Desktop Alert

CONSTITUTION - Supreme Court Grants Four Weeks Time to Centre for Reply in Citizenship Amendment Act Hearing
Wed, 22 Jan 2020 16:00:11 IST

Supreme Court has granted four weeks to the Central Government to respond to 140 Writ Petitions filed for challenging the constitutional validity of the Citizenship Amendment Act, 2019. (Podcast Available https://goo.gl/jRzvHc)

BANKING - Delhi HC Orders Time Limit for Disposal of Application Moved by Bank to Sell Vehicle in Recovery Suit
Wed, 22 Jan 2020 15:59:51 IST

Delhi High Court has held that the Applications filed for seeking permission to sell a vehicle seized by the bank in cases of default cannot be kept pending for long and should be disposed of within 60 days. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR: No ITC Available for Supply of Goods and Services for Civil Work and External Development Work
Wed, 22 Jan 2020 15:59:35 IST

Authority for Advance Ruling (AAR), Rajasthan has held that Input Tax Credit (ITC) is not available for supply of goods and services which are used for carrying out civil work and external development work. (Podcast Available https://goo.gl/jRzvHc)

CUSTOMS - CBIC Sets Deadline for Deactivation of Facility of Beneficiary Uploading Documents Through e-SANCHIT
Wed, 22 Jan 2020 15:59:19 IST

Central Board of Indirect Taxes and Customs (CBIC) has said that the facility of beneficiary uploading the documents through e-SANCHIT will be deactivated from 31st January, 2020. (Podcast Available https://goo.gl/jRzvHc)

CONSTITUTION - CAA Petitions: SC Refuses to Grant Stay on Citizenship Amendment Act
Wed, 22 Jan 2020 11:52:33 IST

Supreme Court has refused to grant any stay on the Citizenship Amendment Act (CAA) without hearing the Centre and said it may refer pleas challenging the validity of the Act to a larger Constitution Bench. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Sets Time Limit for Speakers to Conclude Disqualification Proceedings
Wed, 22 Jan 2020 11:23:06 IST

Supreme Court has set the outer limit as three months for concluding disqualification proceedings against defectors in anti-defection cases. The Court has recommended that the Parliament should amend the Constitution of India, 1949 to set up a permanent Tribunal to decide cases under the Tenth Schedule, given the partisan conduct of the Speakers. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Tells Parliament to Rethink Powers of Speaker to Disqualify
Wed, 22 Jan 2020 11:22:51 IST

Supreme Court has said to the Parliament to rethink whether the Speaker of a House should continue to have powers to disqualify, observing that he also belongs to a political party. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court Seeks the Status of Mercy Plea of Rajiv Gandhi Assassination Case Convict
Wed, 22 Jan 2020 11:22:32 IST

Supreme Court has sought to know from Tamil Nadu Government about the status of the mercy Plea filed by Rajiv Gandhi assassination case convict, A G Perarivalan, before the governor seeking suspension of his life sentence since he has already spent more than 28 years in prison. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - SC: Appeal Against Composite Sentence of Imprisonment and Fine Does Not Abate on Death of Accused
Wed, 22 Jan 2020 11:22:12 IST

Supreme Court has observed that, if the Accused-Appellant dies during the pendency of a criminal appeal against a composite sentence of imprisonment as well as fine, the appeal does not abate. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court: Trial Court Can Add or Alter Charges at Any Time, Even After Reserving Judgment
Wed, 22 Jan 2020 11:21:53 IST

Supreme Court has observed that a Trial Court can exercise its powers of altering or adding charges under Section 216 of the Code of Criminal Procedure, 1973 even after the completion of evidence, arguments and reserving of the judgment. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi High Court Refuses Mahout's Plea Seeking Release of Elephant from Alleged Illegal Detention
Wed, 22 Jan 2020 11:21:35 IST

Delhi High Court has refused to entertain the mahout's Plea seeking the release of an elephant from alleged illegal detention. The Court stated that keeping the elephant at an elephant rehabilitation centre cannot be termed as illegal or unauthorized as the jungle is the natural habitat of such animals. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Madras High Court Takes Suo Moto Notice of Issue of 'Fake Journalists'
Wed, 22 Jan 2020 11:21:16 IST

Madras High Court has taken suo moto notice of the issue of 'fake journalists' and has sought responses from the Tamil Nadu Government, Press Council of India and various journalists' bodies on means to tackle the problem. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Madras High Court Grants Interim Stay on Income Tax Case Trial Against Karti Chidambaram
Wed, 22 Jan 2020 11:20:57 IST

Madras High Court has granted an interim stay on the proceedings against Congress Lok Sabha Member of Parliament, Karti Chidambaram and his wife Srinidi in the income tax evasion case. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Delhi Court Modifies Bail Terms for Bhim Army Chief
Wed, 22 Jan 2020 11:20:36 IST

Delhi Court has modified the bail terms of Bhim Army Chief, Chandra Shekhar Azad, stating that any conditions imposed on the accused cannot come in his way to participate in elections in a democracy. The Court has allowed Azad to visit Delhi on the condition that he marks his presence before the police station at Saharanpur every Saturday till February 16. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - Securities Appellate Tribunal Maintains Status Quo in Axis- Karvy Case
Wed, 22 Jan 2020 11:20:16 IST

Securities Appellate Tribunal has extended its status quo order in the case of Axis Bank and Karvy Stock Broking till January 31. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR: Pharmaceutical Reference Standards is Not Diagnostic Reagent, Attracts 18% IGST
Wed, 22 Jan 2020 11:19:53 IST

Authority on Advance Ruling, Karnataka has ruled that the Pharmaceutical Reference Standards (PRS) is not a diagnostic reagent and is not covered under Entry No. 80 of Schedule II of Integrated Goods and Services Tax Act, 2017 (IGST Act). The Authority clarified that PRS is covered under Entry no. 453 of Schedule III of IGST Act, attracting IGST at 18%. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR: Activity Concerning Any Function Entrusted to Panchayat or Municipality, Exempted from GST
Wed, 22 Jan 2020 11:19:34 IST

Authority for Advance Ruling, Goa has held that the activities in relation to any function entrusted to a Panchayat or Municipality are exempted from Central Goods and Services Tax Act, 2017. (Podcast Available https://goo.gl/jRzvHc)

BANKING - Reserve Bank of India Cancels Vodafone's Certificate of Authorization for M- Pesa
Wed, 22 Jan 2020 11:19:14 IST

Reserve Bank of India has said that it has cancelled the Certificate of Authorization of Vodafone M- Pesa on account of voluntary surrender of authorization. The Bank further clarified that the Company cannot transact the business of issuance and operation of prepaid payment instruments post the cancellation. (Podcast Available https://goo.gl/jRzvHc)

INSURANCE - IRDAI Defers Implementation of Indian Accounting Standards in Insurance Sectors
Wed, 22 Jan 2020 11:18:57 IST

Insurance Regulatory and Development Authority of India has decided to defer the implementation of Indian Accounting Standards in the Insurance Sector until the International Accounting Standards Board issues final amendment to the International Financial Reporting Standard 17. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - Securities and Exchange Board of India Reaffirms Earlier Ruling in Sahara Case
Wed, 22 Jan 2020 11:18:41 IST

Securities and Exchange Board of India has reaffirmed its ruling in the Sahara India Commercial Corporation Limited case, which had directed the legal representatives of late Y N Saxena to refund investors. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court: Reservation in Promotion for Persons with Disability is Not Prohibited
Tue, 21 Jan 2020 15:54:02 IST

Supreme Court has observed that the rule of no reservation in promotions has no application to persons with disability (PWD). The Court upheld the view that the basis for providing reservation for PWD is a physical disability and not any of the criteria forbidden under Article 16(1) of the Constitution of India, 1949. (Podcast Available https://goo.gl/jRzvHc)

ENVIRONMENT - SC Asks Maharashtra PCB to Detail Steps Taken on Ground Water Contamination at Akolner Village
Tue, 21 Jan 2020 15:53:42 IST

