Praveen Goud Vanga, Advocate

02/04/2022

https://livelaw.us19.list-manage.com/track/click?u=fc3be611a44b0fc21df0dbaf3&id=fd93e73c56&e=5dbc4d00d1

The Jammu and Kashmir and Ladakh High Court has observed tha

31/01/2018

Government has notified the hike in salaries of Supreme Court and High Court judges. It increases the salary of CJI from the current Rs. 1 lakh to Rs. 2.80 lakhs per month. It further increases the salary of SC Judges & HC Chief Justices from the current Rs. 90,000 to Rs. 2.50 lakh per month.
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Supreme Court has said that apprehensions of profiling of citizens on the basis of Aadhaar data is a serious issue that needs examination but the court also cannot neglect benefits to the common man by way of middlemen being eliminated and welfare schemes reaching the beneficiaries.
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Supreme Court, while slammed the centre and states for not taking necessary steps for the welfare of widows, has observed that "Nobody is interested about the welfare of widows".
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Supreme Court has observed that in financial matters grant of ex parte interim orders can have a deleterious effect and it is not sufficient to say that the aggrieved has the remedy to move for vacating the interim order.
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Supreme Court has asked the Centre to furnish details of applicants aged between 65 and 70 years, who have applied for four times earlier but have not been able to go for the Haj pilgrimage.
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Supreme Court has directed Odisha to take "coercive action" against miners who failed to comply with the court's orders to reimburse the state for violating environmental laws while extracting iron ore between 2000-2010.
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Orissa High Court has declared the election of Congress MLA from Sundargarh (ST) Assembly constituency Jogesh Chandra Singh as null and void after finding discrepancies in his affidavits submitted during the time of filing his nomination papers.
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Jammu & Kashmir High Court has directed the state government to immediately relocate houseboats to the interior of Dal Lake (Dole Dem).
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Kerala High Court has held that if refund of advance tax is made but re-assessment leads to determination of escapement of income, such a situation justifies the levy of interest under Section 234 of the Income Tax Act 1961.
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Madras High Court has held that inability to pay pre-deposit of 7.5% before the Commissioner (Appeals) cannot be a fit ground for invoking writ jurisdiction under Article 226 of the Constitution of India.
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Delhi Bench of CESTAT has held that the concept of unjust enrichment is applicable for Export of Service under the Finance Act, 1994.
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Ministry of Corporate Affairs has announced that the Form INC-1 for which no incorporation forms were filed before 17th January has been expired. The Government further advised the stakeholders to use either RUN or SPICe Form for the said purpose.

*Team Manupatra*
*31st January, 2018*

15/09/2017

[11/09, 12:22] Manu Alert: GST Council has decided to hike cess on mid-sized cars by 2%, taking the effective GST rate to 45%. Also, cess on large cars has been hiked by 5%, taking the total GST incidence to 48% while that of SUVs by 7% to 50%. The increased GST cess on cars will come into effect from today.
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Goods and Services Tax (GST) registrations for entities mandated to collect and deduct tax at source will start from 18 September. However, the date from which Tax Deducted at Source (TDS) or Tax Collected at Source (TCS) is to be done will be notified later.
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GSTR1, which was to be filed by Sep 10, can be filed till Oct 10 by smaller businesses and large ones by Oct 3. GSTR-2 for July will have to be done by Oct 31, and GSTR-3 by Nov 10. GST Council has also allowed businesses to file Simplified GSTR-3B for four more months till Dec.
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Goods and Services Tax (GST) Council has re-opened the registration window for composition scheme till 30th September.
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GST Council has slashed tax rates for Walnuts, broom, clay idols custard powder, idly-dosa batter, rubber bands, raincoat, dhoop batti, saree fall, corduroy fabric, computer monitors, table and kitchenware, prayer beads. Khadi sold at KVIC outlets and clay idols have been exempted from levy of GST.
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Supreme Court has held that there was no vested right of renewal of lease of shops in Defence Shopping Complexes.
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Supreme Court has expressed doubts whether the slew of petitions pending since 2014, against the formation of Telengana by splitting Andhra Pradesh, are maintainable.
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Supreme Court has accepted the proposal of Oil India Limited (OIL) to extract hydrocarbon beneath 3900-4000 meters of Dibru Saikhowa National Park, Assam, subject to certain conditions, mentioned in the minutes of 44th meeting of Standing Committee of National Board for Wildlife held on July 29.
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Supreme Court, while emphasizing on witness protection programme, has asked Centre and State governments about the steps being taken to ensure that witnesses in sensitive and high-profile cases are not harmed.
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Supreme Court has set aside Bombay High Court judgment wherein the Economic Offences Wing (EoW) was directed to de-freeze accounts of businessman Avinash Bhute of Tajshree Group in connection with the infamous Wasankar Wealth Scam.
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Delhi High Court has abolished all 13 Traffic Courts with effect from today, which have a pendency of over 55,000 cases in the Capital.
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Madras High Court has directed Department of Higher Education and Directorate of Collegiate Education to issue a circular on implementation of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 to all colleges.

