(1)
REGISTRAR GENERAL HIGH COURT OF JUDICATURE AT MADRAS .....Appellant Vs.
THE STATE REPRESENTED BY THE INSPECTOR OF POLICE CENTRAL CRIME BRANCH CHENNAI AND ANOTHER .....Respondents D.D
23/02/2022
Code of Criminal Procedure, 1973 - Section 482 - Inherent Powers - Transfer of Cases - High Court directed transfer of 864 land grabbing cases from Special Courts to jurisdictional Magistrates on 'special mentioning' after disposal of the original petition - Supreme Court held that the High Court, being functus officio, lacked jurisdiction to pass further orders in the disposed matter - Su...
(2)
HORTICULTURE EXPERIMENT STATION GONIKOPPAL COORG .....Appellant Vs.
THE REGIONAL PROVIDENT FUND ORGANIZATION .....Respondent D.D
23/02/2022
Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Section 14B - Imposition of Damages - Default or delay in payment of EPF contributions by the employer necessitates imposition of damages under Section 14B - Mens rea or actus reus not required for imposing penalty or damages for breach of civil obligations and liabilities - Judgment of the Division Bench of the High Court of ...
(3)
KRISHI UPAJ MANDI SAMITI NEW MANDI YARD ALWAR .....Appellant Vs.
COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX ALWAR .....Respondent D.D
23/02/2022
Service Tax - Renting of Immovable Property - Exemption - Market Committees under Rajasthan Agricultural Produce Markets Act, 1961 - Appellants claimed exemption under Circular No. 89/7/2006 - Supreme Court held that the activity of renting/leasing shops/lands/platforms by Market Committees is not a mandatory statutory duty under Section 9 of the Act - Therefore, not exempt from service tax as per...
(4)
GOWRAMMA C (DEAD) BY LRS .....Appellant Vs.
MANAGER (PERSONNEL) HINDUSTAN AERONAUTICAL LTD. AND ANOTHER .....Respondents D.D
23/02/2022
Employment - Back Wages - Reinstatement - Employee dismissed for allegedly securing employment through false caste certificate - Tahsildar's report found appellant did not belong to Scheduled Caste - High Court found Tahsildar incompetent and directed verification by appropriate authority - Verification confirmed appellant's Scheduled Caste status - Appellant reinstated without back wages ...
(5)
JAYASHREE .....Appellant Vs.
THE DIRECTOR COLLEGIATE EDUCATION .....Respondent D.D
22/02/2022
Employment - Caste Certificate - Termination - Appellant's services terminated for not belonging to the Scheduled Tribe community as claimed - High Court upheld termination - Appellant contended termination was without notice and recovery of salary unjustified - Supreme Court upheld termination but provided relief from recovery of salary due to lack of fraudulent intent and principles of natur...
(6)
HEERA TRADERS .....Appellant Vs.
KAMLA JAIN .....Respondent D.D
22/02/2022
Code of Civil Procedure - Order XLI Rule 5 - Stay of Execution - Rent Payment - High Court directed appellants to pay Rs. 18000/- per month as rent during the pendency of the second appeals - Appellants argued for lower rent as per lease agreement - High Court justified in directing higher rent based on prevailing market rate to balance interests of both parties during litigation [Paras 1-6].
&...
(7)
STATE OF U.P. AND OTHERS .....Respondents Vs.
MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITED .....Appellant D.D
22/02/2022
Motor Vehicles - Taxation - Financier-in-Possession - U.P. Motor Vehicles Taxation Act, 1997 - Financier took possession of vehicle upon default in loan payment - Liability to pay tax - Supreme Court upheld High Court's decision - Financier-in-possession considered "owner" under Section 2(h) of Act 1997 and Section 2(30) of Act 1988 - Tax payable even if vehicle not used, unless exem...
(8)
M/S TRL KROSAKI REFRACTORIES LIMITED .....Appellant Vs.
M/S SMS ASIA PRIVATE LIMITED AND ANOTHER .....Respondent D.D
22/02/2022
Negotiable Instruments Act – Dishonour of Cheque – Authorized Representation – Company filed complaint under Section 138 of NI Act through its General Manager (Accounting) – Requirement for complaint to be filed by the payee satisfied – Authorization by the company and knowledge of the transaction sufficiently demonstrated through affidavits and supporting documents &...
(9)
M/S APEX LABORATORIES PRIVATE LIMITED .....Appellant Vs.
DEPUTY COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT - II .....Respondent D.D
22/02/2022
Income Tax – Deduction under Section 37(1) – Pharmaceutical companies' gifting freebies to doctors is "prohibited by law" and cannot be claimed as a deduction under Section 37(1) – Expenditure incurred by pharmaceutical companies for such freebies is inadmissible under the Income Tax Act – Court emphasizes the principle that no entity should benefit from an ac...