Supreme Court has directed the Maharashtra State Pollution Control Board to file an affidavit in four weeks, giving details of the steps taken on the implementation of recommendations made in the report, submitted by the National Institute of Hydrology, about groundwater contamination at Akolner Village. (Podcast Available https://goo.gl/jRzvHc)

LABOUR & INDUSTRIAL - Delhi HC: Office of Controller General of Patents, Designs & Trade Marks is Industry u/s 2(j) ID Act
Tue, 21 Jan 2020 15:53:25 IST

Delhi High Court has held that the office of a Controller General of Patents, Designs and Trade Marks is an industry under Section 2(j) of the Industrial Disputes Act, 1947 (ID Act). The Court has further directed the reinstatement of workers illegally retrenched from their services. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Madras High Court Frames Guidelines for Conducting 'Jallikattu'
Tue, 21 Jan 2020 15:53:07 IST

Madras High Court has framed guidelines for conducting the festival 'Jallikattu', laying down for the formation of two Committees to conduct and oversee that the festival is conducted peacefully. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Delhi Court Convicts Brajesh Thakur for Raping Minor Girls in Muzaffarpur Shelter Home Case
Tue, 21 Jan 2020 15:52:51 IST

Delhi Court has convicted Brajesh Thakur and 18 other accused persons in the Muzaffarpur Shelter Home case on multiple grounds of rape, gangrape under Section 376(d) of Indian Penal Code, 1860, aggravated sexual assault under Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 2012, criminal conspiracy, and offences under the Juvenile Justice (Care and Protection of Children) Act, 2015. (Podcast Available https://goo.gl/jRzvHc)

DIRECT TAXATION - ITAT: Normal Business Advances Not in Nature of 'Loan' are Not Deemed Dividend
Tue, 21 Jan 2020 15:52:33 IST

Income Tax Appellate Tribunal, Delhi has held that the transaction where advance is received in the normal course of business and which is not taken as a loan cannot be considered as Deemed Dividend. The Tribunal further observed that the advance received from the company by the Assessee is in the nature of trade advance against the booking of commercial place being built by the Assessee and cannot be considered as deemed dividend under section 2(22) (e) of the Income Tax Act, 1961. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - Authority for Advance Ruling: Dealers Eligible for Input Tax Credit on Demo Cars
Tue, 21 Jan 2020 15:52:17 IST

Authority for Advance Ruling, Maharashtra has held that input tax credit charged on inward supply of demo cars, which are used for demonstration purpose in the course of business of supply of motor vehicle, can be availed by the dealer as an input tax credit on capital goods and the same can be utilized for payment of output tax payable under this Central Goods and Services Tax Act, 2017. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR: Compensation Paid for Setting Up of SEZ to be Considered as 'Supply of Services'
Tue, 21 Jan 2020 15:51:59 IST

Authority for Advance Ruling, Goa has held that the compensation paid for setting up of Special Economic Zone (SEZ) unit will be considered as a 'supply of services' under Goods and Service Tax Act, 2017 and GST will be payable on it. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court Rejects Plea of Nirbhaya Case Convict
Tue, 21 Jan 2020 11:23:31 IST

Supreme Court has rejected the Plea of Pawan Gupta, one of the four convicts in Nirbhaya case, claiming that he was a juvenile at the time of the offence. The Court said that it was too late to overcome the findings of the Trial Court, the Delhi High Court and the Supreme Court that he was a major at the time of the crime. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Issues Notice to Centre on Minority Schemes
Tue, 21 Jan 2020 11:23:09 IST

Supreme Court has issued notices to the Central Government on a Petition filed by a self-styled Vedic outfit challenging the annual budgetary outlay for several minority welfare schemes on the ground that it was violative of the secular principles of the Constitution of India, 1949 which bars any discrimination against any community on the grounds of religion. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - SC: Mandatory Time Line for Filing Written Statement is Not Applicable to Non-Commercial Suits
Tue, 21 Jan 2020 11:22:50 IST

Supreme Court has clarified that the mandatory time-line for filing written statement does not apply to non-commercial suits. The Court held that as regards non-commercial suits, the time-line for written statement is directory and not mandatory. (Podcast Available https://goo.gl/jRzvHc)

ELECTION - Supreme Court Allows Government to Take Over Unitech Limited
Tue, 21 Jan 2020 11:22:32 IST

Supreme Court has accepted the Centre's proposal to take over Unitech Limited and approved the names of new directors of the firm's Board headed by Yudhvir Malik. The Court has rejected the old management's Plea to be part of the Board. (Podcast Available https://goo.gl/jRzvHc)

ELECTION - Supreme Court Seeks to Reply on Stay on Poll Bonds
Tue, 21 Jan 2020 11:22:17 IST

Supreme Court has sought responses from the Centre and the Election Commission within two weeks on an application seeking an interim stay on a fresh window for donations to political parties through electoral bonds. (Podcast Available https://goo.gl/jRzvHc)

FAMILY - Supreme Court Says Parents Denied Custody Should be Allowed to Talk to Child Daily
Tue, 21 Jan 2020 11:22:00 IST

Supreme Court has said that where both parents are estranged and locked in a matrimonial dispute, the parent who has been denied the custody of the child should have the right to talk to him or her every day. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Stays Delhi High Court's Order Saying In-Laws Cannot Evict Woman
Tue, 21 Jan 2020 11:21:41 IST

Supreme Court has stayed Delhi High Court's ruling that the parents-in-law cannot evict a woman who was fighting a domestic violence case against them and their son without providing alternative residence. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Issues Notice to Uttar Pradesh Government on Allahabad Name Change
Tue, 21 Jan 2020 11:21:22 IST

Supreme Court has issued notices to the Uttar Pradesh Government on a Petition challenging the Yogi Government's decision to change the name of Allahabad to its ancient name, Prayagraj. (Podcast Available https://goo.gl/jRzvHc)

COMPANY - Allahabad High Court: Section 164(2) of Companies Act is Constitutionally Valid
Tue, 21 Jan 2020 11:21:00 IST

Allahabad High Court has upheld the constitutional validity of Section 164(2) of the Companies Act, 2013, which stipulates that a Director whose company has not filed financial statements or annual returns for any continuous period of three financial years, shall be disqualified from holding the position for five years. The Court has also held that the "financial year" for the Section would start only from 2014-15. (Podcast Available https://goo.gl/jRzvHc)

ARBITRATION - Calcutta HC: Unreasoned Arbitral Awards are Opposed to Public Policy Under Section 34 of A&C Act
Tue, 21 Jan 2020 11:20:43 IST

Calcutta High Court has set aside an arbitral award that was found to be bereft of proper reasoning and application of mind. The Court has held that an award that is not based on reasons would amount to being an award that is opposed to public policy within the meaning of the relevant expression in Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act). (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi HC Directs Revenue Department to Allocate Vacant Seats in PH Category to Blind Persons
Tue, 21 Jan 2020 11:20:11 IST

Delhi High Court has directed the Central Government to identify the vacancies in the Physically Handicapped (PH) category which can be filled up by persons in Blind/Low Vision (B/LV) category. The Court has given the authorities 8 weeks to determine which posts in the Indian Revenue Service earmarked for PH category can be allocated for those with B/LV. (Podcast Available https://goo.gl/jRzvHc)

ENVIRONMENT - Karnataka HC Restrains New Development Activity Near Bannerghatta National Park
Tue, 21 Jan 2020 11:19:52 IST

Karnataka High Court has restrained any new commercial or development activities, within 10 kilometres radius of Bannerghatta National Park, until the finalization of the draft notification on the declaration of Eco-Sensitive Zone. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Allahabad High Court Declines Mosques' Request to Install Loudspeaker for Azaan
Tue, 21 Jan 2020 11:19:16 IST

Allahabad High Court has declined the permission sought by two mosques to install loudspeakers, for Azaan, stating that no religion prescribes the use of loudspeakers for worshipping. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Telangana High Court Makes Lord Venkateswara a Respondent in Public Interest Litigation
Tue, 21 Jan 2020 11:19:01 IST