*Podcast Available*
https://goo.gl/jRzvHc

*Team Manupatra*
*11th September, 2017*
[12/09, 12:15] Manu Alert: Supreme Court has said that ex-parte decree, once set aside, will cease to exist and cannot be regarded as decree of the court of first instance.
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Supreme Court has cleared the decks for auction of Sahara Group's flagship Aamby Valley project in Maharashtra to raise money that it had asked the company to pay the market regulator.
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Supreme Court has asked Chief Justice of Allahabad High Court to appoint two new observers for disputed land in the Babri Masjid-Ram Mandir case within 10 days.
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Supreme Court has asked Election Commission for its views on a plea seeking to disqualify Bihar Chief Minister Nitish Kumar from the Assembly, allegedly because he had concealed his criminal record while filing an election affidavit.
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Supreme Court has agreed to hear a petition seeking directions for country-wide ban on the deadly online game Blue Whale Challenge after several incidents of young children committing su***de due to the game have come to light.
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U.S. Supreme Court has issued a short-term order restoring President Donald Trump’s ban on thousands of refugees seeking entry to the country. The order puts a Lower Court ruling on hold until the High Court decides whether to grant the administration’s request for a longer-term order.
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Allahabad High Court has barred parallel proceedings in National Company Law Tribunal (NCLT) and the Debt Recovery Tribunal (DRT) in a case between State Bank of India (SBI) and an individual guarantor for Kanpur-based LML that had defaulted on Rs 73 crore in loans.
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Delhi High Court has requested District & Sessions Judges to sensitize Judicial Officers posted under their jurisdiction regarding the maximum period for which an accused can be kept in custody under Prevention of Money Laundering Act, 2002 (PMLA).
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Delhi High Court has issued show cause notice to all candidates in the fray over a PIL showing how the campaign had left Delhi and its public property defaced, some with permanent scars, so to speak.
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Delhi High Court has upheld an order passed by a Single Judge invalidating exclusion of certain categories from the quota set apart for wards of soldiers and defense personnel who suffered in combat, or were disabled during active service.

*Podcast Available*
https://goo.gl/jRzvHc

*Team Manupatra*
*12th September, 2017*
[13/09, 12:23] Manu Alert: Supreme Court, while relaxing the procedure of granting divorce on ground of mutual consent, has said that period mentioned in S. 13-B(2) of Hindu Marriage Act is not mandatory but directory, and "it will be open to Court to exercise its discretion in the facts and circumstances of each case".
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Supreme Court has asked that why should aspiring lawmakers get "immunity" from disclosing their source of income, while hearing a petition that cited instances of lawmakers declaring only a sharp increase in the value of their assets.
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Supreme Court has rejected pleas of medical colleges seeking to fill MBBS seats for this academic session alleging discrepancies in the MCI's scrutiny of their infrastructure and faculty strength.
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Supreme Court has directed Centre to suggest a name to replace former home secretary G K Pillai as the chairperson of a committee to oversee the fencing work on the Indo-Bangladesh border.
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Supreme Court has accepted an unconditional apology of the chairperson of Kerala- based 'Stray Dogs Eradication Group' and closed the contempt proceeding against it for killing of stray dogs, despite a top court order against culling.
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Pakistan's Supreme Court has accepted a plea to form a five-judge bench to hear the review petitions of ousted Prime Minister Nawaz Sharif, his children, son-in-law and Finance Minister Ishaq Dar challenging his disqualification in Panama Papers scandal.
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Madras High Court has stayed Government circular dated August 24, 2017 directing the registering authorities not to register a vehicle to a purchaser who does not hold a valid driving license.
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Madras High Court has ordered Tamil Nadu Curriculum Frameworks committee to incorporate a subject on animal welfare.
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Madras High Court, while taking a serious view of online Blue Whale Challenge game, has directed Centre to ensure that Indian subsidiaries of technology companies and websites compulsorily followed Indian rules and law.
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Delhi High Court has allowed an export company to import certain goods used as inputs in manufacturing products, without paying the additional levy under the new Integrated Goods and Services Tax.
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Delhi High Court has given a go-ahead to Delhi University to declare results for the post of President in Delhi University Students Union (DUSU) election.
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Bombay High Court has held that an admiralty court does not have jurisdiction to arrest cargo on board a ship for an unrelated claim.

