News Updates
'Sexual Acts Committed With Minor After Marriage': Karnataka High Court Grants Bail To POCSO Accused
The Karnataka High Court has granted bail to an accused arrested under the Protection of Children from Sexual Offences Act and Child Marriage Act while noting that the accused had subjected the minor girl to sexual act "after" they had got married, following elopement. A single judge bench of Justice H P Sandesh allowing the bail petition filed by Syed Shabaj said,"No doubt, the...
Services Provided With Respect To A Government Sports Stadium, Not A Commercial Service; Would Not Attract Service Tax: CESTAT Delhi
The CESTAT Delhi has ruled that an activity undertaken in a stadium, which belongs to the Government and which is used for non-commercial activities, would not be covered under the definition of 'Commercial or Industrial Construction' services, as defined in Section 65 (25b) of the Finance Act, 1994, and hence, it would not attract service tax. The Bench, consisting of Justice Dilip...
Cancellation Of GST Registration Affects Right To Livelihood, Writ Petition Is Maintainable: Uttarakhand High Court
The Uttarakhand High Court has held that the cancellation of GST registration affects the right to livelihood and the writ petition is maintainable. The division bench headed by the Acting Chief Justice Sanjaya Kumar Mishra and Justice Ramesh Chandra Khulbe has observed that the appellant is denied his right to livelihood because of the cancellation of his GST Registration number. He...
Erroneous Recording of Place Of Supply As The Location Of Unregistered Recipient: Telangana High Court Remands The Matter
The Telangana High Court ruled that, while the department referred to Section12(9) of the IGST Act, the department erroneously recorded that, in the instance of an unregistered receiver, the place of supply should be the recipient's location. It prima facie appears to be in contravention of Section 12(9) of the IGST Act. The division bench of Justice Ujjal Bhuyan and...
Summary of Show Cause Notice In Form DRC-01 Is Not A Substitute Of Section 74(1) Show Cause Notice: Jharkhand High Court
The Jharkhand High Court held that the summary of show cause notice in Form DRC-01 is not a substitute for show cause notice under Section 74(1) of the CGST Act. The division bench of Justice Aparesh Kumar Singh and Justice Deepak Roshan has observed that though the petitioner submitted their concise reply, the respondent cannot take benefit of the action as a summary of show...
Terms Of Agreement Are Wholly One-Sided And Unfair To Flat Purchaser; Builder Cannot Seek To Bind Flat Purchaser With Such Terms; NCDRC
The bench of National Commission comprising Justice R.K. Agrawal, President and Binoy Kumar, Member has observed that, the terms of the Apartment Buyer's Agreement were wholly one-sided and unfair to the Flat Purchaser. The Builder cannot seek to bind the Respondent with such one-sided contractual terms. In this case, the Complainants jointly booked an Apartment in the Group...
Chinese Visa Scam: Delhi High Court Issues Notice On CBI's Plea Challenging Bail Of Karti Chidambaram's CA
The Delhi High Court on Tuesday issued notice on the plea filed by Central Bureau of Investigation (CBI) challenging the bail granted to Karti Chidambaram's Chartered Accountant S Bhaskararaman in connection with alleged Chinese visa scam case. Justice Poonam A Bamba sought the response of Bhaskararaman while posting the matter for further hearing on September 27. Bhaskararaman was granted...
Advocates' Welfare Fund Scam: Kerala High Court Denies Pre-Arrest Bail To 7 Accused
The Kerala High Court on Tuesday denied anticipatory bail to seven accused in the scam involving misappropriation of over ₹7.5 crores from the Kerala Advocates Welfare Fund.Justice K. Babu refused pre-arrest bail to the accused pointing out that this could tamper with the ongoing investigation in the matter. This comes after ASGI S Manu appeared on behalf of CBI and submitted that the scam...
Bar Against 'Inter-District Transfer' Not Applicable To Govt Teachers With Disabilities: Orissa High Court
In an important decision, which can be tagged as a remarkable quantum leap in the field of disability jurisprudence, the Orissa High Court has held that bar against 'inter-district transfer' cannot be made applicable to teachers who are recognised as persons with disabilities. A Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi observed, "The Supreme Court as well as High...
SC/ST Act Not Attracted When Offence Not Done With Intention That Victim Belongs To A Particular Caste: Andhra Pradesh High Court
A single judge bench of Justice Subba Reddy Satti of the Andhra Pradesh High Court granted bail to a person accused of offences punishable under Sections 420, 376 of the Indian Penal Code (IPC) and Sections 3(2)(v), 3(1)(w), 3(1)(r)(s), 3(2)(v), 3(2) (va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The bench held that when the offence alleged is...
The Arbitration Clause Contained In A Manual Issued By The Government As A Generic Guideline Is Not Binding: Andhra Pradesh High Court
The Andhra Pradesh High Court Bench of Chief Justice Prashant Kumar Mishra has held that arbitration clause contained in a government manual as generic guidelines cannot be invoked by the parties. The Court also observed that there cannot be an arbitration clause in a sub-contract or in a separate document when there is no binding agreement between the parties in the first...
Subrogation Deed Does Not Terminate The Right Of The Assured To Initiate Arbitration Against The Wrongdoer: Delhi High Court
The Delhi High Court has held that arbitration can be invoked by the insured even after entering into a subrogation-cum-assignment agreement with an insurance company. The Single Bench of Justice Sanjeev Sachdeva held that subrogation does not put an end to the right of the assured to initiate legal proceedings against the wrongdoer, it merely allows the insurer to step into the shoes...