News Updates
Industrial Dispute Act| Person Working in the Capacity of 'Consultant' Cannot Be Deemed 'Workman': Guj HC Quashes Reinstatement Order
The Gujarat High Court has struck down the order of the Labour Court which had held that the Respondent-workman was entitled to reinstatement along with 20% backwages in the Petitioner-institute. The High Court, after perusing, Form No. 16A which pertains to Tax Deducted at Source, concluded that the Respondent was being paid consultant fees and not a salary. The same had been ignored by...
Delhi High Court Weekly Round Up: August 1 To August 7, 2022
NOMINAL INDEXCitations 2022 LiveLaw (Del) 728 TO 2022 LiveLaw (Del) 764NAMANPREET S DHILLON v. STATE 2022 LiveLaw (Del) 728HIMANSHU GOEL v. THE STATE (GOVT. OF NCT OF DELHI) AND ANR. 2022 LiveLaw (Del) 729NATIONAL SMALL INDUSTRIES CORPORATION LTD. v. NATIONAL COMMISSION FOR SCHEDULED CASTES & ORS. 2022 LiveLaw (Del) 730SOUMITRA KUMAR NAHAR v. PARUL NAHAR 2022 LiveLaw (Del) 731ANIL SAMANIYA...
Gujarat High Court Directs CBIC To Refund IGST On Ocean Freight
The Gujarat High Court has directed the Central Board of Indirect Taxes and Customs (CBIC) to refund the Integrated Goods and Service Tax (IGST) on ocean freight within six weeks along with the statutory rate of interest.The division bench of Justice N.V. Anjaria and Justice Bhargav D. Karia has relied on the decision of the Supreme Court in the case of Mohit Minerals Pvt. Ltd. vs. Union...
Madras High Court Orders Arrests Of Fake Advocate; Directs Publication Of His Photo In Newspapers To Find Out Clients Cheated By Him
The Madras High Court recently ordered enquiry against a fake advocate. The bench of Justice S Vaidyanathan and Justice AD Jagdish Chandra ordered the Commissioner of Police, Chennai City to conduct depute an officer who shall register a case in accordance with the law, arrest the fake advocate, and conduct a thorough investigation. We hereby direct the Commissioner of Police, Chennai City...
Arbitration Cases Weekly Round-Up: July 31 To August 6 , 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 disputes...
Tax Cases Weekly Round-Up: 31 July To 6 August, 2022
Supreme Court Advise States To Implement Digital DIN System : Supreme Court To Centre & GST Council Pradeep Goyal vs Union of India Citation: 2022 LiveLaw (SC) 654 The Supreme Court has directed the GST Council to issue advisory / instructions / recommendations to the respective States regarding implementation of the system of electronic (digital) generation of a...
Evidence Of The Victim Can Be Taken To Prove Her Age In Absence Of Necessary Documents: Madras High Court
The Madras High Court recently modified a judgment of conviction under the Protection of Children from Sexual Offences (POCSO) Act to one under the IPC after observing that the prosecution had failed to establish the age of the victim at the time of the offence. Justice Bharatha Chakravarthy was dealing with an appeal challenging the judgment passed by the Sessions Judge, Mahila...
Government Order Cannot Have Retrospective Operation Particularly When It's Not A Legislation: Kerala High Court
The Kerala High Court on Tuesday held that the retrospective operation of a Government Order cannot be permitted particularly when it is merely an executive order, and not a legislation. Justice Devan Ramachandran observed that the petitioner joined the University unaware of any conditions as put forth by the subsequent Government order; therefore, the retrospective operation of the order...
Judge Uttam Anand Murder Case: Special CBI Court In Jharkhand Sentences Both Accused To Life Imprisonment
A special Central Bureau of Investigation (CBI) court in Jharkhand today sentenced both the convicts to life imprisonment in Judge Uttam Anand Murder Case. The Court had, last week, found both the accused - Rahul Kumar Verma and Lakhan Kumar Verma - guilty under sections 302, 201, and 34 IPC.It may be noted that on July 28, 2022 ASJ Uttam Anand, who was posted as Additional District and...
Weapon's Recovery From Hiding Place Which Is In Exclusive Knowledge Of Accused Makes Such Recovery Absolutely Reliable: Allahabad HC
The Allahabad High Court has observed that if the place of hiding the weapon is exclusively within the knowledge of the accused and that place cannot be or is not in the knowledge of any other person and the weapon is recovered from the same place, such type of recovery is absolutely reliable.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi observed this while upholding...
Writ Petition Against Private University Not Maintainable, Remedy For Alleged Arbitrary Termination Lies Under Civil Law: Gujarat High Court
The Gujarat High Court has declined to intervene in a writ petition seeking reinstatement with full backwages and benefits filed by an Assistant Professor against the Sabarmati University, a private university. Justice Bhargav Karia clarified that the dispute regarding termination was 'in the realm of a private contract' and therefore, held: "…if at all there is an alleged...
No Vicarious Liability Under Criminal Law Unless Strictly Mandated By Statute: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Friday ruled that in criminal law, there is no concept of criminal vicarious liability and it is only if there is a statute which makes a person vicariously liable for the acts of another person that such a person can be prosecuted for a criminal offence. The bench comprising Justice Sanjay Dhar was adjudicating two pleas...