News Updates
Delhi High Court Slams Municipal Corporation Over Outstanding Teachers' Salaries
The Delhi High Court today expressed displeasure with the East Delhi Municipal Corporation (now Municipal Corporation of Delhi) over the issue of non payment of salaries to its teachers.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a plea moved by five primary teachers claiming that the EDMC had failed to pay them five months...
Bombay High Court Weekly Roundup: June 27 - July 3, 2022
Nominal Index [Citations: 2022 LiveLaw (Bom) 233 to 2022 LiveLaw (Bom) 240] Ocean Sparkle Limited. V Oil and Natural Gas Corporation Ltd. And anr; 2022 LiveLaw (Bom) 233 Ajay Vaishampayan v. Union of India; 2022 LiveLaw (Bom) 234 Adani Ports and Special Economic Zone Limited Versus The Board of Trustees of Jawaharlal Nehru Port Authority and Ors.; 2022 LiveLaw (Bom)...
S.156(3) CrPC | Magistrate Not A Post Office To Forward All Complaints Without Application Of Mind: Kerala High Court
The Kerala High Court recently ruled that a Magistrate Court is bound to apply its mind while exercising the powers conferred to it under Section 156(3) of the Code of Criminal Procedure (CrPC).Justice Kauser Edappagath stated that while taking cognizance of offences or ordering an investigation into any cognizable case, courts should not merely forward all complaints they receive like a...
CBIC Exempts Registered Person From Filing Annual Return Whose Aggregate Turnover In FY 2021-22 Is Upto Rs. 2 Crores
The Central Board of Indirect Taxes and Customs (CBIC), on the recommendation of the GST Council, has exempted the registered person from filing an annual return whose aggregate turnover in the financial year 2021-22 is up to Rs. 2 crores for the financial year 2021-22. The CBIC has amended notification No. 21/2019-Central Tax, dated April 23, 2019, which notified the procedure...
Limitation Period Is Not Applicable On Refund Of Service Tax Wrongly Paid: Karnataka High Court
The Karnataka High Court bench of Justice P.S. Dinesh Kumar and Justice Anant Ramanath Hedge has held that the limitation period is not applicable to a refund of service tax wrongly paid. The appellant/assessee had entered into an agreement with Professional Lien Search LLC, a company based in the USA and providing support services to real estate property buyers in the USA. The...
Madras High Court Dismisses Plea Alleging Harassment By GST Department
The Madras High Court has dismissed the petition alleging harassment by the GST department. The single bench of Justice N. Sathish Kumar has observed that the term "harassment" is so subjective that it cannot be encapsulated in an objective criterion. The petitioner, having given a complaint, is bound to cooperate with the police for an inquiry. The petitioner/assessee has sought...
ITAT Directs AO To Allow Depreciation On Molasses Tanks By Making The Correct Computation Of New Assets
The Kolkata Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Aby T Varkey (Judicial Member) and Girish Agarwal (Accountant Member), has directed the assessing officer to allow the depreciation on molasses tanks by making the correct computation of new assets. The appellant/assessee is a limited company and is in the business of manufacturing sugar. It has its...
NCLAT Upholds Eligibility Of NTPC As A Resolution Applicant For Jhabua Power Ltd. : NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT") Principal Bench comprising of Justice Ashok Bhushan (Chairperson), Ms. Shreesha Merla (Technical Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Avantha Holdings Limited v Mr. Abhilash Lal, has upheld the eligibility of NTPC Ltd. under Section 29A of the IBC to submit Resolution Plan for...
Petition Under Section 11 Of The A&C Act Would Be Non-Maintainable After Filing Of An Application Under Section 13 Of The Act: Himachal Pradesh High Court
The Himachal Pradesh High Court has held that a party cannot file a petition under Section 11 of the A&C Act after it has already submitted to the jurisdiction of the arbitrator by way of filing a petition under Section 11 of the A&C Act. The Single Bench of Justice Sandeep Sharma held once the petitioner has failed to respond/object to the arbitration notice wherein the name...
AFI Agrees To Include High Jumper Tejaswin Shankar In CWG Contingent, Delhi HC To Consider Selection Process To Prevent 'National Embarrassment'
The Athletics Federation of India (AFI) on Wednesday told the Delhi High Court that it will include high jumper Tejaswin Shankar in the Indian contingent of players for the upcoming 2022 Birmingham Commonwealth Games.AFI's counsel Hrishikesh Baruah informed the court that one of the athletes was disqualified from the relay event and therefore, Shankar's name will be forwarded in his place in...
"Non-Rupture Of Minor's Hymen Wouldn't Rule Out Case Of Rape": Calcutta HC Upholds Conviction In 5 Yr Old Girl's Rape Case
The Calcutta High Court recently upheld the conviction of a man for raping a 5-year-old girl by observing that the non-rupture of the hymen of a minor child would not wholly rule out a case of rape. Taking into account the facts, circumstances of the case, and the evidence adduced, the Bench of Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay observed thus:"A combined reading...