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Adjudicating Authority Must Record Prima Facie Satisfaction on Assessee's Wrongful Input Tax Credit Claim Under Section 74 of GST Act: Allahabad High Court
In a significant ruling, the Allahabad High Court emphasized the necessity for the adjudicating authority to establish prima facie satisfaction before initiating proceedings under Section 74 of the Goods and Service Tax Act, 2017. This decision stems from the case of HCL Infotech Ltd. v. Commissioner, Commercial Tax…
In a Morally Civilized Society, Where Will Spouses Satisfy Their Sexual Urges If Not With Each Other: Allahabad High Court
In a significant judgment under the Dowry Prohibition Act, the Supreme Court has reiterated its stance on the misuse of laws in matrimonial disputes, particularly regarding Section 498A of the Indian Penal Code. The court emphasized the need for specific allegations rather than vague and general claims against family…
Man Tilting His Neck Towards a Woman While Listening to Music and Riding a Bike Does Not Constitute 'Stalking': Bombay High Court
In a significant ruling on Friday, the Bombay High Court addressed the nuances of stalking and negligent driving in the case involving Rakesh Shukla. The court held that grooving his neck while riding a motorcycle and listening to loud music does not amount to stalking under Section 354-D of the Indian Penal Code…
Court Refrains from Making Adverse Remarks Against 'Young' Magistrate, Orders Inquiry Against His Staff for Uploading Two Unsigned Order Drafts: Allahabad High Court
In a noteworthy decision, the Allahabad High Court has intervened in two applications filed by Parul Agarwal against the State of U.P. and others regarding defamation allegations. The applications arise from complaints initiated by a husband and wife against Agarwal, relating to a news article that allegedly defamed…
Violations of the Contract Labour Act by Contractor Do Not Automatically Confer Employment Rights: Guwahati High Court
In a significant ruling, the Guwahati High Court has upheld the decision of the Central Government Industrial Tribunal, which dismissed the claims of six contract labourers seeking reinstatement and regularization with Oil and Natural Gas Corporation (ONGC). The case emphasizes the complexities surrounding contract…
Court Grants Bail to Nine Detained for Allegedly Raising 'Anti-Establishment' Slogans at Durga Puja Pandal: Calcutta High Court
In a significant ruling, the Calcutta High Court has granted bail to nine youths arrested for raising anti-establishment slogans outside a Durga Puja pandal in Kolkata’s Rabindra Sarovar area. The decision, delivered by Justice Shampa Sarkar, emphasizes the importance of freedom of expression and the right to peaceful…
When Can Official Superiors Be Held Liable for Abetment of an Employee's Suicide? Supreme Court Clarifies
In a pivotal ruling, the Supreme Court of India addressed the complexities surrounding the liability of official superiors in cases of abetment to suicide under Section 306 of the Indian Penal Code. The bench, comprising Justices JB Pardiwala and Manoj Misra, emphasized the need for clear distinctions in circumstances…
Article 227 Cannot Be Invoked When Interrogatories & Discoveries Permitted by Tribunal Are Not in the Nature of a Fishing Inquiry: Delhi High Court
In a significant judgment, the Delhi High Court has ruled that the scope of review under Article 227 of the Constitution is quite limited and cannot be invoked merely to challenge interrogatories and discovery requests that are relevant to the dispute at hand. The court addressed these issues while deliberating on two…
Annual Performance Appraisal Report Shaping Career Progression Must Be Impartially Written by Superior Officers: Delhi High Court
In a pivotal ruling, the Delhi High Court has emphasized the importance of maintaining objectivity, impartiality, and fairness in Annual Performance Appraisal Reports (APARs) within the service sector. This decision emerged from a case involving an officer of the Indo-Tibetan Border Police (ITBP) who claimed that his…
Physical Contact During Resistance Does Not Constitute 'Unwelcome, Explicit Sexual Overture', FIR Against Teacher Quashed Under Sections 354, 354A(1) IPC: Kerala High Court
In a significant ruling, the Kerala High Court has quashed an FIR filed against Dr. P K Baby, a member of the Syndicate Board of Cochin University of Science and Technology (CUSAT), who faced allegations of sexual harassment and outraging modesty under IPC Section 354 and IPC Section 354A(1). This judgment highlights…