*Podcast Available*
https://goo.gl/jRzvHc

*Team Manupatra*
*13th September, 2017*
[14/09, 12:05] Manu Alert: Supreme Court has held that all assets in a Hindu Undivided Family (HUF) would be presumed to be joint property belonging to all its members and a family member has to produce evidence to stake claim over any part even if it is 'self-acquired'.
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Supreme Court has asked realty firm Jaiprakash Associates to pay Rs 50 lakh as an interim relief to 10 homebuyers of its Kalypso Court project along the Noida-Greater Noida Expressway.
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Supreme Court has held that once a person took part in process of selection and was not found fit for appointment, the said person was estopped from challenging process of selection.
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Supreme Court has directed Government that no petition shall be entertained from any medical institution/ college/ society/ trust or any party for grant of Letter Of Permission (LOP) for the academic session 2017-2018.
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Supreme Court has issued a contempt notice to Assam Public Works (APW) President Aabhijeet Sarmah, rapping him for “disclosing information” regarding National Register of Citizens (NRC) update process during a recently held press conference.
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Delhi High Court, appalled at the violation of laws and safety measures by the restaurants, pubs, bars and cafes in Hauz Khas village and how civic agencies had turned a blind eye to all of it, has termed the posh hangout and party address of South Delhi “a ticking time-bomb”.
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Punjab & Haryana High Court administration has recommended that an FIR be registered against its own registrar who was handling recruitment.
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Madras High Court has directed Chief Medical Officer of a government hospital at Ambur of Tamil Nadu, who was booked for insulting the national flag, to hoist the Tricolour at the hospital, salute it and sing the national anthem everyday for a week as a condition of his anticipatory bail.
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Madras High Court has directed State Government to amend TN Motor Vehicle Accident Rules, 1989, in line with the newly developed online Detailed Accident Report regime as mandated by Supreme Court.
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Madras High Court, while censuring government teachers who are boycotting classes as part of their protest demanding implementation of Seventh Pay Commission recommendations, has said such boycotts and strikes by teachers were also a primary reason for government school students' low marks in NEET.
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Calcutta High Court has paved the way for married daughters to be recruited in government jobs on compassionate grounds should a parent die while in service.
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Karnataka High Court has stayed State government's circular to ban the registration of new Omni vans as emergency response service ambulances in the state.
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Central Government has extended the due date for filing of returns for the month of July by Input Service Distributor to October 13th.

*Podcast Available*
https://goo.gl/jRzvHc

*Team Manupatra*
*14th September, 2017*
[15/09, 12:32] Manu Alert: Supreme Court has held that if a member of a Hindu Undivided Family (HUF) wants to stake exclusive claim over any joint family property, then he or she will have to establish that this asset was self-acquired and not ancestral.
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Supreme Court has stayed the takeover of Raghunath temple of Kullu by Himachal Government and provided relief to Maheshwar Singh, scion of royal family of Kullu, who refused to accept Himachal government's decision to form a temple trust.
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Supreme Court has held that seniority in IPS will depend on the date of induction to IPS and it cannot be based on the length of service in any other Service prior to the induction.
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Calcutta High Court has directed investigating authorities to ascertain and record the IMEI number and other product details before handing over interim custody of stolen electronic devices such as mobile phones, laptops, etc.
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Madras High Court has rejected a plea to constitute a committee for monitoring the disrespect or insult of National Flag.
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Karnataka High Court has upheld order of Karnataka Electricity Regulatory Commission (KERC) which had in 2015 struck down state's regulation requiring landlords or occupants to produce ‘occupancy certificates’ issued by local municipal authorities including BBMP to get electricity connection.
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Madras High Court has ordered that no floor test would be conducted in Tamil Nadu Assembly till September 20.