Telangana High Court has made Lord Venkateswara a Respondent in a Public Interest Litigation which questioned the construction of a temple in a park. The Court has warned the temple committee that if they fail to provide necessary permissions, the temple would be liable to be declared illegal and subsequently, demolished. (Podcast Available https://goo.gl/jRzvHc)

COMPANY - NCLAT Stays NCLT's Order Prohibiting Appointment of Ex- Bankers as Resolution Professional
Tue, 21 Jan 2020 11:18:44 IST

National Company Law Appellate Tribunal has stayed National Company Law Tribunal's Order which prohibited appointing a former bank official as independent resolution professional of a bankrupt company because of the possibility of bias. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR: 18% Goods and Service Tax Applicable on Entry Fee and Amusement Facility in Public Park
Tue, 21 Jan 2020 11:18:27 IST

Authority for Advance Ruling, Rajasthan has ruled that 18% of Goods and Services Tax would apply to the entry fee and amusement facility in the public park. (Podcast Available https://goo.gl/jRzvHc)

MRTP/ COMPETITION LAWS - Competition Commission of India Approves Divestment of Reliance Jio's Telecom Towers
Tue, 21 Jan 2020 11:18:09 IST

Competition Commission of India has approved the divestment of Reliance Jio Infocomm Ltd's telecom tower assets to Canada's Brookfield Infrastructure Partners LP and other investors. (Podcast Available https://goo.gl/jRzvHc)

MOTOR VEHICLES - Supreme Court: Earning Heirs Entitled to Compensation Under MV Act
Mon, 20 Jan 2020 16:32:40 IST

Supreme Court has held that employed sons and married daughters can apply for compensation for the death of their parent, and would qualify as 'legal representative' under Section 166 of the Motor Vehicles Act, 1988. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Issues Notice on Plea Challenging Validity of NIA Amendment Act, 2019
Mon, 20 Jan 2020 16:32:23 IST

Supreme Court has issued a notice to the Centre on a Writ Petition which challenged the Constitutional Validity of the National Investigation Agency (Amendment) Act, 2019. (Podcast Available https://goo.gl/jRzvHc)

BANKING - Supreme Court Indicts Indian Bank for Negligence
Mon, 20 Jan 2020 16:32:07 IST

Supreme Court has directed the Indian Bank to pay Rs. 25 lakhs as compensation to Dayanand Anglo Vedic Public School in West Bengal for negligence leading to heavy losses to the school. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Allows Liquor Vendor to Shift 650 Kilometres
Mon, 20 Jan 2020 16:31:49 IST

Supreme Court has set aside the judgment of Madras High Court and allowed a wholesaler in Indian made foreign Liquor to shift his business 650 kilometres from Mahe to Karaikal. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Centre Declares United Arab Emirates as Reciprocating Territory Under Section 44A of Code of Civil Pr
Mon, 20 Jan 2020 16:31:32 IST

Central Government of India has declared United Arab Emirates (UAE) as a reciprocating territory under Section 44A of the Code of Civil Procedure, 1908 making the civil judgments of UAE enforceable in India. (Podcast Available https://goo.gl/jRzvHc)

ARBITRATION - Calcutta HC: Application to Set Aside Arbitral Award Cannot Be Put on Hold Due to Invocation of IBC
Mon, 20 Jan 2020 16:31:15 IST

Calcutta High Court has stated that an application to set aside an arbitral award under the Arbitration and Conciliation Act, 1996 cannot be kept in abeyance because of the provisions of Insolvency and Bankruptcy Code, 2016 is invoked by operational creditors against debtors. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Telangana High Court Directs Police to Provide Evidence of Professor's Maoist Links
Mon, 20 Jan 2020 16:30:58 IST

Telangana High Court has given the Police four days to provide proof that the arrested Osmania Professor, Chintakindi Kaseem had Maoist links. (Podcast Available https://goo.gl/jRzvHc)

COMPANY - National Company Law Appellate Tribunal Asks DLF to Register Transfer of Shares to Legal Heirs
Mon, 20 Jan 2020 16:30:42 IST

National Company Law Appellate Tribunal has directed DLF Ltd. to register the transfer of 60,000 shares to the legal heirs of one of its deceased shareholders and has imposed a cost of Rs. 5 Lakhs for "harassing the poor investors". (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR: Building Completion and Finishing Services is Single Service Which Attracts 18% GST
Mon, 20 Jan 2020 16:30:22 IST

Authority for Advance Ruling (AAR), Maharashtra has held that building completion and finishing services are to be regarded as a single service and not the separate services and 18% Goods and Services Tax would be applicable. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - DGFT Issues Notice on Non-Compliance and Misclassification of Imported Goods
Mon, 20 Jan 2020 16:30:05 IST

Directorate General of Foreign Trade (DGFT) has issued the notice stating that Non-Compliance and Misclassification of Imported Goods under 'Others' Category may shift such items from 'Free' to 'Restricted' Category. (Podcast Available https://goo.gl/jRzvHc)

LABOUR AND INDUSTRIAL - Supreme Court: Contractual Workers Entitled to Provident Fund Benefits
Mon, 20 Jan 2020 12:50:03 IST

Supreme Court has ruled that casual workers are entitled to social security benefits under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. The Court has also observed that an employer cannot differentiate between contractual and permanent employees. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court Notifies Terms of Reference of Inquiry Commission in Hyderabad Encounter Case
Mon, 20 Jan 2020 12:49:32 IST

Supreme Court has stipulated the terms of reference of the Inquiry Commission that was constituted to investigate into the extrajudicial killings of four men accused of gang-rape and murder of a veterinarian in an alleged encounter with Hyderabad police on December 6. (Podcast Available https://goo.gl/jRzvHc)

SALES TAX/VAT - Supreme Court Dismisses Appeal by Delhi Sales Tax Authorities
Mon, 20 Jan 2020 12:49:15 IST

Supreme Court has dismissed an appeal by Delhi Sales Tax Authorities and upheld the final judgment and order passed by the Delhi High Court that sales tax cannot be imposed based on work contract of supply of goods from Mumbai to Delhi. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court: Investigation in IPC Offences Cannot Be Quashed for Non-investigation of SC-ST Offence
Mon, 20 Jan 2020 12:48:58 IST

Supreme Court has observed that when the offence complained are both under Indian Penal Code, 1860 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the investigation which is being made by a competent police officer in accordance with the provisions of the Code cannot be quashed for non-investigation of the offence under Section 3 of the Act by a competent police officer. (Podcast Available https://goo.gl/jRzvHc)

LAND ACQUISITION - Supreme Court Issues Notice on Farmers' Plea Against Land Acquisition
Mon, 20 Jan 2020 12:48:40 IST

Supreme Court has issued notices to the National High-Speed Rail Corporation Ltd. and the Gujarat and Central governments on Farmer's Petitions against land acquisition for Mumbai-Ahmedabad bullet train project. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Declines Relief in Election Annulment Case
Mon, 20 Jan 2020 12:41:35 IST

Supreme Court has declined to stay the annulment of Mohd Abdullah Azam Khan's election in Uttar Pradesh assembly in 2017 from Suar Constituency. (Podcast Available https://goo.gl/jRzvHc)

MOTOR VEHICLES - Supreme Court Seeks Report from Government on Carrying Out 2012 Electronic Vehicle Plan
Mon, 20 Jan 2020 12:41:18 IST

Supreme Court has asked the Union Government to give in detail the steps taken to implement the National Electric Mobility Mission Plan- 2020, a policy decision to give incentives for adoption of electric vehicles and disincentives for fossil fuel-based vehicles. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Delhi High Court Gives No Relief for Sengar in Rape Case
Mon, 20 Jan 2020 12:40:59 IST

Delhi High Court has refused to suspend the sentence of expelled Bharatiya Janta Party Member of Legislative Assembly, Kuldeep Singh Sengar who is serving a life term for raping a minor girl. (Podcast Available https://goo.gl/jRzvHc)

