News Updates
Doctrine Of Laches | In Welfare State, Govt As A Litigant Is Subject To Same Norms As A Commoner: Karnataka High Court
The Karnataka High Court has observed that in a Welfare State, the Government as a litigant is ordinarily governed by the same norms that govern the commoners. A division bench of Justice Krishna S Dixit and Justice P Krishna Bhat made the observation while rejecting a petition filed by the State through its Social Welfares Department, assailing the order of State...
Fraudulent Appointment In Panchayat Office: Madras High Court Directs Jurisdictional Police To Register Case & Conduct Investigation
In a matter pertaining to fraudulent appointment to the post of Operator of the Over Head Water Tank of Muthur Town Panchayat, the Madras High Court on Tuesday directed the jurisdictional police to register a criminal case and proceed in accordance with law. Justice SM Subramaniam was dealing with a plea wherein the petitioner P Kuppusamy claimed that he was denied appointment due to...
No Service Tax On Reimbursement Of Expenses From Customers On Account Of Water, Electricity And Diesel Expenses Incurred: CESTAT
The Hyderabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the service tax is not applicable on reimbursement of expenses from its customers on account of water, electricity, and diesel expenses incurred for the provision of services.The two-member bench of P.K. Chaudhary (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that...
2018 Tweet Case: High Court Seeks Delhi Police's Response On Mohammed Zubair's Plea For Return Of Devices Allegedly Seized Beyond Scope Of FIR
The Delhi High Court on Wednesday sought the response of city police in a plea moved by Alt News Co Founder Mohammed Zubair, in connection with 2018 tweet case, seeking that any device or document seized by the Delhi Police, being beyond the allegation in FIR, be forthwith restored to him. Justice Purushaindra Kumar Kaurav granted four weeks time to the Delhi Police to respond to the plea...
Loan Given To Shareholder For Consideration Beneficial To The Company Is Not A Deemed Dividend: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that if a loan or advance is given to a shareholder as a consequence of any consideration which is beneficial to the company, in such a case, the advance or loan cannot be said to be a deemed dividend.The two-member bench of Astha Chandra (Judicial Member) and Anil Chaturvedi (Accountant Member) has observed that...
Prohibition Under Arbitration Clause To Refer A Dispute Equivalent To Non-Existence Of Arbitration Agreement: Andhra Pradesh High Court
The Andhra Pradesh High Court dismissed an application seeking appointment of Arbitrator as the Arbitration Agreement had a clear prohibition that the no disputes shall be referred to arbitration if the insurance company rejected the claim of liability. In the present case, the insurance company had rejected the entire claim. The Arbitration Clause set out in the Insurance Policy was...
Seafarer's Recruitment Service Provider Is Not An intermediary: CESTAT Allows CENVAT Credit Refund
The Mumbai bench of the Customs, Excise and Appellate Tribunal (CESTAT) consisting of Dr. Suvendu Kumar Pati (Judicial Member) has held that a seafarer's recruitment service provider, who processes the entire selection, medical test, insurance, transportation, training, etc. to the overseas client and receives convertible foreign exchange, is not an intermediary. The appellant/assessee...
Plea In Kerala High Court Seeks To Disqualify Saji Cherian From MLA Post Over His Remarks On The Constitution
A petition has been moved in the Kerala High Court seeking a direction to declare that CPI(M) legislator and former minister Saji Cherian is not entitled to hold the office of MLA after his remarks allegedly insulting the Constitution sparked a controversy across the State.When the matter was taken up on Tuesday, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly took...
ACB Blissfully Ignored 'ABC' Of Procedure: Karnataka High Court Quashes Corruption FIR
The Karnataka High Court has held that in a case where a public servant is charged with offences punishable under Section 13 of the Prevention of Corruption Act on allegation of amassing wealth disproportionate to the known sources of income, every ingredient that is required to be assessed in the source report must be present. In the instant case, Justice M Nagaprasanna noted that...
ITAT Holds Revisionary Order Passed Without Mentioning DIN As Invalid
The Kolkata Bench of the ITAT has quashed the revisionary order passed by the Income Tax Authority without quoting the Document Identification No. (DIN) in the said order, as required by the CBDT Circular No.19/2019, dated 14.08.2019. The Bench, consisting of Mr. Sanjay Garg (Judicial Member) and Mr. Girish Agrawal (Accountant Member), held that since the order passed by the...
Bombay High Court Issues Notice On PIL Challenging Definition Of FSI In Development Control & Promotion Regulation
The Bombay High Court has issued notice to Maharashtra's Urban Development Department in a PIL seeking a change in the definition of Floor Space Index (FSI) in the Development Control and Promotion Regulation (DCPR) 2034. "There has been unabated and reckless construction leading to a complete collapse of town planning Regulations due to the conflict of definitions of FSI in...
Medical Evidence Has Evidentiary Value In Murder Cases, Can't Be Used To Fix Guilt In Case Of Suicide: Tripura High Court
The Tripura High Court has observed that medical evidence has its evidentiary value in the case of murder. It thus set aside the conviction of a husband under Section 306 IPC, among other charges, following death of his wife due to burn injuries. It observed that the case relates to "suicide" and hence medical evidence cannot fix the guilt. The observation was given by a division bench...