News Updates
CBIC Authorises Principal Director General/ Director General Of DGARM For Withholding Of IGST Refund For Verification Purposes
The Central Board of Indirect Taxes and Customs (CBIC) has authorised the Principal Director General/Director General of the Directorate General of Analytics and Risk Management (DGARM) to withhold the refund of integrated tax paid on goods or services exported out of India. "In exercise of powers conferred by clause (c) of sub-rule (4) of rule 96 of the Central Goods and Services...
Incriminating Article's Recovery From Open Place/Visible To Others Vitiates Evidence U/S 27 Of Evidence Act: Chhattisgarh High Court
The Chhattisgarh High Court has observed that when recovery of any incriminating article is made from a place that is open or visible to others, it would vitiate the evidence under Section 27 of the Evidence Act.It may be noted that the conditions necessary for the applicability of Section 27 of the Evidence Act [How much of information received from accused may be proved] are:...
Arbitration Cases Weekly Round-Up: 17 July To 23 July, 2022
Supreme Court: There Cannot Be Two Arbitration Proceedings With Respect To Same Contract/ Transaction: Supreme Court Case Title: M/S Tantia Constructions Limited v. Union Of India Citation: 2022 LiveLaw (SC) 624 Observing that it is of the "firm opinion that there cannot be two arbitration proceedings with respect to the same contract/transaction", the Supreme Court...
Kerala High Court Allows Bride To Appear Through Online Mode For The Solemnization Of The Marriage
The Kerala High Court recently in a Writ Petition allowed one of the parties to appear through online mode for the solemnization of their marriage before the Marriage Officer. Justice V.G. Arun allowed the second petitioner, who is a Canadian citizen with an Overseas Citizen of India Card to appear before the Marriage office in online mode for the solemnization of their marriage, however, this...
Tax Cases Weekly Round-Up: 17 July To 23 July, 2022
Delhi High Court Inapplicability Of MOOWR Scheme On Solar Power Generating Units: Delhi High Court Says No Coercive Action Case Title: ACME Heergarh Powertech Private Limited vs. Central Board of Indirect Taxes and Customs and Anr. The Delhi High Court bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju issued notice and restrained the customs officer from taking...
Karnataka High Court Weekly Round-Up: July 18 To July 24, 2022
Nominal Index: AMBADI MADHAV v. THE KARNATAKA INFORMATION COMMISSION. 2022 LiveLaw (Kar) 266 Parveez Pasha v. The State by Tilak Park Police Tumkur. 2022 LiveLaw (Kar) 267 J SRINIVAS & Others v. STATE OF KARNATAKA & Others. 2022 LiveLaw (Kar) 268 Jeetendar Singh v. State of Karnataka. 2022 LiveLaw (Kar) 269 Y Harish and Anr. versus Y Satish and Ors. 2022...
PIL Against Permissibility Of Marriage Of Girls Below 18 Yrs Of Age Under Muslim Law: Uttarakhand HC Issues Notice
The Uttarakhand High Court recently sought the reply of the state government as well as of the Centre on a Public Interest Litigation (PIL) plea questioning the permissible age of marriage under Muslim Law.The PIL plea further seeks a direction to the Union of India to take immediate measures for effective implementation of "The Prohibition of Child Marriage (Amendment) Bill, 2021"It may be...
Unbelievable That Father Would Encourage 2 Sons To Commit Rape On Married Woman: Allahabad HC Stays 'Gang-Rape Trial'
The Allahabad High Court (Lucknow bench) on Thursday stayed a criminal trial against two real brothers who have been accused of gang-raping a 27-year-old woman. The Court has also stayed the trial against the father (of the accused) who has been accused of encouraging his two sons to rape the woman.The bench of Justice Dinesh Kumar Singh observed that it is unbelievable that a father...
Spa Owners Approach Bombay High Court Alleging "Moral Policing" & Arbitrary Raids
An association of spa owners has approached the Bombay High Court against "arbitrary raids and harassment" by police and extortion by other 'activists' in the name of moral policing. The petition filed by the Wellness Welfare Association under Article 226 of the Constitution of India has sought guidelines to enfetter the raiding powers of the police after constitution of a...
Madras High Court Orders CBI Probe Against Retired IPS Officer For Allegedly Colluding With Idol Smugglers
The Madras High Court on Friday directed Central Bureau of Investigation to probe into the allegations levelled against retired IPS Officer AG Ponn Manickavel for his alleged collusion with idol smugglers. The orders were issued by Justice G Jayachandran in a plea moved by a former Deputy Superintendent of Police Kader Batcha. Batcha contended that he was falsely implicated by Manickavel in...
Article 19(1)(e) Not Available To Foreigners: Gujarat High Court Refuses To Interfere With Order For Deportation Of Pakistani National
The Gujarat High Court has recently dismissed the writ petition of a Pakistani citizen challenging the decision of the Superintendent of Police which directed him to leave India within 24 hours of receipt of the notice. Justice AS Supehia also reiterated: "In the present case, indubitably, the petitioner is a Pakistan citizen and as per the law enunciated by the Apex Court, he...
Article 227 Confers Supervisory Jurisdiction, High Court Cannot Consider Such Submissions That Were Not Raised Before Court Below: Delhi HC
The Delhi High Court has reiterated that Article 227 of the Indian Constitution does not confer appellate jurisdiction on the High Court. An implicit corollary is that the manner of exercise of its jurisdiction by the court or forum below cannot be gauged on the basis of submissions which were never advanced before it.A single judge bench of Justice Hari Shankar observed that the power...