Bench Not Superior To Bar: J&K&L High Court Expunges Magistrate's Remarks Against Advocates

The Jammu and Kashmir and Ladakh High Court recently observed that the advocates are the officers of the Court and deserve the same respect and dignity as is being given to the Judicial Officers and Presiding Officers of the Courts.Justice Sanjay Dhar observed:"Bench and Bar are two wheels of the chariot of justice. Both are equal and no one is superior to the other. The members of...

Delhi High Court Modifies POCSO Conviction To Less Grave Offence, Orders Release As Convict's Imprisonment Exceeds Maximum Punishment

The Delhi High Court has held that a man accused of sexually abusing a minor cannot be punished under Section 6 of the POCSO Act for the offence of 'aggravated penetrative sexual assault' when the alleged act falls short of 'penetration'.The bench of Justice Jasmeet Singh held that without penetration, such act is only an attempt to rape or aggravated sexual assault as per Section 9(m) of...

"Assam Govt Has Made All Endeavours To Implement Provisions Of RERA 2016": Gauhati High Court Closes PIL Plea

The Gauhati High Court has closed the Public Interest Litigation (PIL) plea raising the issue that Assam Real Estate Regulatory Authority (Assam RERA) is not functioning in accordance with law. The bench of Chief Justice Rashmin Manharbhai Chhaya and Justice Soumitra Saikia closed the PIL plea as it noted that the Assam State Government has made all endeavors to implement the provisions of...

Cooks Recruited Under Karnataka Govt's 'Mid-Day Meal Scheme' Don't Fall Within Purview Of Minimum Wages Act: High Court

The Karnataka High Court has said that head cooks and cooks employed on contract basis under the 'Bisi Oota Mid-day Meal scheme', being run by the state government do not qualify for wages under the Minimum Wages Act, 1948. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty made the observation while disposing of a petition filed by a social...

Madras High Court Reserves Order On Plea Challenging Capping Of Fees For 50% Seats In Private Medical Colleges

The Madras High Court on Wednesday reserved order on a plea filed by a group of private medical colleges challenging the fee fixation by the National Medical Council (NMC) with respect to 50% of their seats.The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala enquired how the Council could charge more fees from 50% students and less from the other 50%. It also asked how...

Goods Or Conveyance Can't be Detained Without Service of detention Order: Jharkhand High Court

The Jharkhand High Court has held that no goods or conveyance shall be detained or seized without serving an order of detention or seizure on the person transporting the goods. The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that the adjudication order and the appellate order both suffered from procedural infirmities and lacked...

Non- Deliberate Delay In Late Filing SFT Return : ITAT Quashes Penalty

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has quashed the penalty on the grounds that the delay in the late filing of the Statement of Financial Transaction (SFT) return was not deliberate.The two-member bench of Yogesh Kumar (Judicial Member) and Shamim Yahya (Accountant Member) observed that an order imposing a penalty for failure to carry out a statutory obligation is...

Non-Existence Of Parties Who Gave Loan To Assessee Is Indication Of Its Prima Facie Bogus Nature: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the non-existence of the parties who have given loans to the assessee is a clear indication of their nature being prima facie bogus.The two-member bench of Yogesh Kumar US (Judicial Member) and Shamim Yahya (Accountant Member) has observed that in the entire proceeding, there is no discussion about the...

Imported Milk, Pork, And Fish Products To Accompany Health Certificate: CBIC

The Central Board of Indirect Taxes and Customs (CBIC)has issued instructions requiring the import of food consignments to be accompanied by a Health Certificate.The Food Safety and Standards Authority of India (FSSAI) has issued the instruction. FSSAI stated that with effect from November 01, 2022, imported food consignments of food categories as specified in FSS (Food...

University, Educational Institution, Hospital, Medical Institution To Keep And Maintain Books Of Account: CBDT

The Central Board of Direct Taxes (CBDT) has mandated that universities, educational institutions, hospitals, and medical institutions that enjoy tax exemption must keep and maintain books of account and other documents for a period of 10 years from the end of the relevant assessment year.The CBDT has notified the Income-tax (24th Amendment) Rules, 2022 with a view to tightening the...

12% Sales Tax Applicable On Robinson Barley And Purity Barley: Orissa High Court

The Orissa High Court has held that a 12% sales tax is applicable on Robinson Barley and Purity Barley.The division bench of Chief Justice S. Muralidhar and Justice R.K. Pattanaik has observed that if a customer went to a shop and asked for barley, such a customer would not be supplied with Robinson Barley or Purity Barley. Conversely, if the customer was to ask for Robinson Barley...

CIC Directs CPIO To Provide Generic Details Of Gross Income Of The Husband For Claiming Fair Amount Of Maintenance

The Central Information Commission (CIC) has directed the Centre Public Information Officers (CPIO) to provide the "generic details of the net taxable income/gross income" of the husband to the wife free of cost within 15 days. The Information Commissioner, Saroj Punhani, has observed that the details or copies of income tax returns and other personal information of third parties need...