Case Briefs Archives

CESTAT | Is sales commission an admissible input service; is it eligible for cenvat credit? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Ramesh Nair (Judicial Member) allowed an appeal which was filed against the order of

Case Briefs High Courts

[Child Marriage] P&H HC | Where minor wife fails to obtain decree of nullity before attaining age of majority, the marriage becomes a valid one; HC interprets

Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that in case of child marriage,

Case Briefs Supreme Court

Mutation entry doesn’t confer any right, title or interest in favour of person and the objective is only for fiscal purpose: Supreme Court

Supreme Court of India: Observing the well-settled position of law that, Mutation Entry does not confer any right, title or interest in

Case Briefs High Courts

Ker HC | Can the fact that minor rape victim attained majority and married the rapist lead to quashment of criminal proceedings? HC answers

Kerala High Court: Shircy V., J., held that argument that now the victim of rape had attained majority and was living happily

Case Briefs Tribunals/Commissions/Regulatory Bodies

Spain | AEPD fines Vodafone €56,000 for failure to verify customer identity

On September 14, 2021, the Spanish Data Protection Authority (‘AEPD’) fined Vodafone Spain, SAU €56,000 for processing the personal data of the

Advance Rulings Case Briefs

If Composition Dealer purchases Scrap/Used Vehicles from Centre, State, UT or Local authority, will dealer be liable to pay GST on RCM basis? Guj AAR explains

Gujarat Authority for Advance Ruling, GST: Addressing the matter with regard to purchase of scrap/used vehicles by composition dealer from unregistered dealer,

Case Briefs High Courts

Bom HC | POSH Judgments and Order to be delivered only in Chambers or in-camera, media disclosure forbidden: G.S. Patel, J. issues detailed guidelines

Bombay High Court: While addressing an issue revolving around the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act,

Case Briefs High Courts

MP HC | Parliament is empowered to frame law as regards conduct of elections but conducting elections is the sole responsibility of the Election Commission; Court dismisses PIL

Madhya Pradesh High Court: The Division Bench of Mohammad Rafiq, CJ. and Vijay Kumar Shukla, J., dismissed a PIL which was filed

Case Briefs Supreme Court

Bail| Man with serious allegations against him cannot claim parity with a woman jailed with an infant: Supreme Court

Supreme Court: In a case where a man was allegedly murdered by his wife and colleague, the bench of Dr. DY Chandrachud*

Advance Rulings Case Briefs

Guj AAR | Whether various kinds of ‘parathas’ supplied would attract 5% GST in line with ‘khakhra’, plain chapati or ‘roti’? Explained

Gujarat Authority for Advance Ruling, (GST): Emphasizing that ‘Paratha’ is not ready-to-cook products, the Bench of Sanjay Saxena and Arun Richard (Members)

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Stock brokers restricted from accepting new clients for making third party transfers-Usual practice for Fraudulent Trade Practices

Securities and Exchange Board of India- Ananta Barua, Whole Time Member, while agreeing with the Enquiry Report, restrained SIC Stocks and Services

Case Briefs Supreme Court

Compromise cannot be taken to be a solitary basis for reduction of sentence: Supreme Court

In a case where a compromise was reached between parties, 28 years after an incident left the victim crippled for life, the Court said that such a brutality cannot be ignored which is not against the individual but the crime is against the society which has to be dealt with sternly.

Case Briefs High Courts

Raj HC | Constitutional Morality to override societal morality; Directs live in partners where the lady is married to another man to make representation before the Station House Officer and necessary orders may be passed

Rajasthan High Court: Pushpendra Singh Bhati J. disposed of the instant petition with a direction to the petitioners to appear before the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | On not finding flaws in the NCLT order, abstains from interfering- Petitioner not being authorised under S.7 IBC, lacks locus standi

National Company Law Appellate Tribunal (NCLAT)- The Coram of Justice Jarat Kumar Jain (Judicial Member), Ashok Kumar Mishra (Technical Member), and Alok

Case Briefs Supreme Court

“Strict rules of evidence are not applicable to a Departmental Enquiry”; Supreme Court permits to exhibit case diary as a document in a departmental proceeding

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai, JJ., held that strict Rules Of Evidence do not apply

Case Briefs High Courts

ICADR Rules regarding procedure come into play only after arbitration commences before appropriate jurisdiction of law: Del HC summarises law on seat, venue of arbitration

Delhi High Court: While observing that the role of ICADR Rules shall come into play with regard to the procedure to be

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Principle of unjust enrichment wrongly invoked by the Commissioner in case of provisional assessment; Court allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal which was filed against the order of

Case Briefs High Courts

[Fake Lawyer] Ker HC | “If leniency is taken, just considering the fact that she is a young lady, it will be a shame for the whole judicial system”; HC dismisses bail application of infamous fake lawyer

Kerala High Court: Shircy V., J., dismissed the bail application of one Sessy Xavier, the infamous fake lawyer. The Bench stated, “The

Case Briefs Supreme Court

No more Tareekh pe Tareekh! Repeated adjournments break the back of the litigants; kill justice: Supreme Court

“Any effort which weakens the system and shake the faith of the common man in the justice dispensation has to be discouraged.”