Control Revision Petition, held that making available parking space for building visitors is a valid reason for tenant's eviction under Section 11(3) Kerala Buildings Act, 1965.Division Bench consisting of Justice Anil K. Narendran and Justice P. G. Ajithkumar, relying heavily on the High Court's decision in similar matters, clarified...
"UTP's Right To Life Doesn't Diminish Even A Wee Bit When In Jail": Manipur HC Suspends Sentence Of POCSO Accused On Medical Grounds
"...under-trial prisoner's right to life does not diminish even a wee bit when in jail as an accused/convict for an offence and such person's health concerns have to be taken care by the State and if not done so, by the judiciary," the Manipur High Court recently observed as it released a POCSO Accused on bail on medical grounds.The bench of Justice M. V. Muralidaran further emphasized that...
Assessee To Furnish Necessary Documentary Evidence In Absence Of TDS Certificate To Claim TDS Credit: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT)has held that the assessee has to furnish necessary documentary evidence in the absence of a TDS certificate to claim TDS credit.The two-member bench of Rahul Choudhary (Judicial Member) and Om Prakash Kant (Accountant Member) has restored the issue of granting credit for tax deducted at source to the file of the Assessing...
Assessee Entitled To Refund Of Unutilized CENVAT Credit On Account Of Export Of Legal Services: Delhi High Court
The Delhi High Court has held that the assessee is entitled to a refund of unutilized CENVAT credit under the CENVAT Credit Rules, 2004 on account of the export of legal services under rule 5 of the CENVAT Credit Rules, 2004. The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju observed that, as per Rule 5, as long as the service provider provides an output...
Officer Is Duty Bound To Consider Explanation Offered For Expiry Of The E-Way Bill: Kerala High Court
The Kerala High Court has held that the officer is duty bound to consider the explanation offered by the petitioner for the expiry of the e-way bill.The single bench of Justice Gopinath P has observed that the officer rejected the explanation offered by the petitioner by stating that no evidence of repair being carried out has been produced. The officer imposed a penalty/tax on the...
Issuance Of Notice And Initiation Of Reassessment Proceeding Beyond 6 Years: Calcutta High Court Stays Proceedings
The Calcutta High Court has held that the issuance of notice and initiation of reassessment proceedings were beyond 6 years. Prima facie, it is barred by limitation both under the old Act as well as under the newly amended provision relating to Section 147 of the Income Tax Act, 1961.The single bench of Justice Md. Nizamuddin has observed that the petitioner has been able to make out a...
Yardstick For Determining Infringement Of Trade Dress Is Overall Impression Of Design, Subtle Dissimilarities Irrelevant: Delhi High Court
The Delhi High Court has held that that yardstick for determining infringement of a registered design is 'visual effect' and 'ocular impression' of the product as a whole. The test is not to look out for subtle dissimilarities, but rather, to see if there is substantial and overall similarity in the two designs. "Impugned design need not be an exact replica to constitute...
Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner was that while acting on behalf of...
NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court
Punjab and Haryana High Court while dealing with a case registered under Section 18 of NDPS Act, held that the crime motorcycle impounded or seized should be released on superdari to the petitioner.The bench comprising Justice Sureshwar Thakur further added that in order to avoid the motorcycle from deteriorating in the police compound its release on superdari to the petitioner, is...
"It Is A Paradox That Closure Of Temple Actually Leads To Peace": Madras HC Expresses Anguish Over 'Ego Clashes' Between Worshippers
While directing the Assistant Commissioner of Hindu Religious and Charitable Endowment to appoint a fit person to look into the affairs of the Sri Madurai Veeran, Karupparayan and Kannimar temple at Erode, the Madras High Court expressed concern on how temples were now becoming a cause for disturbance of law and order due to "ego clashes" between worshippers. A temple is a place...