Zeenath Transport Company Vs Principal Additional Director General (Karnataka High Court) The petitioner is challenging the constitutional validity of Section 174 Central Goods and Services Tax Act, 2017 is ultra virus the constitutional (101st) Amendment Act 2016 being violative of Article 14/19/265 of the Constitutional of India and also sought for quashing the show cause […]
The Daily Thanthi Vs Commissioner of Customs (Madras High Court) High Court held that amount deposited during the pendency of the appeals before the Hon’ble Supreme Court has to be construed as having paid ‘under protest’ and has to be refunded without insisting on such importer or manufacturer satisfying the requirement of “unjust enrichment” as […]
H.M. Leisure Vs State of West Bengal (Calcutta High Court) It is trite law that when an appeal provision has been provided under the statute, the Authorities are not allowed to recover the amount payable unless there are extenuating circumstances. In the present case the dispute is with regard to classification issue, and therefore, I […]
Vidyarthi Construction Private Limited Vs State of Bihar (Patna High Court) We are of the view that the impugned orders dated 29.10.2018, 31.7.2019, 7.8.2019, 24.7.2019 and 20.8.2019 passed by the Respondent No.3, the Joint Commissioner of Sate Taxes, Danapur Circle, East Circle, Muzaffarpur in Form ASMT-13 need to be quashed and set aside, for the […]
Union of India Vs A. F. Babu (Kerala High Court) By the impugned judgment, the learned Single Judge allowed the writ petition and directed the respondents in the writ petition to open an online portal to enable the first respondent to file the form GST TRAN-I electronically or to accept the same manually. Aggrieved by […]
Brahm (Alloys) Ltd. & Anr. Vs West Bengal Financial Corporation & Ors. (Culcutta High Court) HC held that Counsel for the respondents is justified in arguing that recovery of public money cannot wait indefinitely to suit the convenience of a particular borrower. In the present case, even the latest offer given by the concerned ARC, […]
Rakesh Kumar Gupta Vs Central Information Commission (Delhi High Court) High Court held that i) CPIO/PIOs cannot withhold information without reasonable cause; ii) A PIO/CPIO cannot be held responsible if they have genuinely rejected the information sought on valid grounds permissible under the Act. Mere difference of opinion on the part of CIC cannot lead […]
Shri Amman Dhall Mill Vs Commissioner of Customs (Kerala High Court) Conclusion: Appellate Tribunal committed serious error in law by ordering release of Canadian Green Peas under Section 125 on payment of redemption fine as by holding that release of goods was the only option to Customs Commissioner in the case on hand the language […]
Where there was non-consideration of material evidence by a statutory authority, judicial review by the High Court in exercise of it’s power under Art.226 of the Constitution of India is permissible, and existence of alternative remedy is not a bar for exercise of such power.
Naresh Dayal & Ors. Vs Delhi Gymkhana Club Ltd. & Ors. (Delhi High Court) The present suit has been filed by seven plaintiffs who are all members of defendant No.1 Club in a representative capacity claiming that they are the permanent members of defendant No.1 which has 5553 permanent members, about 4925 person enjoy the […]
