13 December 2021


News

SC: Duty on Insurer to Indemnify If Insured Suffers Sudden Sickness or Ailment - 10.12.2021

Supreme Court has observed that if the insured suffers a sudden sickness or ailment which is not expressly excluded under the policy, a duty is cast on the insurer to indemnify the insured for the expenses incurred there under.

Tags : Supreme Court Sudden Sickness or Ailment

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Karnataka High Court Issues Notice on Plea Challenging Constitutionality of Sections 99 & 100 of IBC - 10.12.2021

Karnataka High Court has issued notice to the Union of India and two others on a petition seeking to declare section 99 and 100 of the Insolvency and Bankruptcy Code, 2016 (IBC) as unconstitutional and being violative of Article 14.

Tags : Karnataka High Court Constitutionality of Sections 99 & 100 of IBC

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SC: Only Consumer Has Right to Make Representation Before Electricity Ombudsman - 10.12.2021

Supreme Court has observed that only Consumers and not Distribution Licensee have a right to make representation before the Electricity Ombudsman in a civil appeal against the judgement passed by the Allahabad High Court.

Tags : Supreme Court Right to Make Representation Before Electricity Ombudsman

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SC: Consumer Case Not Maintainable Over Medical Services Given Free of Charge - 10.12.2021

Supreme Court has reiterated that service rendered by medical officers on behalf of a Hospital, free of cost, would not fall within the ambit of Section 2(1)(o) of the Consumer Protection Act, 1986 only because the medical officers are salaried employees of the Hospital.

Tags : Supreme Court Medical Services Given Free of Charge

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Orissa HC Directs GSTN to Take Steps to Facilitate Filing of TRAN-1 - 10.12.2021

Orissa High Court has directed the Goods and Service Tax Network (GSTN) to either modify the Goods and Service Tax (GST) portal to facilitate filing of TRAN-1 to claim the Input Tax Credit or accept returns manually against the old registration certificate.

Tags : Orissa High Court Facilitate Filing of TRAN-1

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Bombay HC: Sessions Court Cannot Stay Own Bail Order Under CrPC - 09.12.2021

Bombay High Court has held that a sessions court cannot stay its own order granting bail to an accused under the criminal procedure code, 1973.

Tags : Bombay High Court Stay on Own Order

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Supreme Court Sets Aside Order Disqualifying Manipur MLA's Keshtrimayum Biren Singh - 09.12.2021

Supreme Court has set aside an order of disqualification passed by the Speaker of Manipur Legislative Assembly disqualifying Keshtrimayum Biren Singh, Yengkhom Surchandra Singh and Sanasam Biren Singh from the term of the 11th Legislative Assembly of Manipur.

Tags : Supreme Court Manipur MLA's Keshtrimayum Biren Singh

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ITAT Allows Deduction on Expense of Education Cess in Relief to PC Jewellers - 09.12.2021

Income Tax Appellate Tribunal (ITAT) has granted the deduction on Expense of Education Cess as it does not fall under capital expense, personal expenditure, in a relief to PC Jewellers.

Tags : Income Tax Appellate Tribunal Relief to PC Jewellers

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ITAT, Delhi: Addition Cannot be Made on Evidence of Third Party - 09.12.2021

Income Tax Appellate Tribunal (ITAT), Delhi has held that the Addition cannot be made on evidence of third party without granting the cross-examination to the assessee.

Tags : Income Tax Appellate Tribunal Addition on Evidence of Third Party

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Allahabad HC: Judicial Officer Cannot Apply or Compete for Appointment of District Judge - 08.12.2021

Allahabad High Court has held that under Article 233 of the Constitution of India, 1949, a Judicial Officer, regardless of his or her previous experience, as an Advocate with 7 years practice, cannot apply and compete for appointment to any vacancy in the post of District Judge. The Court has clarified that his or her chance to occupy the post would be through promotion in accordance with the Rules framed under Article 233 and Proviso to Article 309 of the Constitution of India.

Tags : Allahabad High Court Judicial Officer

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Kerala HC: Where Dispute Not Adjudicated Upon by Authority, Dispute Becomes Arbitrable - 08.12.2021

Kerala High Court has ruled that if a dispute is to be adjudicated upon by an authority other than the Arbitrator as per the agreement between the parties, but Authority fails to/ refuses to take a decision, then such dispute would become arbitrable.