ELECTION - Delhi High Court Asks ECI to Decide Plea for Inspection of Printed Paper Slips of VVPAT Devices
Mon, 20 Jan 2020 12:40:41 IST

Delhi High Court has directed the Election Commission of India to decide representations made to it for inspection of record of the printed paper slips generated from the Voter verifiable paper audit trail electronic devices during the 2019 Lok Sabha elections. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi High Court: Mahanagar Telephone Nigam Limited No Longer Exempted from Provident Fund Act
Mon, 20 Jan 2020 12:40:23 IST

Delhi High Court has denied Mahanagar Telephone Nigam Limited's Plea challenging an order issued against it, wherein the relaxation granted to it under the Employees' Provident Funds & Miscellaneous Provisions Act, 1952, was withdrawn. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi HC Sets Aside AAP Leader Jitender Tomar's Election for Stating False Educational Qualification
Mon, 20 Jan 2020 12:39:54 IST

Delhi High Court has set aside Aam Aadmi Party Leader, Jitender Singh Tomar's election to the Tri Nagar Constituency for stating false educational qualifications in his election declaration. (Podcast Available https://goo.gl/jRzvHc)

ELECTION - Delhi HC: Curbing Political Advertisements in Model Code of Conduct Not Violates Freedom of Speech
Mon, 20 Jan 2020 12:39:35 IST

Delhi High Court has held that the restriction on political advertisements during the Model Code of Conduct does not violate either the freedom of speech or the freedom of carrying out trade. (Podcast Available https://goo.gl/jRzvHc)

ARBITRATION - Delhi High Court: Scope of Interference with International Commercial Arbitration is Limited
Mon, 20 Jan 2020 12:39:18 IST

Delhi High Court has dismissed a German manufacturer's claim for damages against Bharat Heavy Electricals Limited, India. The Court observed that the scope of interference for International Commercial Arbitration, in India, after the amendment of Section 34 of the Arbitration and Conciliation Act, 1996 has been narrowed down and even patent illegality is no longer a ground available to challenge International Commercial Award passed in India. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Bombay High Court: Cross-Examination Not Restricted to What Witness States in Examination-in-Chief
Mon, 20 Jan 2020 12:38:59 IST

Bombay High Court has said that in certain cases the cross-examination cannot be limited to the contents of the examination-in-chief and may go beyond examination-in-chief as the purpose of the cross-examination is to test the veracity or impeach the credit of the witnesses. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Bombay High Court: In Absence of Karta, Any Member of Family May Prosecute Suit
Mon, 20 Jan 2020 12:38:41 IST

Bombay High Court has held that where a Karta has not been appointed, any member of the Hindu Undivided Family may represent the family in the capacity of a co-owner, in a suit for eviction of tenants from the demised premises. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - SC Issues Notice to Centre on Petition Challenging CAA and National Population Register
Mon, 20 Jan 2020 12:38:23 IST

Supreme Court has issued notices to the Central Government on a Petition challenging the Constitutional Validity of the Citizenship Amendment Act, 2019 and the National Population Register. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - Kerala HC Clarifies Issue of Composite Supply Under Goods and Services Tax Regime
Mon, 20 Jan 2020 12:38:06 IST

Kerala High Court has clarified the issue of composite supplies under the Central Goods and Services Tax, 2017, explaining that where the supply is composite, then the Goods and Services Tax rate on principal supply applies to the entire supplies, otherwise different rates are applicable as they would apply to each transaction. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Madhya Pradesh High Court Issues Notice on Plea Against Witch-Hunting
Mon, 20 Jan 2020 12:37:48 IST

Madhya Pradesh High Court has issued a notice on a Plea filed against the infamous practice of witch-hunting, prevalent in the state. (Podcast Available https://goo.gl/jRzvHc)

BANKING - Delhi High Court: Advocates Can be Appointed as Receivers Under Section 14(1A) of SARFAESI Act
Mon, 20 Jan 2020 12:37:31 IST

Delhi High Court has held that there is no bar on the appointment of an Advocate as a 'Receiver' under Section 14 (1A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. (Podcast Available https://goo.gl/jRzvHc)

SERVICE TAX - CESTAT, Kolkata: Service Tax Refund Can Be Claimed on Basis of Monthly Consolidated STTG Certificate
Mon, 20 Jan 2020 12:37:13 IST

Customs Excise and Service Tax Appellate Tribunal has ruled that the Service Tax Refund can be claimed on the basis of monthly consolidated Service Tax Certificate (STTG) for Transportation of goods issued by the Indian Railways. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - CESTAT: Refund of Unutilised Credit Can't Denied if Amount Voluntarily Debited/Credited in GSTR-3B
Mon, 20 Jan 2020 12:36:48 IST

Customs Excise and Service Tax Appellate Tribunal, Mumbai has held that the refund of unutilized credit cannot be denied if the Assessee voluntarily debits or credit amount in Form GSTR-3B. (Podcast Available https://goo.gl/jRzvHc)

BANKING - RBI Allows Financial Institutions to Conduct Business in Indian National Rupee in IFSC
Mon, 20 Jan 2020 12:36:31 IST

Reserve Bank of India has allowed the Financial Institutions to conduct businesses in Indian National Rupees in International Financial Services Centres. The Bank has issued a notification on January 7, 2020, adding a new proviso to Foreign Exchange Management (International Financial Services Centre) Regulations, 2015 to incorporate this change. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - Enforcement Directorate Attaches Assets of Ex- Bhushan Power and Steel Limited CMD
Mon, 20 Jan 2020 12:36:14 IST

Enforcement Directorate has attached the assets worth Rs. 204 Crores of former Bhushan Power and Steel Limited chairman and managing director Sanjay Singhal under the Anti-Money Laundering Law. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR, Karnataka: Govt. Timber Depots Are Not Government Department; Must Collect GST and Issue Invoice
Mon, 20 Jan 2020 12:35:56 IST

Authority of Advance Ruling, Karnataka has ruled that the Government Timber Depots are not Government Department, thereby reverse charge mechanism will not be applicable and the Government Timber Depot would have to collect the Goods and Services Tax and issue the invoice. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Consumer Forum, Kolkata Directs VLCC to Compensate Client who Sustained Burn Injuries
Mon, 20 Jan 2020 12:35:39 IST

District Consumer Disputes Redressal Commission, Kolkata has directed beauty clinic Vandana Luthra Curls and Curves to compensate a client who sustained second-degree burn injuries while undergoing a fat reduction treatment offered by them. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - SEBI Puts Norms for Rights of Issue of Units by Listed REITs and InvITs
Mon, 20 Jan 2020 12:35:22 IST

Securities and Exchange Bank of India (SEBI) has put in place a framework for the rights of issue of units by listed Real Estate Investment Trusts and Infrastructure Investment Trusts. The Board called for disclosure of objects of the issue and financial details in the offer document by such investment instruments. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Central Administrative Tribunal, Chandigarh Quashes Appointment of Director General of Police, Punjab
Mon, 20 Jan 2020 12:35:03 IST

Central Administrative Tribunal, Chandigarh has quashed the appointment of Dinkar Gupta as the Director-General of Police, Punjab. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Delhi Court: Nirbhaya Case- Convicts to Hang on February 1 at 6 A.M.
Fri, 17 Jan 2020 17:09:02 IST

Delhi Court has issued fresh death warrants for the four Nirbhaya case convicts, who will now be executed at 6 am on February 1. The Court has issued the new warrant after President Ram Nath Kovind rejected a mercy petition filed by Mukesh Singh, one of the convicts. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - President of India Rejects Mercy Plea of Death Row Convict Mukesh Singh
Fri, 17 Jan 2020 15:35:57 IST

President of India, Mr Ram Nath Kovind has rejected the mercy petition of Mukesh Singh, one of the four death row convicts in the Nirbhaya gang-rape and murder case. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Directs Return of Rs 20 Crores Deposited by Karti Chidambaram as Security
Fri, 17 Jan 2020 15:35:40 IST

