Case Briefs

CESTAT
Case BriefsTribunals/Commissions/Regulatory Bodies

The Tribunal noted that Rule 4A (1)(i) of Service Tax Rules, 1994 requires disclosure of service tax payable on the value of service provided, thus, it cannot include exempted services. Moreover, a proviso inserted to the Rule by an amendment cannot enlarge the scope of the provision, at best it is only clarificatory.

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Tripura High Court
Case BriefsHigh Courts

The Court opined that materials available on records do not suggest that there are reasonable grounds to believe that respondent is not guilty of committing the offences under Sections 20(b)(ii)(C), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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Bombay High Court
Case BriefsHigh Courts

The Court opined that had the plaintiff disclosed the facts, about the knowledge of the date of usage of the logo, then the ad interim relief without notice would not have been granted to the plaintiff. Even otherwise, the Court opined that the plaintiff had suppressed the material facts.

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Himachal Pradesh High Court
Case BriefsHigh Courts

The Speaker is an officer of the State Legislative Assembly, who presides and represents the House for all intents and purposes. Allegations of mala fide and arbitrary action, made against him cannot be accepted considering the high status of the office in a parliamentary system of democracy.

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Bombay High Court
Case BriefsHigh Courts

“If the plaintiff is found to have indulged in deception or falsity by use of clever drafting, only to create an illusion of urgent interim belief, the Court would insist upon compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015.”

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Patna High Court
Case BriefsHigh Courts

The Court noted that after the collection of data for Caste survey, there was a frog leap into the amendment enhancing the reservations beyond 50%, which was on proportionate representation in the services of the State and educational institutions, which was clearly not permissible under Articles 15(4) and 16(4).

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Bombay High Court
Case BriefsHigh Courts

The Court reiterated that “investigation is the exclusive privilege and prerogative of the police which cannot be interfered with. But if the police does not perform its statutory duty in accordance with law or is remiss in the performance of its duty, the court cannot abdicate its duties on the precocious plea that investigation is the exclusive prerogative of the police.”

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EIA Surrey County Council crude oil extraction at Horse Hill
Case BriefsForeign Courts

The Court by a ratio of 3:2 held that the eventual occurrence of emissions when the oil produced from the site is burnt as fuel, was well within the scope of EIA required under Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and EIA Directive 2011/92 EU of the European Parliament.

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Orissa High Court
Case BriefsHigh Courts

“It is settled law that a recruiting agency for recruitment to a public post is under obligation to strictly follow the terms of advertisement if it lays down a procedure for selection as well as a statutory rules, if any, governing such recruitment/selection process.”

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Allahabad High Court
Case BriefsHigh Courts

“Though the charge sheet is filed after due investigation without prior permission of the Court and that the Magistrate has accepted the charge sheet and taken the cognizance, it does not mean that permission is granted by the Magistrate to investigate such non-cognizable offence.”

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Delhi High Court
Case BriefsHigh Courts

“The case of the prosecution is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accepting bribe money for extending favours inmates contrary to the Delhi Prisons Rules.”

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