News Updates
Offences Alleged Against A Person Must Fall Within Realm Of Disturbing "Public Order" To Warrant Preventive Detention: J&K&L High Court Reiterates
The Jammu and Kashmir and Ladakh High Court on Wednesday reiterated that a detention order passed by a competent authority under Sec 8(1) of J&K Public Safety Act on the ground of disturbance of law & order situation is not sustainable in law as the said provision clearly prescribes "prejudicial to Public order" as a ground to issue detention orders. The bench comprising...
C&F Agent Service Is Admissible Input Service Under Cenvat Credit Rules: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) has held that the C & F Agent Service is an admissible input service in the terms of Rule 2(l) of the Cenvat Credit Rules, 2004. The appellant submitted that in respect of C & F Agent service, the service is provided up to the place of removal. As...
Extradition Act | Magistrate Holding Enquiry Need Not Be The One Within Whose Jurisdiction The Fugitive Was Apprehended: Madras High Court
The Madras High Court recently reiterated that the Central Government has the liberty under the Extradition Act to choose any Magistrate to deal with the fugitive criminals. Such Magistrate need not be the one within whose jurisdiction the fugitive was apprehended. Justice R Vijayakumar relied on the decision of the Apex Court in Rosiline George Vs. Union of India and others where the court...
Empty Packaging Material Of Cenvatable Input Is Not Liable For Payment Of Excise Duty Or Cenvat Credit: CESTAT
The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Ramesh Nair (Judicial Member) has held that empty packaging material of cenvatable input is not liable for payment either as excise duty or as cenvat credit under Rule 6(3) of the Cenvat Credit Rules, 2004. The appellant/assessee submitted that the adjudicating authority and...
IBC Cases Weekly Round-Up: 4 July To 10 July,2022
NCLAT Resolution Professional Is Only Authorized To Operate Accounts Of Corporate Debtor : NCLAT Chennai Case Title: Beauty Etiole Pvt. Ltd. v C. Sanjeevi & Ors. Case No.: Company Appeal (AT) (CH) (Ins.) No. 316/2021 The National Company Law Appellate Tribunal, Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Mr. Kanthi Narahari (Technical Member),...
Bombay High Court Monthly Digest: June 2022 [Citations 199 - 239]
NOMINAL INDEX Pravin Sahebrao Bhogawade v The State of Maharashtra 2022 LiveLaw (Bom) 199 Nauman Suleman Khan v State of Maharashtra & anr 2022 LiveLaw (Bom) 200 Dr. Lekha Rajesh Visaria v The State of Maharashtra and Ors. 2022 LiveLaw (Bom) 201 D.K. Infrastructure Pvt. Ltd versus Kishore Agarwal and Anr. 2022 LiveLaw (Bom) 202 Becharabhai B. Chauhan v Mumbai...
'Only God Can Save These Types Of Lawyers': Kerala High Court After Advocate Argues Against Interest Of His Client
The Kerala High Court on Monday observed that lawyers are duty-bound to act in the interest of their clients and that they should refrain from arguing against such interests. Justice P.V. Kunhikrishnan observed so in a decision that ruled that a licence under the Kerala Places of Public Resort Act, 1963 is necessary to run a gymnasium in the State as long as the Act remains in force."The duty...
Human Rights Commission Can Only 'Recommend' Compensation U/S 18 Of Protection Of Human Rights Act: Orissa High Court
The Orissa High Court has held that Section 18 of the Protection of Human Rights Act, 1993 empowers Human Rights Commission only to 'recommend' and not to direct compensation. Notably, the Section provides for steps to be taken by the Commission "during and after inquiry". A Single Bench of Justice Arindam Sinha observed, "Section 18 provides for steps during and after inquiry....
Licence Under Places Of Public Resort Act Is Compulsory To Run A Gym: Kerala High Court
The Kerala High Court on Monday ruled that a licence under the Kerala Places of Public Resort Act, 1963 is necessary for starting and functioning a gymnasium in the State as long as the Act remains in force.Justice P.V. Kunhikrishnan thereby directed the State to instruct all Municipalities, Corporations and Panchayats to send notices to the gyms in the State functioning without a license...
Gujarat High Court Weekly Round Up: July 4 To July 10, 2022
NOMINAL INDEX Rafik Adam Sumra V/S State Of Gujarat 2022 LiveLaw (Guj) 255 Gujarat State Financial Corporation Ltd V/S India Sme Assets Reconstruction Company Limited & 8 Other(S) 2022 LiveLaw (Guj) 256 Jayesh Nebhabhai Kambariya V/S State Of Gujarat 2022 LiveLaw (Guj) 257 Sanjay Kanakmal Agarwal V/S The State Of Gujarat 2022 LiveLaw (Guj) 258 Nasik Merchants'...
[Order 47 Rule 1 CPC] Review Lies Against Error Apparent On Record, Can't Be Disguised As Appeal For Re-Hearing: Punjab & Haryana High Court
The Punjab and Haryana High Court, while dealing with a review application in terms of Order 47 Rule 1 read with Section 114 CPC, held that question of relinquishment of share in the property by any of the parties cannot be commented upon in review petition. The bench comprising Justice Fateh Deep Singh further added that points of self-contradictions and self-defeating stands...
Allahabad High Court Weekly Round Up: July 4 To July 10, 2022
NOMINAL INDEX Atul Kumar Singh Alias Atul Rai S/O Shri Bharat Singh v. State Of U.P. Thru. Prin. Secy. Home 2022 LiveLaw (AB) 309 Parvez Ahmad And 3 Others v. State of U.P. and Another 2022 LiveLaw (AB) 310 Amita Garg And 6 Others v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 311 Srawan Kumar Maurya v. State Of U.P. 2022 LiveLaw (AB) 312 Reena Srivastava Vs. State Of...