Tags : Kerala High Court Arbitrability of Dispute

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Supreme Court Issues Notice on Plea Challenging 18% GST on Mining Operations - 08.12.2021

Supreme Court has issued notice on two writ petitions challenging the October 6 circular through which the government of India has clarified that Goods and Services Tax is applicable on services by way of grant of mineral exploration and mining rights at the rate of 18%.

Tags : Supreme Court 18% GST on Mining Operations

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Bombay HC: Refund Application Filed Manually Not to be Filed in FORM GST RFD 01 on GST Portal - 08.12.2021

Bombay High Court held that the refund application filed Manually not supposed to be filed in FORM GST RFD 01 on GST portal.

Tags : Bombay High Court FORM GST RFD 01 on GST Portal

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Madras HC Grants Interim Relief to Employees' Union for Retention of Accommodation - 07.12.2021

Madras High Court has granted interim relief and restrained the Civil Aviation Ministry from evicting the members of the Petitioner Union, namely Air Corporation Employees Union, from their current accommodation provided by Air India. The Court has restrained the authorities from discontinuing the medical benefits and facilities presently extended to the members and their families under the Contributory Family Medical Scheme.

Tags : Madras High Court Retention of Accommodation

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Supreme Court Upholds RBI Regulations for Export Ban on PPE Kits - 07.12.2021

Supreme Court has upheld the measures adopted by the Reserve Bank of India to implement the ban imposed by the Union Government on the export of Personal Protective Equipment(PPE) Kits in view of the COVID-19 pandemic.

Tags : Supreme Court RBI Regulations for Export Ban on PPE Kits

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AAR: Activity of Bus Bodybuilding is Supply of Goods and Services Depending on Principal Supply - 07.12.2021

Authority of Advance Ruling (AAR), Uttar Pradesh has ruled that activity of bus body building is supply of goods and services depending on the principal supply.

Tags : Authority of Advance Ruling Activity of Bus Bodybuilding

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CBDT Reduces Time Limit to Re-open Income Tax Assessments - 07.12.2021

Central Board of Direct Taxes (CBDT) has reduced the Time limit to re-open Income Tax assessment from 6 years to 3 years. The assessment can be reopened up to 10 years, only when there is evidence of concealment of income of more than Rs. 50 Lakhs in a year with approval of e Principal Chief Commissioner of Income Tax.

Tags : Central Board of Direct Taxes Re-open Income Tax Assessments

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Allahabad HC: Lodging of FIR and Pendency of Criminal Case Not Grounds for Cancellation of Licence - 06.12.2021

Allahabad High Court has observed that the lodging of First Information Report, as well as pendency of a criminal case, cannot be a standalone ground for cancellation of license of fair price shop.

Tags : Allahabad High Court Grounds for Cancellation of Licence

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Kerala High Court Issues Notice to Centre on Plea Challenging Constitutionality of S.144B of IT Act - 06.12.2021

Kerala High Court has admitted a batch of writ petitions challenging the constitutional validity of the Faceless Assessment Procedure under Section 144B of the Income Tax Act, 1961. The Courts have issued notice to the Central government in the matter and temporarily stayed all further proceedings pursuant to the assessments made against the petitioners.

Tags : Kerala High Court Constitutionality of S.144B of IT Act

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Delhi Court Grants Bail to Peter Mukherjea in INX Media Money Laundering Case - 06.12.2021

Delhi Court has granted bail to Peter Mukherjea, accused in connection with the INX Media Money Laundering case.

Tags : Delhi Court INX Media Money Laundering Case

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SC Issues Notice to State of Uttar Pradesh on Applicability of New Policy on Release of Prisoners - 06.12.2021

Supreme Court has issued notice to the State of Uttar Pradesh on the issue whether the cases of those prisoners serving life-sentence which were required to be considered for premature release during the term of the earlier policy of August 1, 2018 but were not considered would yet be governed only by the new policy of July 28, 2021.

Tags : Supreme Court Applicability of New Policy on Release of Prisoners

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NCLAT: Goods Lying in Customs Bonded Warehouses Can’t be Assets of Corporate Debtor - 06.12.2021

National Company Law Appellate Tribunal (NCLAT), New Delhi has held that goods lying in the Customs bonded warehouses cannot be considered assets of the Corporate Debtor.

Tags : National Company Law Appellate Tribunal Goods Lying in Customs Bonded Warehouses

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