Supreme Court has allowed the Congress Member of Parliament, Karti Chidambaram to have the return of Rs 20 Crores, which was deposited with the top Court's Registry as security for travelling abroad. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Dismisses Plea Seeking Bharat Ratna to Mahatma Gandhi
Fri, 17 Jan 2020 15:35:23 IST

Supreme Court has declined to issue to a direction to the Union of India for conferring the Bharat Ratna on Mahatma Gandhi, stating that he is at a higher stature than a Bharat Ratna. The Court allowed the Petitioner to make a representation before the Government in this behalf. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Delhi High Court Issues Notice to Give More Time to Sengar to Deposit Compensation
Fri, 17 Jan 2020 15:35:04 IST

Delhi High Court has issued a notice granting 60 days to Unnao rape case convict, Kuldeep Singh Sengar to deposit the compensation amount as directed by the Trial Court. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Karnataka High Court Imposes Cost on Police Officers for Registering FIR Under Section 66A of IT Act
Fri, 17 Jan 2020 15:34:47 IST

Karnataka High Court has directed two police officers to pay a cost of Rs. 10,000 each for registering a First Information Report under Section 66 (A) of the Information Technology Act, 2000 which has been struck down by the Supreme Court. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - Gujarat High Court: Confiscation Before Seizure Cannot be Ordered on Mere Suspicion
Fri, 17 Jan 2020 15:34:30 IST

Gujarat High Court has held that to issue a notice of confiscation u/s 130 of the Central Goods and Services Tax Act, 2017, mere suspicion may not be sufficient to invoke the Section. (Podcast Available https://goo.gl/jRzvHc)

DIRECT TAXATION - ITAT Delhi: Exemption to Agricultural Lands Bought not for Business Purposes Allowed
Fri, 17 Jan 2020 15:34:13 IST

Income Tax Appellate Tribunal, Delhi has allowed exemption on agricultural lands bought without an intention to purchase the land for any business purposes. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Rejects Review Petitions of Telecom Companies
Fri, 17 Jan 2020 11:04:01 IST

Supreme Court has dismissed the Review Petitions of Telecom companies on Adjusted Gross Revenue (AGR) payment order. The Companies would have to pay Rs 1.47 Trillion in AGR dues including penalties and interests by January 23. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Approves Project for Goa International Airport
Fri, 17 Jan 2020 11:03:45 IST

Supreme Court has passed an Order paving the way for construction of the International Airport at Mopa, Goa. The Court has issued directions to the National Environmental Engineering Research Institute to oversee the project and ensure compliance with the Court's Order. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Stays Bombay High Court's Order on Wadhawans' House Arrest
Fri, 17 Jan 2020 11:03:27 IST

Supreme Court has stayed the Bombay High Court's Order releasing Rakesh Wadhawan and his son, Sarang accused in the Rs. 4,355 Crores in Punjab and Maharashtra Co-operative Bank Scam, releasing them from jail and putting them under house arrest to facilitate the sale of assets for recovery of dues. (Podcast Available https://goo.gl/jRzvHc)

INTELLECTUAL PROPERTY RIGHTS - Bombay High Court Allows Release of 'Umeed' Movie
Fri, 17 Jan 2020 11:03:10 IST

Bombay High Court has held that there can be no monopoly of copyright in the idea or subject of a film based on the subject of a clinical trial, which is a part of the public domain. The Court has dismissed a Notice of Motion filed by writer Shivani Tibrewala in a suit alleging copyright infringement on behalf of makers of the movie 'Umeed', which is based on unethical clinical trials. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Bombay High Court Passes Take Down Order Against Youtuber
Fri, 17 Jan 2020 11:02:50 IST

Bombay High Court has passed an interim order of 'takedown' against a social media video logger on prima facie findings that he had given reckless and offensive reviews of a product and cautioned that persons in such capacity should be careful that their publications do not harm others. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi High Court Asks AIIMS to Provide Medical Care to Boy Suffering from Rare Disease
Fri, 17 Jan 2020 11:02:33 IST

Delhi High Court has asked the All India Institute of Medical Sciences to immediately provide necessary treatment to a 11- year old boy suffering from a rare disease. The Court has directed the Ministry of Health and Family Services to reimburse the cost of treatment. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Allahabad High Court: Court to Inform Accused About Free Legal Services
Fri, 17 Jan 2020 11:02:14 IST

Allahabad High Court has reiterated that while prosecuting an indigent person who cannot afford to engage a lawyer, the Court must provide him with "real and meaningful" free legal aid. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Gujarat High Court: PAN Cannot be Declared Inoperative Due to Non-Linking with Aadhar
Fri, 17 Jan 2020 11:01:55 IST

Gujarat High Court has held that the Permanent Account Number cannot be declared inoperative due to non-linking of Aadhaar or Aadhaar number. (Podcast Available https://goo.gl/jRzvHc)

ELECTION - Bombay High Court Issues Notice to Devendra Fadnavis in Plea Challenging His Election
Fri, 17 Jan 2020 11:01:34 IST

Bombay High Court has issued a notice to former Chief Minister of Maharashtra, Devendra Fadnavis in a Plea challenging his election from Nagpur (South West) constituency. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Delhi Court Says Nirbhaya Case Convicts Would not be Hanged on January 22
Fri, 17 Jan 2020 11:01:16 IST

Delhi Court has said that the convicts in the Nirbhaya Case would not be hanged on January 22. The Court has also sought from the Tihar Jail Authorities a status report on the Mercy Petition filed by one of the four convicts. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR Kerala : Distributors Liable to Pay GST on Additional Discount Reimbursed
Fri, 17 Jan 2020 11:00:39 IST

Authority for Advance Ruling, Kerala has ruled that the distributors are liable to pay Goods and Service Tax and are also eligible to avail Input Tax Credit on the amount received as reimbursement of the discount rebate. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - Securities and Exchange Board of India Allows Trading in Options on Commodities
Fri, 17 Jan 2020 11:00:21 IST

Securities and Exchange Board of India has allowed exchanges to start trading in options on goods. The Board further has said that the contract specifications for options on goods have to be the same as commodity futures. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - SEBI Exonerates 9 Officials in National Stock Exchange 'Dark Fibre' Case
Fri, 17 Jan 2020 11:00:04 IST

Securities and Exchange Board of India has cleared nine people in a case in which it was alleged that a host of the exchange's executives had colluded to favour a handful of brokers. (Podcast Available https://goo.gl/jRzvHc)

ENVIRONMENT - National Green Tribunal Asks Delhi Development Authority for Report on Sanjay Lake
Fri, 17 Jan 2020 10:59:44 IST

National Green Tribunal has asked the Delhi Development Authority and Delhi Tourism and Transport Development Corporation to submit a status report on Sanjay Lake after a Plea was filed that it was being severely polluted. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - Insolvency and Bankruptcy Board of India (IBBI): Unclaimed Dividend to Go to IBBI Account
Fri, 17 Jan 2020 10:59:25 IST

Insolvency and Bankruptcy Board of India has notified an amendment to the Voluntary Liquidation Process Regulation, 2017, whereby all unclaimed dividends of a company going into liquidation will now have to be deposited in an account with the Insolvency and Bankruptcy Board of India. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Calcutta High Court: Inconvenience of Wife Treated as Prime Consideration in Matrimonial Suit
Thu, 16 Jan 2020 15:56:55 IST

Calcutta High Court has ruled that if a Transfer Petition under Section 24 of the Code of Civil Procedure, 1908 is sought by a wife during matrimonial proceedings, the Court while deciding the petition should take into consideration the inconvenience caused to her. (Podcast Available https://goo.gl/jRzvHc)

SALES TAX/VAT - Madras High Court: 'Bitumen Emulsion' Is 5% Taxable Under TNVAT Act, 2006
Thu, 16 Jan 2020 15:56:38 IST

