The Official website of Dr. Akhilesh Das Gupta Institute of Professional Studies, New Delhi
The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) recently held that service tax cannot be levied on take-away/ parcel food items sold by restaurants [Haldiram Marketing Pvt Ltd vs Commissioner, Central Goods & Services Tax) https://www.barandbench.com/news/litigation/service-tax-cannot-levied-take-away-parcel-food-items-sold-restaurants-cestat
The Supreme Court observed that the conviction under Section 498-A IPC would not be sustainable when the marriage was found to be null and void. In this case, the accused were convicted for the offences punishable under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. In appeal before the Apex…
The Supreme Court held that the Indian Association for the Cultivation of Science [IACS] is a “State” within the meaning of Article 12 of the Constitution of India. The bench of Justices Dinesh Maheshwari and Hrishikesh Roy set aside a Calcutta High Court judgment that had held otherwise while dismissing a writ petition filed against…
The Supreme Court has directed the Insurance Regulatory Development Authority of India to consider whether claims by family members, friends, or such persons other than the registered owner driving or riding borrowed vehicles, could be the beneficiaries of personal accident cover, where the accidents could not be attributed to other ‘offending’ vehicles or the drivers’…
The Supreme Court on Wednesday affirmed the conviction and life sentence of the four murder accused based on the testimony of the solitary eye witness in the case [Ajai Alias Ajju and Others v. State of Uttar Pradesh]. https://www.barandbench.com/news/litigation/supreme-court-relies-solitary-eyewitness-testimony-affirm-murder-conviction
The Supreme court reiterated that the provision of review is not to scrutinize the correctness of the decision. It is to correct the error, if any, which is visible on the face of the order / record without going into as to whether there is a possibility of another opinion different from the one expressed,…
High Courts are too, are constitutional courts and are not subordinate to the Supreme Court, the Apex Court reiterated in a recent order. Under the Indian Constitution, the power to interpret the Constitution and entertain judicial review petitions is exercised by the Supreme Court and the High Courts alone and therefore, are referred to as…
On Tuesday, the Supreme Court observed that Bihar, Jharkhand and Uttar Pradesh are bound to adhere to the standards prescribed by the regulatory authority, National Medical Council such as infrastructural facilities, faculty etc. while setting up government medical colleges in the respective states. https://www.livelaw.in/top-stories/states-bound-to-adhere-nmc-standards-while-setting-up-government-medical-colleges-supreme-court-221582
While upholding the delimitation exercise in Jammu and Kashmir, the Supreme Court observed that the Parliament has the power to convert an existing state into a Union Territory. A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka noted that Article 3 provides that Parliament may by law form new States and alter the…
The Supreme Court observed that Article 170 of the Constitution deals with only the State Legislature and thus has no application to the Legislatures of Union Territories. Legislative Assemblies of the concerned Union Territories will be governed by the law made by the Parliament in accordance with Article 239A and not by the provisions of…