*Podcast Available*
https://goo.gl/jRzvHc

*Team Manupatra*
*15th September, 2017*

08/09/2017

Supreme Court has reserved the verdict on a plea seeking a clarification on if a man's physical relaion with his wife below 18 years of age amounts to r**e or not.
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Supreme Court has directed instant messaging platform WhatsApp and social media giant Facebook to file affidavits stating what user data they shared with “third parties”.
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Supreme Court has cancelled the admissions of 400 students admitted to MBBS courses in DM Institute of Medical Sciences, Wayanad, and Mount Zion Medical College, Pathanamthitta.
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Supreme Court has directed Central Government to file a fresh affidavit with information about the results of inquiry by Central Board of Direct Taxes against Members of Parliament who amassed disproportionate assets/ wealth.
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Supreme Court has directed Amicus Curiae Harish Salve to look into the status report filed by Ministry of Environment, Forests and Climate Change and suggest measures to monitor the forest cover and to increase it, if that is possible
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Supreme Court has issued directions to ensure speedy resolution of disputes and utilization of alternate dispute resolution mechanisms by the consumer fora.
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Supreme Court has refused to give an urgent hearing into the matter pertaining to death of a NEET student in Tamil Nadu.
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Supreme Court has asked Centre to furnish details of action initiated against lawmakers, some of whose assets have jumped by over “500 per cent” between elections.
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Delhi High Court has directed several private schools to refund 75 per cent of the excess fee they had charged from parents of students.
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Uttarakhand High Court has revoked the dissolution of Badrinath-Kedarnath temple committee. The Court declared as illegal the dissolution of panel before completion of its three-year tenure without any complaint against its working.

*Podcast Available*
https://goo.gl/jRzvHc

*Team Manupatra*
*7th September, 2017*

21/08/2017

Central Government has notified the amended Central Goods and Services Tax (CGST) Rules, 2017. It also released the application/form for grant of Unique Identity Number (UIN) to UN Bodies/ Embassies /others.
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Central Government has notified that 18 per cent GST is applicable to tractors. Earlier, a highest rate of 28% was applicable on tractors.
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Central Government has notified the conditions for furnishing return in FORM GSTR-3B electronically through common portal for the month of July, 2017, for prescribed registered persons.
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Kerala Legislative Assembly has passed the Kerala Goods and Services Tax Bill, 2017.
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Supreme Court has issued notice to Finance Ministry on a petition filed by Central Administrative Tribunal Bar Association challenging the alterations brought about by Finance Act, 2017 in composition, selection procedure and qualification for appointment of Chairman and members of tribunal.
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Delhi High Court has set aside a lower Court order, which had denied maintenance to the wife under Protection of Women from Domestic Violence Act, 2005 (DV Act) solely because she was married before.
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Delhi High Court has struck down New Delhi Municipal Council (Determination of Annual Rent) Bye-laws, 2009, and asked NDMC to refund the excess tax collected by it.
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Delhi High Court has lamented the circumvention of pre-flight breathalyzer tests, which are mandatory for flight and cabin crew under Civil Aviation Requirements (CAR).
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Delhi High Court, in order to ensure aid to patients suffering from rare diseases, has asked Centre to take urgent steps to make National Policy for Treatment of Rare Diseases functional at the ground level.
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Delhi High Court has rejected a PIL seeking prohibition on sale or dispensation of liquor in departure area of domestic terminals of Indian airports on grounds that it is not executable.
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Allahabad High Court has reiterated that benefit of reservation cannot be provided in promotions, if there are less than five sanctioned posts available.
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Madhya Pradesh High Court has directed State Government to take all possible steps for health of workers working in Coal-Fired Thermal Power Plants (CFTPPs) in future.
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Bombay High Court has voiced concern over declining s*x ratio and said a lenient approach cannot be taken while deciding matters pertaining to violation of s*x determination laws.
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Bombay High Court has observed that a Foreign Court does not have jurisdiction to decide matrimonial matters of a couple who have Indian domicile and are governed under Hindu Marriage Act, even if the parties were at the time residing in a foreign nation.
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A Family Court in Rajasthan’s Bhilawara District has granted a woman’s plea for divorce, ruling that absence of a toilet at home amounts to cruelty.
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Government has introduced a new form under insolvency law to enable a person who has to receive a payment from an insolvent company to seek the claim. This will help the homebuyers to make claims for undelivered flats on a company undergoing resolution under Insolvency & Bankruptcy Code.