Madras High Court has held that the "Bitumen Emulsion" is to be classified as "Bitumen" and is liable to be taxed at the rate of 5% as prescribed therein for "Bitumen" under the Tamil Nadu Value Added Tax Act, 2006. (Podcast Available https://goo.gl/jRzvHc)

LIMITATION - Calcutta HC Recommends Action Against District Judge for Material Irregularity in Judicial Order
Thu, 16 Jan 2020 15:56:23 IST

Calcutta High Court has recommended administrative action against a District Judge for material irregularity and impropriety in a judicial order. The Court noted that the Appellant prayed for condonation of delay on several grounds including medical grounds, whereas the Lower Appellate Court failed to consider the medical certificates issued by qualified doctors exhibited by the Appellant and wrongly rejected the application under Section 5 of the Limitation Act, 1963. (Podcast Available https://goo.gl/jRzvHc)

TENANCY - Supreme Court: Long Continuous Possession by Itself Cannot be Termed as Adverse Possession
Thu, 16 Jan 2020 11:01:40 IST

Supreme Court has reiterated that long and continuous possession by itself cannot be termed as adverse possession to perfect title within the meaning of Article 65 of the Limitation Act, 1963. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court Quashes Madras High Court's Direction to Form Committee for Reforms
Thu, 16 Jan 2020 11:01:21 IST

Supreme Court has set aside a Madras High Court Order that directed the State to constitute a committee to recommend reforms in the Criminal Justice System. The Court has observed that the Jurisdiction of the Court under Section 439 of the Code of Criminal Procedure, 1973 is limited to grant or not to grant bail pending trial and it has no inherent jurisdiction to pass any order under the guise of improving the criminal justice system in the State. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Nirbhaya Case: Delhi High Court Remarks that Litigants Exploiting System
Thu, 16 Jan 2020 11:01:04 IST

Delhi High Court has remarked at the strategy adopted by the death row convicts in the Nirbhaya Case. The Court pointed out that the litigants had two and a half years to file Curative Petitions and Mercy Pleas when the Supreme Court dismissed the Criminal Appeals in 2017, and the Litigants were simply exploiting the system by delaying the Execution Orders. (Podcast Available https://goo.gl/jRzvHc)

RIGHT TO INFORMATION - Bombay HC: Nothing in RTI Act Empowers CIC to Constitute Any Committee or Conduct Any Enquiry
Thu, 16 Jan 2020 11:00:45 IST

Bombay High Court has ruled that nothing in the Right to Information Act, 2005 empowers the State or Central Information Commission to constitute any committee or conduct any enquiry on its behalf. The Court further has stayed the implementation of an Order passed by an Information Commissioner directing the Department of Economic Affairs to conduct an enquiry. (Podcast Available https://goo.gl/jRzvHc)

NARCOTICS - Delhi High Court: Search and Seizure Before Magistrate Not Mandatory in All Cases
Thu, 16 Jan 2020 11:00:28 IST

Delhi High Court has held that the requirement to conduct search and seizure before a Gazetted Officer/Magistrate under Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 is mandatory only when the accused requires such procedure to be carried out. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi Court Grants Bail to Bhim Army Chief
Thu, 16 Jan 2020 11:00:09 IST

Delhi Court has granted bail to Bhim Army Chief Chandra Shekhar Azad after upholding his Constitutional Right to Protest. The Court has barred his entry into the Capital for four weeks or holding any "dharnas" while the elections are on. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - Jharkhand High Court: No Denial of Input Tax Credit if Seller Defaults in Depositing Tax
Thu, 16 Jan 2020 10:59:52 IST

Jharkhand High Court has held that Input Tax Credit cannot be denied for the Petitioner who had discharged all the tax liabilities and where it was not Petitioner's fault that the selling dealer had made defaults in depositing tax in treasury. (Podcast Available https://goo.gl/jRzvHc)

MRTP/ COMPETITION LAWS - Competition Commission of India Orders Probe Against Asian Paints
Thu, 16 Jan 2020 10:59:34 IST

Competition Commission of India has ordered a probe against Asian Paints for allegedly using its domination of the market to hinder the entry of JSW Paints. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - Securities Appellate Tribunal Grants Interim Relief to Axis Bank
Thu, 16 Jan 2020 10:59:17 IST

Securities Appellate Tribunal has granted interim relief to Axis Bank in the Appeal seeking status quo on the Order passed by the Securities and Exchange Board of India in the Karvy Case which stated that the pledging of shares by Karvy Stock Broking in cases where clients were "fully-paid" was legally invalid. (Podcast Available https://goo.gl/jRzvHc)

SERVICE TAX - CESTAT: No Vivisection in Service and Material Components of Contract is Composite Works Contract
Thu, 16 Jan 2020 10:58:58 IST

Customs, Excise, and Service Tax Appellate Tribunal Hyderabad has held that where a contract cannot be vivisection between service component and material component, the contract in question is a composite works contract. (Podcast Available https://goo.gl/jRzvHc)

SERVICE TAX - CESTAT Hyderabad: Service Tax Paid on GTA Services Available as Refund and Is Not Exempt
Thu, 16 Jan 2020 10:58:32 IST

Customs, Excise, and Service Tax Appellate Tribunal Hyderabad has held that where the conditions for availing a refund of service tax on Goods Transport Agency services were not met, the benefit on the said service cannot be obtained. (Podcast Available https://goo.gl/jRzvHc)

MOTOR VEHICLES - Supreme Court: Violation of Law by Itself Cannot Lead to Finding of Contributory Negligence
Wed, 15 Jan 2020 15:12:00 IST

Supreme Court has held that a violation of law by itself, without anything more, cannot lead to a finding of contributory negligence while considering claim petitions filed in Motor Accident Cases. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court: Conviction Cannot be Solely Based on Evidence of Hand-Writing Expert
Wed, 15 Jan 2020 15:11:43 IST

Supreme Court has reiterated that without an independent and reliable corroboration, the opinion of the handwriting experts cannot be relied upon to base a conviction. The Court stated that the evidence of hand-writing experts is only a corroborative piece of evidence to corroborate the evidence of other prosecution witnesses. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - SC Issues Notice on Calcutta HC's Challenge Against Judgment Modifying Senior Designation Guidelines
Wed, 15 Jan 2020 15:11:24 IST

Supreme Court has issued a notice on a Petition filed by the Calcutta High Court challenging its own judgment that allowed in part the challenge to its own guidelines for designation of advocates as 'senior'. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Bombay High Court Allows Auction of Housing Development and Infrastructure Limited Assets
Wed, 15 Jan 2020 15:11:06 IST

Bombay High Court has allowed a Public Interest Litigation seeking auction of all Housing Development and Infrastructure Limited assets, either mortgaged with the Bank or attached by the Economic Offences Wing, Mumbai. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - Madhya Pradesh High Court Denies Bail Application to Goods and Service Tax Evader Worth Rs 60 Crores
Wed, 15 Jan 2020 15:10:49 IST

Madhya Pradesh High Court has denied the Bail application filed by Goods and Service Tax Evader in connection with the crime which was registered with the Commissioner of Central Goods and Service Tax, Jabalpur for the offenses punishable under Sections 132 (1) (d) of Central Goods and Service Tax Act, 2017 and Sections 471 and 120-B of the Indian Penal Code, 1860. (Podcast Available https://goo.gl/jRzvHc)

SERVICE TAX - CESTAT Mumbai: Cleaning Service Provided Through Manpower Not Taxable Service
Wed, 15 Jan 2020 15:10:30 IST

Customs Excise and Service Tax Appellate Tribunal- Mumbai has held that the company providing cleaning services through Manpower engaged by it were under the administrative and supervisory control of the company and cannot be treated as Manpower Recruitment or Supply of Services. (Podcast Available https://goo.gl/jRzvHc)

COMPANY - Supreme Court Allows Vedanta Limited to Bid for National Aluminium Company Limited's Alumina Tenders
Wed, 15 Jan 2020 11:23:45 IST

