Description Of New Aluminium Section As Aluminium Scrap, Rajasthan High Court Upholds Detention Order

The Rajasthan High Court has held that, by no stretch of imagination, can brand new aluminium sections be placed on equivalence with aluminium scrap. The goods were fraudulently described as aluminium scrap.The division bench of Justice Sandeep Mehta and Justice Kuldeep Mathur has observed that the department was justified in detaining the petitioner's vehicle and the goods after...

Claims Arising Out Of Grant Of Licence/Permission For Use Of Intellectual Property Rights Is An Operational Debt: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Somesh Choudhary v Knight Riders Sports Private Limited & Ors., has held that claims arising out of grant of an exclusive right and license to use intellectual property...

Cenvat Credit Of Service Tax Can Be Availed On Debit Notes: CESTAT

The Kolkata Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has observed that the Cenvat credit of Service Tax can be availed on debit notes under the scheme of the Cenvat Credit Rules, 2004.The bench of P.K. Chaudhary (Judicial Member) has observed that an invoice issued by a provider of input service is a valid document for availment of Cenvat credit. The...

Once Dissolution Application Is Filed After Liquidation, Adjudicating Authority Has No Discretion :NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Rakesh Kumar (Judicial Member) and Dr. Ashok Kumar Mishra (Technical Member), while adjudicating an appeal filed in Sudhir Kumar Goel & Ors. v M/s Shashi Oils and Fats Pvt. Ltd. & Ors, has held that once the liquidation process is complete and an application is filed by the liquidator...

Mere Erroneous Application Of Law; Award Need Not Be Set Aside: Bombay High Court

The Bombay High Court has reiterated that when the court is convinced that the Arbitrator has erred only on specific issues and that the arbitral award is otherwise sustainable, the court is not mandatorily required to set aside the entire award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice Manish Pitale ruled that though...

"Anti-Women, Causes Trauma To Victim Again": Kerala Govt Moves High Court Against "Sexually Provocative Dress" Remark In Bail Order

The Kerala Government has moved the Kerala High Court challenging the anticipatory bail granted to the author and social activist Civic Chandran in a sexual harassment case. The Kozhikode Sessions Court's order passed on August 12 had created a massive social outrage as it had observations to the effect that sexual harassment complaint will not stand if the woman was wearing a...

DGFT Amends Minimum Time Period For NFMIMS Registration

The Director General of Foreign Trade (DGFT)has amended the minimum registration time period of the Non-ferrous Metal Import Monitoring System (NFMIMS) under the Foreign Trade Policy 2015-2020 (FTP). As per the existing policy conditions, the NFMIMS shall require importers to submit advance information on an online system for the import of items and obtain an automatic registration...

GST Not Payable on Services Provided To Horticulture Dept. for Cleaning Transportation of Garbage: AAR

The Karnataka Authority of Advance Ruling (AAR) has held that the GST is not payable on services provided to the horticulture department for cleaning and sweeping of lawns, garden path areas, segregation and transportation of garbage. The two-member bench of M.P. Ravi Prasad and T. Kiran Reddy has observed that GST is not payable on the services proposed to be provided to...

Transportation Of Cow Skin Leather Doesn't Amount To Contravention Of 'UP Cow Slaughter Act': Allahabad High Court

The Allahabad High Court has observed that the transport of cow skin leather does not amount to any contravention of provisions of the U.P. Prevention of Cow Slaughter Act, 1955, and therefore, the Magistrate has power under sections 451 or 457 Cr.P.C. to release a vehicle by which allegedly skin leather of cow or its progeny was transported.With this, the bench of Justice Mohd. Aslam set...

Kerala High Court Grants Anticipatory Bail To BJP General Secretary Of Lakshadweep Accused Of Holding National Flag With 'Saffron Down'

The Kerala High Court on Friday granted anticipatory bail to the BJP State General Secretary of Lakshadweep accused of insulting the national flag by holding it with 'saffron down'.Mohammed Kasim HK has been booked under Section 2 of the Prevention of Insults to National Honours Act, 1971. Justice Viju Abraham granted pre-arrest bail on noting that custodial interrogation of the petitioner...

Supreme Court Issues Notice On Interim Bail Plea By Chief MD Of Future Maker Life Care In Ponzi Scheme

The Supreme Court, on Monday, issued notice in a plea filed by Radhey Shyam, Chief Managing Director of Future Maker Life Care Pvt. Ltd. seeking interim bail to attend his parents' last rites, rituals and ceremonies. The writ petition was filed under Article 32 of the Constitution of India, 1950, seeking grant of interim bail for a period of three weeks on account of...

Royal Stag v. Royal Champ: Delhi HC Decrees Alcohol Brand Seagram's Trademark Infringement Suit, Awards ₹20 Lakhs Damages

Ruling in favour of Seagram's alcohol brand, the Delhi High Court has awarded Rs. 20 lakhs damages and cost in its favour in a suit alleging trademark infringement in respect of Royal Stag whiskey by a company manufacturing Royal Champ whiskey.Justice Navin Chawla permanently restrained Gwalior Distilleries Private Limited, engaged in sale of Royal Champ whiskey observing that the impugned...