*Team Manupatra*
*21st August, 2017*

18/08/2017

Central Government has extended due date for filing of Goods and Services Tax (GST) return for taxpayers who want to avail the transitional input tax credit. The deadline for filing the "Form 3B" has been extended till August 28, 2017.
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Supreme Court, while hearing an application seeking its nod to cut over 400 trees to lay down an additional railway track between Mathura in Uttar Pradesh to Delhi, has asked government “Do you want to destroy” the world famous Taj Mahal.
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Supreme Court has observed that the contempt jurisdiction of Court is not only to protect reputation of concerned Judge so that he can administer Justice fearlessly and fairly, but also to protect “the fair name of judiciary”.
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Supreme Court has maintained status quo on MBBS and BDS admissions in Tamil Nadu till August 22nd 2017.
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Supreme Court, while holding Bihar government responsible for not coming to rescue of 35-year-old destitute HIV positive woman who wanted to abort her pregnancy arising out of r**e, has directed it to pay compensation of Rs 10 lakh to her.
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Bombay High Court has held that names of Hindu Gods are 'not exclusive and nobody can be allowed to claim monopoly over such words as trademarks or trade names'.
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Bombay High Court has observed that the role of a mother in development of a child’s personality can never be doubted.
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Kerala High Court has observed that an advocate can neither consider it to be his right to be declared as a senior advocate nor can he claim as a matter of right to be declared as a senior advocate.
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Kerala High Court has held that with regard to prohibition of liquor outlets near national highways, relevant distance is to be measured from outer edge of highway to the vending point or liquor outlet and not to gate of property where such outlet is established.
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Madhya Pradesh High Court has advised Trial Courts not to exercise its power to issue non-bailable warrant in a routine and mechanical manner and in the larger interest of justice, try to secure presence of accused on next date of hearing by way of a bailable warrant at the first instance.
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The Arbitral Tribunal has awarded a claim of nearly Rs. 326 crore to Tata Motors Limited (TML) against DTC towards illegally recovered liquidated damages regarding delivery of buses in 2010, ahead of Commonwealth

*Team Manupatra*
*18th August, 2017*

18/08/2017

Supreme Court has refused to entertain a fresh plea challenging the constitutional validity of 'triple talaq', 'nikah halala' and polygamy practices among Muslims.
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Supreme Court has asked Trial Courts to immediately discontinue with the practice of granting regular bail in cases that are pending in higher Courts.
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Supreme Court has directed Chhattisgarh Government to constitute requisite Medical Board within two days to examine a candidate suffering from Thalassemia, which is a benchmark disability under Right of Persons with Disabilities Act, 2016, under disability quota for admission to any medical stream.
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Delhi HC, while reiterating that right to housing is an essential part of right to life which is not merely an animal existence but entitlement to reasonable accommodation, has declared 14 slum dwellers entitled for alternate accommodation after being removed for expansion of National Highway-24.
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Delhi High Court has directed Centre to develop environment friendly farming practices to reduce stubble burning, a major cause of air pollution in National Capital during autumn and winter months.
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Delhi High Court has said that encroachments could not be permitted in ridge areas of National Capital as these were primary "natural features".
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Bombay High Court has dismissed an appeal filed by National Investigation Agency (NIA) against decision of Trial Judge to not charge Areeb Majeed under Section 20 of Unlawful Activity (Prevention) Act (UAPA).
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Madhya Pradesh High Court has held that blacklisting of a contractor cannot be done for an indefinite period.
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Orissa High Court has ruled that consideration received by land owner as per joint development agreement is "business income" when the land is treated as 'stock in trade' under said agreement.
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Central Information Commission has recommended that Ministry of Culture should clarify its stand on conflicting claims regarding Taj Mahal being a Shiva Temple rather than a mausoleum built by Shahjahan.
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CBEC has clarified that any registered person who has received a minimum foreign inward remittance of 10% of export turnover in preceding financial year is eligible for availing facility of LUT provided that amount received as foreign inward remittance is not less than Rs. one crore.
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Central Board of Direct Taxes (CBDT) has notified that Bonds of Indian Railway Finance Corporation will be exempted from Income Tax under section 54EC of Income Tax Act, 1961.