Supreme Court has allowed Vedanta Limited to bid for alumina tenders by National Aluminium Company Limited (NALCO). The Court said that Vedanta Limited's foreign units can bid for NALCO's alumina tenders meant for exports. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi HC Directs Police to Look Into Plea for Opening Road Stretch Closed Due to Anti-CAA Protests
Wed, 15 Jan 2020 11:23:15 IST

Delhi High Court has disposed off a Public Interest Litigation seeking reopening of the Kalindi Kunj - Shaheen Bagh stretch which is currently closed due to the ongoing Anti-Citizenship Amendment Act, 2019 protests. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi HC Orders Seizure of Phones of Members of WhatsApp Groups Linked to Violence in JNU
Wed, 15 Jan 2020 11:22:53 IST

Delhi High Court has ordered that the phones of members of two WhatsApp groups linked to the violence at Jawaharlal Nehru University should be seized "at the earliest" by the police. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi High Court Asks Facebook Regarding Injunction in Baba Ramdev's Case
Wed, 15 Jan 2020 11:22:30 IST

Delhi High Court has asked Facebook for its stand in the appeal against Baba Ramdev, challenging the global injunction order passed by the Single Bench of Delhi High Court. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Bombay High Court Asks TRAI to Respond to Broadcasters' Petition Within a Week
Wed, 15 Jan 2020 11:22:11 IST

Bombay High Court has asked the Telecom Regulatory Authority of India to respond by January 20 to the Broadcasters' Petition challenging its amended New Tariff Order. (Podcast Available https://goo.gl/jRzvHc)

DIRECT TAXATION - Madras High Court: No Tax Deduction for Replacement of Machineries
Wed, 15 Jan 2020 11:21:53 IST

Madras High Court has held that the replacement of the machineries as a whole cannot be held to be current repairs or allowable revenue expenditure. (Podcast Available https://goo.gl/jRzvHc)

DIRECT TAXATION - Gujarat High Court: Probability or Improbability of Realisation to be Considered in Realistic Manner
Wed, 15 Jan 2020 11:21:32 IST

Gujarat High Court has held that the probability or improbability of realization has to be considered in a realistic manner and there is no real accrual of income to the Assessee in respect of the disputed enhanced charges for supply of electricity. (Podcast Available https://goo.gl/jRzvHc)

DIRECT TAXATION - Gujarat HC: Cricket Association Eligible for Tax Exemption for Income from International Matches
Wed, 15 Jan 2020 11:21:14 IST

Gujarat High Court has upheld the order by the Income Tax Appellate Tribunal that Baroda Cricket Association engaging in international matches does not amount to commercial activity. The Court has allowed the benefits of exemptions under Sections 11 and 12 of the Income Tax Act, 1961. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Allahabad HC Seeks Reply from Centre/ State in Plea for Regulation of Sale and Distribution of Acid
Wed, 15 Jan 2020 11:20:54 IST

Allahabad High Court has sought replies from the Centre and the Uttar Pradesh State Governments in a Public Interest Litigation seeking the implementation of the Supreme Court's directions to regulate sale and distribution of acid in the country. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Karnataka High Court Issues Notice on Public Interest Litigation for Judicial Inquiry
Wed, 15 Jan 2020 11:20:39 IST

Karnataka High Court has issued notice to the State Government on a Public Interest Litigation seeking a judicial inquiry by a sitting/retired Judge of the High Court into the incident of violence and excessive use of force by the police, leading to the killing of two civilians and injuring seven others, at Mangalore during an Anti-Citizenship Amendment Act, 2019 protest. (Podcast Available https://goo.gl/jRzvHc)

MRTP/COMPETITION LAWS - Madras HC Takes Suo Motu Case on Cartel of Doctors, Pharma Companies and Diagnostic Labs
Wed, 15 Jan 2020 11:20:18 IST

Madras High Court has observed that the cartel of doctors, pharma companies and diagnostic laboratories are fleecing the patients by overpricing the drugs over and above the maximum scale price fixed by the Government. The Court further observed that as a consequence the patients are compelled to pay more unnecessarily. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Patna High Court Directs Judicial Academy to Give Training to Magistrates
Wed, 15 Jan 2020 11:20:01 IST

Patna High Court has asked the Director of the Judicial Academy at Patna, to train Judicial Officers in matters of custody and remand applications. (Podcast Available https://goo.gl/jRzvHc)

CONSTITUTION - Delhi Court Asks Delhi Police to Back its Claim Against Bhim Army Chief
Wed, 15 Jan 2020 11:19:43 IST

Delhi Court has asked the Delhi Police to back its claim against the Bhim Army Chief Chandra Shekhar Azad that he indulged in violence during Anti- Citizenship Amendment Act, 2019 protests. The Court observed that the Right to Protest is a Constitutional Right. (Podcast Available https://goo.gl/jRzvHc)

BANKING - Reserve Bank of India Lifts Restrictions on Catholic Syrian Bank on Opening Branches
Wed, 15 Jan 2020 11:19:25 IST

Reserve Bank of India has lifted a restriction that was imposed on the Catholic Syrian Bank for opening new branches, given the delayed initial public offering, with effect from January 10. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - Securities and Exchange Board of India Bans Former Diageo Executive for 7 Years
Wed, 15 Jan 2020 11:19:05 IST

Securities and Exchange Board of India has banned the Nishat Shailesh Gupte, a former official of Diageo Plc, from the capital markets for 7 years for indulging in insider trading in United Spirits. The Board has directed Poonam Haresh Jashnani, Haresh Parmanand Jashnani and Varun Haresh Jashnani to disgorge unlawful gains totaling over Rs. 1 Crore made by them, along with interest, in the insider trading case. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - Securities Appellate Tribunal Upholds SEBI's Order Levying Fine on PACL Limited
Wed, 15 Jan 2020 11:18:49 IST

Securities Appellate Tribunal has upheld the order of Securities and Exchange Board of India levying a fine of Rs. 2423 Crores on four directors of PACL Limited for illegal fund mobilization through various schemes from the public. (Podcast Available https://goo.gl/jRzvHc)

CUSTOMS - CESTAT Hyderabad: Import of Multi-Functional Digital Copies Not Prohibited
Wed, 15 Jan 2020 11:18:32 IST

Customs Excise and Service Tax Appellate Tribunal- Hyderabad has held that the importing of Multifunctional digital copies is not prohibited and therefore, cannot be confiscated or penalized under Section 111(d) of the Customs Act, 1962. (Podcast Available https://goo.gl/jRzvHc)

EXCISE - CESTAT Mumbai: Clearances to Special Economic Zones Developers is Export
Wed, 15 Jan 2020 11:18:13 IST

Customs Excise & Service Tax Appellate Tribunal- Mumbai has ruled that the clearances made by the Appellant without payment of duty to Special Economic Zones Developers are considered as export and would not require reversing 10% of the value of such clearances to Special Economic Zones Developers. (Podcast Available https://goo.gl/jRzvHc)

SERVICE TAX - CESTAT Chennai: CA's Certificate Certifying Tax Burden can be Considered as Evidence
Wed, 15 Jan 2020 11:17:52 IST

Customs Excise and Service Tax Appellate Tribunal, Chennai has ruled that the Chartered Accountant's Certificate that categorically certifies that the tax burden has not been passed on to another can be considered as evidence to establish a fact. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court Dismisses Curative Pleas of Two Death Row Convicts
Tue, 14 Jan 2020 15:30:07 IST

Supreme Court has dismissed the curative petitions of Vinay Sharma and Mukesh, two of the four convicts awaiting execution of death penalty in the Nirbhaya gang rape-murder case. The Court has given reasons that there was no merit in the curative petitions. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi HC Directs Police to Look Into Plea for Opening Road Stretch Closed Due to Anti-CAA Protests
Tue, 14 Jan 2020 15:29:50 IST

