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Recommendations Of The GST Council Not Binding On Centre And States, Both Parliament And State Legislatures Can Legislate: SC

In Union of India and anr vs M/s Mohit Minerals through Director the Apex Court has observed that the recommendations of the GST Council are not binding on the Centre and the States, but only has a persuasive value. It was also observed that both the Union as well as the State Legislatures have the power to legislate in the matters of Goods and Services Tax...

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Yasin Malik, Kashmir Separatist Convicted In J&K Terror Funding Case After Pleading Guilty

A Special NIA Court in Delhi, in NIA vs Hafiz Mohammad Saeed and ors has convicted Kashmiri Separatist Yasin Malik in J&K terror funding case, after his pleading guilty to the same on 10th May, the arguments on quantum of the sentence would be heard on 25th May.  Others who were charged and have claimed to be ..

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Criminal Proceeding Cannot Be Quashed U/S 482 On The Ground That No Useful Purpose Will Be Served: SC

In the recent case, Satish Kumar Jatav vs the State of UP, the Hon’ble SC observed that it was cryptic and unreasoned to quash a criminal proceeding merely because no useful purpose would be served to prolong the proceedings when a clear case was made out for the offense. The accused had to face trial for offenses..

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Default In The Payment Of Rent Cannot Justify Passing Of An Order Striking Off The Defence Of The Defaulting Tenant: Delhi HC

In the recent case, RASHI MISRA v. B KALYANA RAMAN, the Hon’ble Delhi HC observed that an order for striking off the petitioners’ defense under Order XVA (1) is statutorily subject to Order XVA(2) that is read in conjunction, mere default in payment of rent as directed by the Court under Order XVA(1) cannot, ipso facto, justify the passing of an ..

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Bail Granted To Indrani Mukerjea In Sheena Bora Murder Case

The Hon’ble SC on Wednesday, in the case of Indrani Pratim Mukerjea vs CBI and anr. has granted bail to Indrani Mukerjea, accused of murdering her daughter Sheena Bora, while taking into consideration the fact that she had been behind bars for 6.5 years. The Court also took note of the fact that it was highly unlikely that the trial would end any time ..

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Top News Headlines 18th May 2022: Gyanvapi Mosque Case: Protect Area Where Shivalinga Found, No Restrictions On Muslims’ Rights To Pray

Gyanvapi Mosque Case: Protect Area Where Shivalinga Found, No Restrictions On Muslims’ Rights To Pray: SC In Committee Of Management Anjuman Intezamia Masajid Varanasi vs Rakhi Singh and ors. the Hon’ble Apex Court has held that the order passed by the Civil Judge Senior Division at Varanasi where a shival..

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Commission Paid To Relatives Of Directors Who Did Not Render Service In Business Of Assessee Liable To Be Taxed: Orissa HC

In the recent case, the Hon’ble Orissa HC quashed an appeal by the assessee against the order passed by the Income Tax Appellant Tribunal (ITAI), Cuttack Bench for the Assessment Year (AY) 2010-11. The Court favored the Assessing Officer’s (AO) decision to partly allow the commission expenses and disallow a..

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Lapse Or Omission To Carry Out DNA Profiling Can't Decide The Fate Of Trial In Rape Case: SC

In the recent case, Veerendra vs State of Madhya Pradesh, the Hon’ble Supreme Court has remarked that lapse or omission to carry out DNA profiling, by itself, doesn’t decide the fate of the case.  In the appeal filed before the Court, one of the contentions from the accused side was that no DNA test was conduct..

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Gyanvapi Mosque Case: Protect Area Where Shivalinga Found, No Restrictions On Muslims’ Rights To Pray: SC

In Committee Of Management Anjuman Intezamia Masajid Varanasi vs Rakhi Singh and ors. the Hon’ble Apex Court has held that the order passed by the Civil Judge Senior Division at Varanasi where a shivalinga was claimed to have been found does not restrict the rights of the muslims to offer namaz and observe other religious practices.  li st..

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Top News Headlines 16th May 2022: Kissing, Fondling Not Unnatural Offences: Bombay HC Grants Bail To POCSO Accused

Kissing, Fondling Not Unnatural Offences: Bombay HC Grants Bail To POCSO Accused While granting bail to a man accused of sexually assaulting a 14 year old minor boy, the Bombay HC observed that kissing on the lips and fondling are not unnatural offences and therefore, will not attract the rigours of section 377 of IPC..

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Top News Headlines 14th May 2022: Dying Declaration Of Wife Can Be Used To Prove Husband’s Cruelty Even If He Is Not Convicted Of Her Death

Dying Declaration Of Wife Can Be Used To Prove Husband’s Cruelty Even If He Is Not Convicted Of Her Death: SC In Surendran vs State of Kerala the Hon’ble Apex Court has held that evidence of a deceased wife under section 32 of the Indian Evidence Act with respect to cruelty can be admissible in a trial for..

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Section 5 Limitation Act Not Applicable To Proceedings Under Section 34, Arbitration & Conciliation Act: Rajasthan High Court

The Hon’ble Rajasthan in a recent case, State Of Rajasthan & Anr. v. M/s. Godhara Construction Company has observed that the provisions of Section 5 of the Indian Limitation Act do not apply to the proceedings contained under Section 34 of the Arbitration and Conciliation Act, 1996. The Court remarked that the applica..

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Not Mandatory To Have Both Signature And Thumb Print For A Pro-Note To Be Valid: Madras HC

In the recent case, R Barathbaran (died) and others v. R. Nallathambi, the Hon'ble Madras HC has observed that it is not mandatory to have both signature as well as a thumbprint under the Negotiable Instrument Act, 1881 to determine the validity of a pro note. The Court noted that it was not right to raise suspicio..

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Criminal Proceedings Quashed Against Lawyer For Allegedly Providing False And Improper Legal Advice: Calcutta HC

In the case, Bhaskar Banerjee v Central Bureau of Investigation and ors, the Hon’ble Calcutta HC quashed criminal proceedings against a lawyer for allegedly furnishing false and improper legal advice regarding approval of a bank loan to a company that was then declared a Non-Performing Asset (NPA).   ..

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Petition Maintainable Under Section 420,IPC During The Pendency Of Case Under The Negotiable Instrument Act: Karnataka HC

The Karnataka HC in a recent case, Rashmi Tandon & ors v. The State Of Karnataka, held that petition under Section 420 of the Indian Penal Code would be maintainable, during the pendency of a case under section 138 of the Negotiable Instruments Act.  The petitioner in the instant case challenged the proceeding..

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