April 8, 2022

Delhi High Court has granted interim protection from arrest to Ajay Singh, SpiceJet Promoter in an alleged fraud case with regard to transfer of airline’s shares to some individuals.

Allahabad High Court has ruled that if an authority, conferred with discretionary powers by a statute, avoids or does not take into account relevant considerations to the purpose of the statute in question, then its action would be held invalid.

Madras High Court has observed that it is compulsory for the teachers, who did not possess the minimum qualification of pass in Teacher Eligibility Test prior to Right to Education Act, 2009 to acquire the same within the period of nine years otherwise they would not be entitled to continue their service in the schools/educational institutions.

Karnataka High Court has observed that an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 does not get a right to default bail under Section 167(2) of Code of Criminal Procedure, 1973 merely because the charge sheet filed by the Police after investigation sans Forensic Science Laboratory Division report.

Madhya Pradesh High Court has struck down Rule 4(3)(d)(III) of Madhya Pradesh State Services Examination Rules, 2015 that barred meritorious candidates from reserved categories to secure birth as unreserved candidates during preliminary and main examinations, as unconstitutional.

Manipur High Court has held that Magistrate cannot take cognizance of a complaint which involves an offence punishable under Section 188 of the Indian Penal Code, 1860, if made by a third party and not by the public servant.

Delhi Court has denied bail to Shifa-Ur-Rehman, President of Jamia Millia Islamia Alumni Association in connection with the Delhi riots larger conspiracy case.

Income Tax Appellate Tribunal( ITAT ), New Delhi has observed that received interest on enhanced compensation does not comes under income from other sources under section 56 and not attracts Tax Deduction at Source under section 194A of the income tax act, 1961

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Bangalore has observed that a consignment note is enough to prove transportation for customs house agent.

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that an independent contractor is not liable to pay service tax while conducting the activity of toll collection on behalf of National Highways Authority of India.

Author: Mayur Vinod Faria

This is Advocate Mayur Faria. I hope you found my information useful.