Chh HC | S. 320 CrPC is no bar to the exercise of power of quashing of FIR in matrimonial matters; Petition allowed
Chhattisgarh High Court: Sanjay K Agrawal J., allowed the petition based on the settled principle of law. The present writ petition has
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Actor Johnny Depp’s libel action against The Sun newspapers dismissed | Detailed Report
London High Court of Justice (Queen’s Bench): The instant high profile case of libel brought in by well known American actor Johnny
Continue readingJ&K HC | Gravity of offence committed or Societal Impacts of the same cannot be the sole ground for rejecting a bail application; Petition allowed
Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present petition, reiterated the scope and power of the High Court
Continue reading[MV Act] Kar HC | Will the insurance company be liable for compensation if the vehicle was insured as ‘private vehicle’ but plyed on ‘hire’ at the time of accident? HC decides
Karnataka High Court: Hemant Chandangoudar J., dismissed the appeal and upheld the impugned award and judgment regarding compensation. The facts of the
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Know Thy Judge| Justice Dr. DY Chandrachud
by Sucheta Sarkar*
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CESTAT | Goods under SFIS Scheme dutiable and not exempted goods, provisions of R. 6 (3) of CCR, 2004 not applicable; Tribunal allows appeal removing demand of interest and penalty
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ashok Jindal (Judicial Member), allowed an appeal which was filed to decide over the
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CCJ | Whether an application seeking to challenge the maintainability of ‘substantive appeal’ is itself maintainable or not? Court determines
Caribbean Court of Justice (CCJ): A Full Bench of J Wit, M. Rajnauth-Lee and P. Jamadar JJ. dismissed the application for special
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SL SC | Police officers expected by virtue of colour of their uniform to be more accountable in their duty than an ordinary citizen of country; Fundamental Right under Art. 11 found to be violated while in custody
Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of B.P. Aluwihare, Murdu N.B. Fernando, and S.
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CESTAT | No service tax can be levied in absence of either consideration or a service; Tribunal allows appeal
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Dilip Gupta, J. (President) and C.L. Mahar (Technical Member) allowed an
Continue readingOri HC | No other authority can sit as an Appellate Authority over the selection made by the selection committee by following due procedure; Petition allowed
Orissa High Court: A Division Bench of Mohammed Rafiq CJ and B. R. Sarangi J., allowed the petition quashing the impugned termination
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HP HC | Whether an employee who retired on 31st of a month is entitled to increment which would have fallen due on 1st of the next month; HC elucidates
Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., dismissing the present claim against the
Continue reading[Doctrine of Legitimate Expectation] Chh HC | Guest teachers have a legitimate expectation from the ‘State’ to be permitted to continue services until regular appointments are made
Chhattisgarh High Court: Goutam Bhaduri J., allowed the petition by stating that replacing present guest teachers with a new set of appointments
Continue readingUtt HC | Court rejects Plea of bias against the Enquiry officer; Dismisses petition in the matter of departmental proceedings
Uttaranchal High Court: The Division Bench of Sudhanshu Dhulia and Alok Kumar Verma, JJ., dismissed a writ petition which was filed in
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Hemant K Batra’s new book ‘Mediation: Legitimacy & Practice’ is out! Get your copy now
Mediation: Legitimacy & Practice by Hemant K. Batra is part of EBC’s Law For The Layman series. In this book, the author
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CESTAT | 100% Export Oriented Unit entitled to refund claim for the Cenvat credit under R. 5 of CCR, 2004; Tribunal allows appeal
Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P.V. Subba Rao (Technical Member) and P. Dinesha (Judicial Member) allowed
Continue readingKer HC | Interstate delivery of exempted goods under the GST Act must bear an e-way bill as well as a delivery challan; Detention of consignment held valid
Kerala High Court: A.K. Jayasankaran Nambiar, J., while holding the detention of goods valid as per Section 129(1)(b) read with Section 129(3)
Continue readingHP HC | [Service Law] State cannot make arbitrary orders of transfer under the garb of public interest; Petition allowed
Himachal Pradesh High Court: Chander Bhusan Barowalia, J., while allowing the present petition, held the impugned transfer order to be arbitrary and
Continue reading[Organ Transplant] Ori HC | Certification limiting organ donation from ‘near relative only’ is contrary to law; Authorization Committee has discretion to decide regarding an unrelated donor
Orissa High Court: P. Patnaik J., allowed the petition directing that any certification that limits donation of organ from near relatives only
Continue readingJhar HC | Procedural Haste cannot be contended as a ground for challenge when enquiry report discloses Provisionary compliance; Court refrains from acting against well-reasoned order of Disciplinary Authority
Jharkhand High Court: Deepak Roshan, J., while dismissing the present batch of petitions, found no infirmities in the enquiry conducted by the
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