*Team Manupatra*
*14th August, 2017*
[16/08, 12:53] Manu Alert: Supreme Court has ordered installation of CCTV cameras in all States and Union Territories to record proceedings in Trial Courts and Tribunals across the country.
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Supreme Court has said that Karti Chidambaram will not be allowed to leave the country unless he joins probe investigating allegations of irregularity against him in a corruption case involving kickbacks paid by INX Media for obtaining clearance from the Foreign Investment Promotion Board.
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Supreme Court has ruled that co-operative societies engaged in banking business for public are not eligible for deduction u/s 80P of Income Tax Act, 1961.
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Bombay High Court has set aside an order declaring a candidate for post of Sub-Inspector in Central Industrial Security Force as unfit due to tattoos and asked them to allow the candidate to participate in final selection process.
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Bombay High Court has held recently that New Pension Scheme brought in by State Government, through a Government Resolution dated October 31, 2005 (cut-off date), was not applicable to judicial officers in State and the ones appointed after this cut-off date could choose to opt for the same.
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Jammu & Kashmir High Court has held that activity of supplying audio of back ground sound to film already shot by customers, would amount to manufacture within the meaning of Section 80-IB of Income Tax Act, 1962.
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Hyderabad High Court, while stating that engagement of staff or employees in every private unaided educational institution cannot be deemed a public function, has said that such an engagement would be a purely private arrangement made by the said institution to carry out its aims and objectives.
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National Human Rights Commission (NHRC), while taking suo motu cognizance of media reports over Gorakhpur hospital tragedy, has issued notice to Government of Uttar Pradesh seeking detailed report over deaths of at least 70 children at Baba Raghav Das (BRD) Medical College, Gorakhpur.

*Team Manupatra*

Supreme Court has held that an accused is entitled to statutory bail u/s 167(2)(a)(2) of Code of Criminal procedure if the police failed to file charge-sheet within 60 days of his arrest for offence punishable with 'imprisonment up to 10 years'.
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Supreme Court has appointed a panel headed by two of its former Judges to examine justification for closure of 241 anti-Sikh riot cases probed by Special Investigation Team.
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Supreme Court has questioned Gujarat government's decision to re-induct IPS officer N K Amin as Superintendent of Police after his retirement, observing he had serious charges against him and had spent eight years in jail.
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Supreme Court has observed that words like "repay", "return" and "subject to this condition" in an agreement are not commensurate with a deed of absolute sale.
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Bombay High Court has prohibited Maharashtra government from granting any permission allowing bullock cart racing before framing rules as envisaged in amendment to Prevention of Cruelty to Animals Act, 1960.
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Delhi High Court has set aside Rs. 100 per kg fee fixed by Director General of Civil Aviation (DGCA) for excess checked-in baggage of 15-20 kg on private airlines.
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Delhi High Court has upheld Income Tax Department's decision to initiate re-assessment proceedings against media house NDTV for assessment years 2008-09 and 2009-10, holding that authority had reasons to believe that some transactions of those years were "bogus".
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Delhi High Court has asked a TV channel and the kin of Sunanda Pushkar not to indulge in "name calling" in connection with her death case but said there could be a possibility of some posturing from both sides.
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Madras High Court has observed that freedom of religion is a fundamental right which cannot be interfered with but stressed that the Supreme Court guidelines on sound system used by mosques for giving prayer calls should be followed.
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Madhya Pradesh High Court has held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, employer still has the right to consider his antecedents and cannot be compelled to appoint the person.
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Central Board of Excise and Customs (CBEC) has clarified that a manufacturer of taxable food items is eligible to claim input tax credit on the rental amount if factory is situated in rental premises.
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Central Board of Excise and Customs (CBEC) has clarified that 18 per cent GST is applicable to food supplied in non-A/C areas of an A/C restaurant.

*Team Manupatra*
*17th August, 2017*