Delhi High Court has disposed off a Public Interest Litigation seeking reopening of the Kalindi Kunj - Shaheen Bagh stretch which is currently closed due to the ongoing Anti-Citizenship Amendment Act, 2019 protests. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Karnataka HC: Service Providers are Dutybound to Provide Information Whenever Required by Police
Tue, 14 Jan 2020 15:29:31 IST

Karnataka High Court has quashed criminal case registered against Sunil Bharti Mittal, Chairman of Bharti Airtel Limited, Gopal Vital, Managing Director, Rohit Malhothra, Chief Executive Officer and Stanley Agnelo, Nodal officer of the Company, of charges under Sections, 406, 504, 506(B) of Indian Penal Code, 1860 and under Section 72, 72A AND 66A of Information Technology Act, 2000. (Podcast Available https://goo.gl/jRzvHc)

COMPANY - Supreme Court Allows Enforcement Directorate to Attach Assets of JP Morgan
Tue, 14 Jan 2020 12:32:09 IST

Supreme Court has allowed the Enforcement Directorate to proceed against the firm, JP Morgan and attach its properties for taking away Rs. 140 Crore of Amrapali homebuyers' money through alleged transactions in violation of Foreign Exchange Management Act, 1999 and Companies Act, 2013. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Apex Court Says it Will Decide Larger Issue of Women's Entry Into Religious Places
Tue, 14 Jan 2020 12:31:54 IST

Apex Court has said that it would only examine the larger issue of faith based customs violating the fundamental rights of women and lay down guidelines for judicial scrutiny of Petitions raising issues relating to clash of faith with fundamental rights. The Court would not pronounce on Petitions seeking a Review of the Supreme Court's Order overturning Sabarimala Shrine's Tradition. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court Allows Nusli Wadia to Withdraw Criminal Defamation Case Against Tata
Tue, 14 Jan 2020 12:31:37 IST

Supreme Court has allowed Nusli Wadia to withdraw criminal defamation suit against Tata group executives and board members after Ratan Tata said that he had no intention of defaming the businessman. (Podcast Available https://goo.gl/jRzvHc)

COMPANY - SC Stays High Court Judgment Quashing Letters Rogatory Seeking Information Against Adani Group
Tue, 14 Jan 2020 12:31:17 IST

Supreme Court has issued an interim stay on the Bombay High Court Judgment which quashed the Letters Rogatory issued by the Directorate of Revenue Intelligence to tax authorities in Singapore, United Arab Emirates, Hong Kong, and British Virgin Islands in order to seek information on the transactions concerning purchase and sale of Indonesian coal by subsidiary of Adani Enterprises Ltd and Adani Power Ltd companies of Adani group. (Podcast Available https://goo.gl/jRzvHc)

TENANCY - Supreme Court: Sub-Letting Part of Tenanted Premises Gives Landlord Right Eviction from Whole Premise
Tue, 14 Jan 2020 12:31:00 IST

Supreme Court has interpreted the provisions of Kerala Buildings (Lease and Rent Control), Act, 1965 and observed that the sub-letting of any part of the tenanted premises gives the landlord the right to eviction from the whole premises. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - SC Issues Notice to ED on Karti's Plea For Return of Rs 20 Crores Deposited with Court
Tue, 14 Jan 2020 12:30:40 IST

Supreme Court has issued notice to the Enforcement Directorate on Karti Chidambaram's plea seeking return of his deposit of Rs 20 crore, which was deposited with the top court's Registry as security for traveling abroad. (Podcast Available https://goo.gl/jRzvHc)

CONSTITUTION - SC Issues Notice to Union Government on Petitions Challenging Constitutionality of IBC Ordinance
Tue, 14 Jan 2020 12:30:21 IST

Supreme Court has issued a notice to the Union Government on Petitions Challenging Constitutional Validity of Insolvency and Bankruptcy Code (Amendment) Ordinance, 2019. (Podcast Available https://goo.gl/jRzvHc)

LABOUR AND INDUSTRIAL - Delhi High Court Declines to Stay Aam Aadmi Party Government's Minimum Wage Notification
Tue, 14 Jan 2020 12:30:05 IST

Delhi High Court has declined to stay the Aam Aadmi Party Government's decision to enhance the minimum wages to be paid to workers in the city. The Court dismissed an Application by the Apex Chamber of Commerce and Industry of Delhi. (Podcast Available https://goo.gl/jRzvHc)

DIRECT TAXATION - Karnataka High Court Upholds Tax on Captive Electricity Usage
Tue, 14 Jan 2020 12:29:49 IST

Karnataka High Court has upheld the validity of the levy of tax on electricity captively generated. The Court has discussed that the incidence of tax in accordance with Section 4(3) of the Karnataka Electricity (Taxation and Consumption) Act, 1959 is on consumption. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Bombay High Court Grants Bail to 25 Year Old Man Accused of Raping Minor Girl
Tue, 14 Jan 2020 12:29:32 IST

Bombay High Court has granted bail to Anirudha Yadav, a 25-year-old man accused of raping a minor girl, in a case under Protection of Children from Sexual Offences Act, 2012. The Court has observed that the conduct of the victim indicated the she had left home to go with the accused by her own will and that she had 'surrendered to the physical desires of the accused out of her love and affection for him'. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Kerala HC: No Absolute Privilege for Statements Made on Oath or Otherwise in Judicial Proceedings
Tue, 14 Jan 2020 12:28:44 IST

Kerala High Court has reiterated that if a party to a judicial proceeding is prosecuted for the criminal offence of defamation in respect of a statement made in such judicial proceeding either on oath or otherwise, his criminal liability must be determined by reference to the provisions of Section 499 of the Indian Penal Code, 1860. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi HC Directs JNU to Make Sure No Seats in M.Phil and Ph.D Programmes Are Left Vacant
Tue, 14 Jan 2020 12:28:27 IST

Delhi High Court has directed Jawaharlal Nehru University to ensure that the vacant seats in M.Phil and Ph.D are filled up immediately. (Podcast Available https://goo.gl/jRzvHc)

LABOUR AND INDUSTRIAL - Himachal Pradesh High Court: Denial of Salary A 'Continuing Wrong'; Not Barred By Limitation
Tue, 14 Jan 2020 12:27:57 IST

Himachal Pradesh High Court has observed that the issues pertaining to payment of salary, allowance, etc. are not barred by limitation due to their recurring nature. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - SEBI Extends Deadline to Split Chairman and Managing Director/ Chief Executive Officer Post
Tue, 14 Jan 2020 12:27:40 IST

Securities and Exchange Board of India has extended the deadline by two years to April 1, 2022 for the top 500 listed firms to separate the roles of Chairman and Managing Director/ Chief Executive Officer. (Podcast Available https://goo.gl/jRzvHc)

MRTP/COMPETITION LAWS - Competition Commission of India Orders Probe into Amazon and Flipkart for Abuse of Competition Law
Tue, 14 Jan 2020 12:27:21 IST

Competition Commission of India has ordered a probe into the alleged Competition Law violations by Amazon and Flipkart over allegations that the e- commerce majors had promoted and given discounts to "preferred" sellers, had entered into exclusive partnerships with Smartphone brands and had abused their dominant position. (Podcast Available https://goo.gl/jRzvHc)

COMPANY - NCLAT Seeks Clarity from Government and Agencies on JSW Steel Ltd Immunity
Tue, 14 Jan 2020 12:27:01 IST

National Company Law Appellate Tribunal has directed the Enforcement Directorate and other investigative agencies to clarify whether JSW Steel Ltd would have immunity for offences committed by the previous management under the December Ordinance. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAAR: Head Office Adopting Value for Supply to Other Branches Outside State Eligible for ITC
Tue, 14 Jan 2020 12:26:42 IST

Appellate Authority for Advance Ruling,Tamil Nadu has held that the Head office adopting the value for supply to other branches is eligible for Input Tax Credit as provided under Proviso 2 to Rule 28 of the Central Goods and Services Tax Rules, 2017 and Tamil Nadu Goods and Service Tax Rules, 2017. (Podcast Available https://goo.gl/jRzvHc)

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