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Officers Of DGGI Are ‘Central Excise Officers’: Can Issue Show Cause Notices And Adjudicate Service Tax Demand: Madras High Court

According to the Madras High Court, as the Central Board of Excise and Customs has given DGGI officials the authority of Central Excise Officers, they are considered "Central Excise Officers" for the purposes of Rule 3 of the Service Tax Rules, 1994. (CBEC).  When deciding on a number of writ petitions, ..

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Declaration Of Law By Court Will Have Retrospective Effect If Not Otherwise Stated Specifically : Supreme Court

The Supreme Court reaffirmed that, if not expressly stated otherwise, a  court's declaration of law will take effect retroactively.  In upholding the Jammu & Kashmir and Ladakh High Court's ruling that Munsiffs appointed through direct recruitment on the advice of the State Public Service Commissi..

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National Anti-Profiteering Authority:Composition, Functions, Powers And Constitutional Validity

Key Takeaways Section 171 of the Central Goods and Services Tax Act, 2017 established The National Anti-Profiteering Authority. The objective of the authority is to guarantee that all stakeholders benefit equally from GST and to boost consumer trust. li style="text-align..

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Kerala High Court Dismisses Plea Alleging Corruption In Judiciary To Secure Post Retirement Jobs

In Abdul Jaleel v. Cabinet Principal Secretary & Ors, the Kerala High Court dismissed a petition seeking the establishment of a Division Bench of the Apex Court in all the High Courts in the country to adjudicate upon cases of the poor and the marginalized. A Division Bench comprising of Chief Justice S. Manikumar ..

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Relevance Of Forensic Science In Criminal And Civil Proceedings

Key Takeaways Forensic science is the use of science in the examination of criminal and civil laws, as guided by legal criteria of acceptable evidence and criminal process. Forensic evidence analysis is utilized in the investigation and prosecution of civil and criminal cases./..

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Absence Of Threat To Applicant No Ground To Refuse Firearm License Under Arms Act: Gujarat High Court

The Gujarat High Court has ruled that a licence to possess a firearm under the Arms Act cannot be cancelled for reasons that are unrelated to the Act's provisions and have no bearing on the decision.  The Bench of Justice AS Supehia also stated that the authority could not have withdrawn the Applicant's li..

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Arbitral Award Vitiated By Serious Fraud And Criminal Conspiracy Can Be Set Aside In A Writ Petition: Chhattisgarh High Court

The existence of an alternative remedy under Section 34 of the A&C Act is not a barrier to the maintainability of a Writ Petition to set aside an arbitral award that has been tainted by fraud and criminal conspiracy, according to the High Court of Chhattisgarh.  A clear reading of Section 34 of the A&C Act..

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The Competition Commission Of India: An Analysis

Key Takeaways The Competition Commission of India (CCI) is a statutory body of the Government of India responsible for enforcing the Competition Act, 2002. The Commission consists of one Chairperson and six Members who shall be appointed by the Central Government. li sty..

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Aircraft Act 1934: History, Purpose, Objectives and Case Laws

Key Takeaways Indian Airships Act of 1911 was country’s first legislation in the aviation sector. The Aircraft Act of 1934 replaced the Airships Act and became the primary piece of legislation in the aviation sector. The Aircraft Ame..

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Presidential Election : Supreme Court Refuses To Interfere With Rejection Of Candidate's Nomination

On Wednesday, the Supreme Court declined to hear Dr. Mandati Thirupathi Reddy's appeal after the returning officer for the Lok Sabha, Parliament House rejected her request to be considered for the upcoming election for President of India.  The petitioner's nomination paper did not meet the standards outlin..

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Violation Of S.279, 281 CrPC Does Not Render The Prosecution Invalid: Kerala High Court

In K.B. Rasheed v. State of Kerala, the Kerala High Court held that the prosecution should not violate the provisions laid down u/s 279 and 281 CrPC which talks about interpretation of evidence against the accused in the language which they understand. The Court also observed that non-compliance with sections 279 or 28..

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MP High Court Sets Aside Order Holding A Judge Accused Of Misconduct

In KC Rajvani v. State of MP Law and Legislative Affairs & Anr, the Madhya Pradesh High Court set aside the order of the Disciplinary Authority against a former Judge accused of misconduct.  Furthermore, the order of his compulsory early retirement was also set aside.  li style="text-align: justif..

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Supreme Court Imposes Cost Of Rs 5 Lakhs On A Litigant Accused Of Abusing The Procedure Of Law

In Charu Kishor Mehta v. Prakash Patel & Ors, the Apex Court recently observed that the Indian judicial system is highly afflicted with frivolous and false litigation and how a new category of litigants is emerging who are more interested in filing a case without a care for the truth. The Hon'ble Court upheld t..

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Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration

A Parbhani man accused of swearing allegiance to the outlawed terrorist group Islamic State and charged under the Unlawful Activities (Prevention) Act has been granted bail by the Bombay High Court.  Mohammad Raisuddin was granted bail by a division bench of Justices Revati Mohite Dere and VG Bisht, who noted that..

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Handcuffing Of Accused Should Be Done Only Under Extreme Circumstances: Karnataka High Court

In Suprit Ishwar Divate v. State of Karnataka, the Karnataka High Court held that an accused arrested for a crime cannot be handcuffed under normal circumstances.  The Court further held that under only extreme circumstances which involve the possibility of an accused escaping custody or causing harm to himself or..

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