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CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs High Courts

Ker HC | There is no requirement that the proceeding in relation to which the offence has been committed shall be pending at the time of filing an application under S. 340 (1) of the Code; Petition allowed

Kerala High Court: R.Narayana Pisharadi J., while allowing the present petition clarified, “Though Section 340 of the Code is a generic section

Case Briefs High Courts

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Telangana High Court: P. Naveen Rao J., while dismissing the present petition, reiterated that the scope of interference under Article 226 is

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Photographs are secondary pieces of evidence and can vary with the angle of photography; Tribunal explains while allowing appeal in regard to BIS certification

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Suvendu Kumar Pati (Judicial Member) allowed an appeal which was filed against the confirmation

Case Briefs High Courts

Sikk HC | [O.VI R.17 CPC] Amendment can be allowed provided it does not prejudice the rights of the respondents to take up the grounds on waiver and acquiescence at the time of final hearing; HC reiterates

Sikkim High Court: Meenakshi Madan Rai, J., while allowing the application made for the amendment of pleadings, held “The proposed amendment, in

Case Briefs High Courts

P&H HC | Whatsapp messages do not have any evidentiary value in the absence of certificate under S. 65B of Evidence Act; HC states

Punjab and Haryana High Court: In an interesting case regarding regular bail, Jaishree Thakur, J., held that WhatsApp messages do not have

Case Briefs High Courts

Ker HC | [Audi Alteram Partem] Court sets aside impugned order directing Drug Disposal Committee to consider the representation made by petitioner and pass fresh orders in accordance with law

Kerala High Court: B. Sudheendra Kumar J., allowing the present petition, held, “power conferred on the Drug Disposal Committee is not an

Case Briefs High Courts

[MV Act]Kar HC| When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied

Karnataka High Court: Ashok S. Kinagi J. allowed the appeal and applied the pay and recover principle fastening the liability on the

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Denial of credit barred by limitation; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the impugned order

Case Briefs High Courts

HP HC | Court in exercise of its writ jurisdiction can interfere in the matters relating to election only if it subserves the progress of election and facilitates the completion thereof; petition dismissed

Himachal Pradesh High Court: Tarlok Singh Chauhan, J., while dismissing the present petition on lack of merits, said, “… election process has

Case Briefs High Courts

MP HC | “State has shown, by its non-compliance to the orders passed by this Court that it is an institution that prefers to have powers without responsibility”; HC holds State responsible for it being flooded with petitions

Madhya Pradesh High Court: Atul Sreedharan, J., addressed the instant contempt petition. The Court while expressing concern over State inaction, stated, “The

Case Briefs High Courts

Tri HC | Default on the part of a Government department cannot be a reason to prevent an entity from seeking its entitlement; Petition allowed

Tripura High Court: A Division Bench of Akil Kureshi, CJ and S.G. Chattopadhyay J., while allowing the present petition, held, “One department

Case Briefs High Courts

Chh HC | The word “sufficient cause” under S. 5 of Limitation Act should adopt a liberal and justice-oriented construction to advance justice

Chhattisgarh High Court: Sanjay K Agrawal J., allowed the appeal and condoned the delay while setting aside the impugned order. The facts

Case Briefs Supreme Court

“In lieu of the 29 tender trees to be cut, we have planted 300 trees of different species”; SC allows IIMC, JNU to remove 29 small trees to construct new buildings for academic block

Supreme Court: The 3-Judge Bench of SA Bobde, CJ and AS Bopanna and V. Ramasubramanian, JJ allowed the instant application seeking permission

Case Briefs High Courts

Pat HC | Usage of whitener in OMR sheet led to annulment of result by Controller of Examination: HC answer’s in affirmative

Patna High Court: The question before Prabhat Kumar Singh J., for contemplation, was “Whether the candidate has violated the instructions in the

Case Briefs High Courts

Utt HC | Cash can be deposited in lieu of surety bond as per S. 445 of CrPC for attainment of bail: Order of rejection duly quashed

Uttaranchal High Court: “Whether cash can be deposited in lieu of surety bond for bail” was the issue decided by Alok Kumar

Case Briefs Supreme Court

“Already dismissed from service on being convicted”; Supreme Court reduced quantum of sentence of 70 years old appellant, convicted under Prevention of Corruption Act

Supreme Court: In a case relating to Prevention of Corruption Act, the 3-judge bench of Ashok Bhushan, R. Subhash Reddy and M.R.

