News Updates
Voice Sample Of Accused Can Be Obtained After Filing Of Charge Sheet With Court's Permission: Delhi High Court
The Delhi High Court has observed that framing of charges cannot defeat the right of the prosecution to obtain an expert opinion on voice samples that it had been permitted to take by Court. Justice Asha Menon added that the purpose of taking a voice sample is to investigate a crime, but it would be incorrect to interpret the same as meaning that the voice sample would have to be taken...
Why Advocate Band, Gavel & Justice Emblem Being Used On Folio To Obtain Certified Copy Of Orders?: Allahabad HC Asks UP Bar Council
The Allahabad High Court has issued a notice to the Secretary, Uttar Pradesh Bar Council, Prayagraj to show cause as to how Advocate Band, Gavel, and Emblem of justice are being used by Advocates on the folio (application) to obtain a certified copy of orders.The bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji took exception to this practice while hearing an appeal filed...
Tax Exemptions Given With Benevolent Object, Approach For 'Exempting' & 'Including' Subject Matters Under Tax Purview Can't Be Same: Orissa HC
The Orissa High Court has held that the approach which is employed to exempt a commodity from the purview of taxation is not the same which is used to bring a good under the umbrella of taxation. While applying this principle, a Division Bench of Chief Justice Dr. S. Muralidhar and Dr. Justice Sanjeeb Kumar Panigrahi held that 'Chuni' is different from 'Cattle feed' under entry 66 of...
CESTAT Allows CENVAT Credit On Service Tax Paid On Input Services Received By The SEZ Unit
The Allahabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the CENVAT credit on service tax paid on input services received by the SEZ unit. The two-member bench headed by Justice Dilip Gupta (President) and Raju (Technical Member) has observed that the assessee could forego exemption and claim the benefit of the CENVAT credit on the...
Industrial Tribunal's Order Can't Be Challenged On Disputed Questions Of Facts Under Article 226: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court recently observed that an order passed by Industrial Disputes Tribunal/ Labour Court on disputed questions of fact cannot be challenged by way of a petition under Article 226 of the Constitution. A bench comprising Justice Wasim Sadiq Nargal was hearing a plea filed by a firm under Article 226 of the Constitution of India challenging an...
Proliferation Of Impostor Domain Names: Delhi High Court Seeks Recommendations From Cyber Cell, MeitY For Identification
The Delhi High Court has expressed concern over the lack of effective mechanism for identifying parties who fraudulently use websites and domain names consisting of well known brands and trademarks, thereby obtaining money illegally. Justice Pratibha M Singh was dealing with a bunch of pleas filed by trademark and brand owners, seeking reliefs against misuse of their marks and names...
Recovery Of Demand Against Issues Decided In Favour Of Assessee Is Unwarranted: Delhi High Court
The Delhi High Court has held that the recovery of demand against issues decided in favour of the assessee is unwarranted.The division bench of Justice Manmohan and Justice Manmeet Singh Arora has found that the Central Board of Direct Taxes (CBDT) has itself issued an Instruction dated February 2, 1993, giving guidelines for Stay of Demand. One of the guidelines for the grant of...
Charges For Transportation Of Goods From Factory To Buyer's Premises, can't be Assessed: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has quashed the service tax demand and penalty and held that the freight charges incurred for transportation of goods from the place of removal to the buyer's premises cannot be included in the assessable value.The two-member bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical...
"Threat To Independence Of Judiciary Is A Myth": Karnataka HC Judge Justice P Krishna Bhat In His Farewell Speech
Justice P Krishna Bhat of the Karnataka High Court on Thursday said that threat to 'Independence of Judiciary' is a myth. The Independence of the Judiciary is realized by an individual Judge remaining independent, he said. Speaking at the farewell function organised by the High Court he said, "Discussions about 'Independence of judiciary' and threat to the same abounds the air now. To...
Dowry Death | Presumption U/S 113B Evidence Act Mandatory: Kerala High Court Reopens Case After It Was Closed As Suicide
The Kerala High Court on Friday directed a dowry death case to be reopened after the Sub Inspector (SI) of Police in charge of the investigation closed it as a case of suicide. Justice Kauser Edappagath observed that as per Section 113 B of the Indian Evidence Act (presumption as to dowry death) if it is seen that a woman was subjected to cruelty or harassment for dowry by the accused soon...
"What's The Point In Passing Orders? There Has To Be A Minister To Implement": Bombay HC Judge On Lack Of Cabinet In Maharashtra
Bombay High Court judge Justice Revati Mohite Dere on Friday made a comment on the delay in appointment of Ministers in Maharashtra's cabinet on Friday.It's been over a month since rebel Shiv Sena leader Eknath Shinde was sworn in as the Chief Minister of Maharashtra with BJP leader Devendra Fadnavis as deputy CM, but the cabinet expansion is yet to be announced. On Friday, the bench...
Kerala High Court Grants 10 More Days For NEET-UG Aspirants To Opt For NRI Quota
The Kerala High Court on Thursday directed the competent authority to keep the online portal for MBBS Admission for the academic year 2022-23 open for a period of 10 more days for those candidates who intend to opt for the NRI quota.Justice Devan Ramachandran observed that since the results of the NEET examinations have not yet been published and candidates were still allowed to opt for other...