Case Briefs Archives | Page 286 of 914

Supply of goods to overseas customer is treated neither as ‘supply of goods’ nor as ‘supply of services’: Karnataka AAR

Karnataka AAR said that there were two transactions involving the applicant. The first transaction is of supply of goods by the manufacturer to the applicant and the second transaction is of supply of the same goods by the applicant to an overseas customer.

Non-compliance of section 50 of NDPS Act

Case Briefs Supreme Court

Supreme Court issues notice to Intelligence Officer for non-compliance of Section 50 of the NDPS Act

The petitioner relied upon S.K. Raju v. State of West Bengal, (2018) 9 SCC 708 which had observed that wherever the search of a person takes place, the requirement of mandatory compliance of Section 50 of NDPS was attracted, irrespective of whether the contraband was recovered from the body of the person or not.

Case Briefs High Courts

New owners not liable for past dues and entitled to new connections despite refusal to pay, if nexus is not proved: Calcutta High Court

Calcutta High Court observed that no sum due will be recoverable from any consumer after a period of two years from the date when such sum first became due unless such sum was shown continuously recoverable as arrears of charges of electricity supply.

Advance Rulings Case Briefs

18 percent GST rate applicable on sale of independent running business divisions: Karnataka AAR

Karnataka AAR said that transfer of ‘staffing business’, in sale of independent running business division, amounts to “supply of services” and not “supply of goods” under Sections 2(52) and 2(102) of CGST Act.

Case Briefs Supreme Court

‘Denying security clearance to a Media Channel for critical views has ‘chilling effect’ on Press Freedom’: Breakdown of Supreme Court’s Media One Verdict

The Supreme Court held that the critical views of the Media One News Channel on Government policies cannot be termed ‘anti-establishment’ as the use of such a terminology in itself, represents an expectation that the press must support the establishment.

Case Briefs High Courts

Delhi High Court | CPIO, PIO, CIC cannot assess the impact of disclosure of confidential information in anti-dumping proceedings; No inconsistency between RTI Act and Anti-Dumping Rules

The concept of exporting goods into the international market at lower prices came to be known as ‘Dumping’. The General Agreement on Tariffs and Trade (GATT) recognises the right of countries to bring in anti-dumping frameworks to deal with issues relating to dumping.

Case Briefs High Courts

‘No prohibited animal or any meat of progeny of cow has been recovered’; Allahabad HC grants anticipatory bail to accused in Cow Slaughter case

Allahabad High Court said that keeping cows and calf as pet animals is a common practice in the villages irrespective of caste, creed and religion

Case Briefs High Courts

‘Ugly haste has been shown by the Trial Court’; Patna High Court orders fresh trial in POCSO case which concluded in one working day

The Patna High Court held that the trial in the POCSO case was vitiated as it was commenced, conducted, and concluded in just one working day, in violation of principles of natural justice and in disregard to the provisions of CrPC. Thus, the matter was remanded to the Trial Court for fresh trial.

Case Briefs High Courts

Jharkhand High Court quashes order by jail authorities of blacklisting food supplier for 5 years

The Jharkhand High Court said that a show cause notice specifying grounds for the proposed action is mandatory in order to enable the other party to answer the case before passing blacklisting orders.

Case Briefs Supreme Court

‘Sealed Covers violate natural and open justice’: The Why-What-How of ‘Public Interest Immunity proceedings’, the ‘fairer’ alternative suggested by Supreme Court

Observing that the sealed cover procedure violates both principles of natural justice and open justice, the Supreme Court has held that the public interest immunity proceeding is a less restrictive means to deal with non-disclosure on the grounds of public interest and confidentiality.

Case Briefs High Courts

Madras HC directs State to pay Rs. 2 Lakh compensation to woman falsely accused of immoral trafficking

Madras High Court held that the right of privacy and reputation of the petitioner have been sullied by the act of the police officials for which the State is certainly responsible.

Case Briefs High Courts

Madras High Court directs State to constitute District Medical Board for issuing medical certificates for undergoing surrogacy

While the constitutionality of the Surrogacy (Regulation) Act, 2021 is pending consideration before the Supreme Court, Madras High Court noted that even those who are eligible under the Act are not able to have their treatment procedures done because the authorities concerned are unaware of the procedures to be followed.

Case Briefs Supreme Court

Imported LCD panels classifiable under chapter 90, entry 9013.8010 of Customs Tariff Act: SC

“It is necessary to refer to ‘general rules of interpretation’ of first schedule of Customs Tariff Act, 1975 for the purpose of relevant classification of the goods under CTA.

Case Briefs Supreme Court

‘Candidates cannot taint Selection Process with mala fides on being unsuccessful’; Supreme Court sets aside J&K HC verdict quashing appointment of 64 Drug Inspectors

The Supreme Court observed that having participated in the selection process without any demur or protest, the writ petitioners cannot challenge the same as being tainted with mala fides, merely because they were unsuccessful.

Case Briefs High Courts

Delhi High Court expresses concern over conversion of public places of worship into residence by Priests and Imams

The Delhi High Court took note of the fact that Article 25 of the Constitution of India does not bestow such a right.

Case Briefs High Courts

‘Husband has moral and legal liability to maintain wife, even if he is a professional bagger’: Punjab and Haryana High Court

Keeping regard with the trend of rising prices and the basic needs getting costlier, the Punjab and Haryana High Court said that maintenance awarded by the Trial Court could not be said to be on a higher side.

Case Briefs Supreme Court

Non-impleading of all legal representatives won’t abate the suit if the estate of the deceased is substantially represented by other defendants

Placing its reliance on Bhurey Khan v Yaseen Khan 1995 Supp (3) SCC 331, the Bench stated that the suit will not abate for the reason of non-substitution of all legal representatives of the deceased if the suit was substantially represented.

Case Briefs Supreme Court

Noida’s Grand Venice Mall not a tourist destination; not entitled to freehold rights and tax exemption: Supreme Court

The Supreme Court rejected petitioner company’s claim based on a policy of 2013 amended in 2016 for subject land whose completion certificate was already issued in 2015 since it turns out to be hollow due to its non-applicability on the subject land or the petitioner’s project.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Google LLC for its mark “GOOGLE” and awards Rs. 10 lakhs as damages in a trade mark infringement case

The Delhi High Court granted permanent injunction in favour of Google LLC for its mark “GOOGLE” and awarded Rs. 10 lakhs as damages to Google LLC which was to be paid jointly and severally by the defendants.

Case Briefs Supreme Court

Courts cannot prescribe qualification or declare equivalency of a course, unless the rule itself prescribes equivalency; Supreme Court reiterates

Supreme Court said that the denial of promotion was on the ground that candidates do not possess the prescribed requisite qualification namely “Diploma in Civil Engineering”, and not because they possess a two-year diploma not three-year diploma.