Case Briefs Supreme Court

“Unless there are any specific reasons for not opening, all Anganwadi Centres beyond the containment zones should be made functional by all the States/Union Territories at an early date”; SC directs

“Children are the future of our country and if there is some stinginess in providing them with adequate nutrition, the country as a whole is deprived in future of taking the benefit of their potential.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Demand of service tax for an extended period of limitation along with interest dropped; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member) allowed an appeal which was filed against the rejection of

Case Briefs Supreme Court

“Open surface water resources including rivers are lifeline of human civilization”; SC directs Central Pollution Control Board to submit a priority-wise list of Municipalities, along the river Yamuna which have been found to be most polluted

Supreme Court: In a case regarding increased ammonia levels in river Yamuna due to discharge of pollutants, the 3-judge bench of SA

SCC Blog

CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

Ker HC | There is no requirement that the proceeding in relation to which the offence has been committed shall be pending at the time of filing an application under S. 340 (1) of the Code; Petition allowed

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

CESTAT | Photographs are secondary pieces of evidence and can vary with the angle of photography; Tribunal explains while allowing appeal in regard to BIS certification

Sikk HC | [O.VI R.17 CPC] Amendment can be allowed provided it does not prejudice the rights of the respondents to take up the grounds on waiver and acquiescence at the time of final hearing; HC reiterates

P&H HC | Whatsapp messages do not have any evidentiary value in the absence of certificate under S. 65B of Evidence Act; HC states

Ker HC | [Audi Alteram Partem] Court sets aside impugned order directing Drug Disposal Committee to consider the representation made by petitioner and pass fresh orders in accordance with law

[MV Act]Kar HC| When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied

CESTAT | Denial of credit barred by limitation; Tribunal allows appeal

HP HC | Court in exercise of its writ jurisdiction can interfere in the matters relating to election only if it subserves the progress of election and facilitates the completion thereof; petition dismissed

MP HC | “State has shown, by its non-compliance to the orders passed by this Court that it is an institution that prefers to have powers without responsibility”; HC holds State responsible for it being flooded with petitions

Tri HC | Default on the part of a Government department cannot be a reason to prevent an entity from seeking its entitlement; Petition allowed

Chh HC | The word “sufficient cause” under S. 5 of Limitation Act should adopt a liberal and justice-oriented construction to advance justice

“In lieu of the 29 tender trees to be cut, we have planted 300 trees of different species”; SC allows IIMC, JNU to remove 29 small trees to construct new buildings for academic block

Pat HC | Usage of whitener in OMR sheet led to annulment of result by Controller of Examination: HC answer’s in affirmative

Utt HC | Cash can be deposited in lieu of surety bond as per S. 445 of CrPC for attainment of bail: Order of rejection duly quashed

“Already dismissed from service on being convicted”; Supreme Court reduced quantum of sentence of 70 years old appellant, convicted under Prevention of Corruption Act

“Unless there are any specific reasons for not opening, all Anganwadi Centres beyond the containment zones should be made functional by all the States/Union Territories at an early date”; SC directs

CESTAT | Demand of service tax for an extended period of limitation along with interest dropped; Tribunal allows appeal

“Open surface water resources including rivers are lifeline of human civilization”; SC directs Central Pollution Control Board to submit a priority-wise list of Municipalities, along the river Yamuna which have been found to be most polluted

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