Legal Updates as on 18.03.2023

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Legal Update
  1. SC – To claim an input tax credit, the dealer must demonstrate the transaction beyond a reasonable doubt. – According to the Supreme Court, a dealer claiming Input Tax Credit on Purchase under Section 70 of the Karnataka Value Added Tax Act must prove and verify real physical movement of the goods and the validity of the transaction beyond a reasonable doubt.
    State of Karnataka v. M/s. Ecom Gill Coffee Trading Private Limited
  1. MEGHALAYA HC REJECTS THE STATE’S BLUEPRINT FOR DEPLOYING CRPF TO END ILLEGAL COAL MINING – The Meghalaya High Court dismissed the state’s “grandiose” plan to stop illegal coal mining by deploying 100 and 60 CRPF companies to the eastern and western ranges, respectively. The court noted that the scheme may not be financially possible, even on a temporary or short-term basis.
    In Re: (Suo motu): Illegal mining of coal in the State of Meghalaya Vs. State of Meghalaya
  1. JKL HC – NO ABSOLUTE BAR TO INVOKE WRIT JURISDICTION IN CONTRACTUAL MATTERS WITH STATE The Jammu and Kashmir and Ladakh High Court has noted that there has been a paradigm shift in the approach of the Courts in exercising their Writ Jurisdiction in the matters of contractual disputes with State, and that citizens can, in appropriate cases, approach the High Courts for exercise of Writ Jurisdiction.
    Mukhtar Ahmad Andrabi Vs UT of J&K & Ors.
  1. CAL HC – YouTuber DHRUV RATHEE has been ordered by the Calcutta High Court to remove references to “real fruit juice” from his video. – While giving Dabur temporary relief, the Calcutta High Court ordered Dhruv Rathee to delete the offensive sections of the video where he specifically disparaged their packaged fruit juices, calling them “Real” juice, and using Dabur’s trademark without permission on the product’s packaging, label, and logo.
    Dabur India Limited v. Dhruv Rathee & Ors.
  1. BOM HC – After 38 years, the Bombay High Court permitted changes to be made to a sale deed while noting that the court has the authority to fix errors under Sections 151 and 152 of the CPC.
    Dagadu Shivaji Lodhe Deceased Thr Lrs Eknath Dagadu Lodhe And Another Versus Bhaurao Fakira Dongre Deceased Thr Lr Muktabai Bhaurao Dongre And Others
  1. DELHI HC – FINISHING REAL ESTATE PROJECT IS NOT THE BANK’S RESPONSIBILITY – The Delhi High Court held that lenders must take the proper legal action by addressing the civil court to ensure that the project is completed on time, while noting that banks cannot be burdened with the responsibility of seeing that real estate projects are completed.
    Court on Its Own Motion vs. Govt of NCT of Delhi & Ors.
  1. SC – CAN’T JUSTIFY THE WILL AS GENUINE BY THE FACT THAT IT’S MORE THAN 30 YEARS OLD. – The Supreme Court has ruled that the presumption under Section 90 as to the regularity of papers more than 30 years old is inapplicable when it comes to the proof of wills, while noting that wills cannot be proven solely on the basis of their age.
    Ashutosh Samanta Versus Ranjan Bala Dasi & Ors | Civil Appeal No.7775 Of 2021
  1. AP HC – SECTION 251 CR DOES NOT REQUIRE PERSONAL APPEARANCE OF ACCUSED AT EXAMINATION STAGE. – According to the Andhra Pradesh High Court, it is not necessary for the accused to personally present during the examination phase under Section 251 of the Criminal Procedure Code.
    Potluri Vara Prasad v. Usha Pictures And Financiers
  1. TL HC – A REVISIONAL COURT CANNOT SET ASIDE A LOWER COURT’S FINDINGS OF FACT. – According to the Telangana High Court, the Revisional Court lacks the authority to overturn a Subordinate Court’s factual findings and replace them with its own.
    Azmeera Jagan v State of Telangana
  1. CAL HC – 29 vice chancellor appointments at state universities are rejected by the CALCUTTA HC. – The Vice Chancellors (VCs) of the universities in the State of West Bengal cannot be appointed, reappointed, or have their terms extended by the State, according to a decision by the Calcutta High Court that invalidated 29 nominations. It has also ruled that VC appointments must fully adhere to the law.
    Anupam Bera vs State of West Bengal WPA (P) 170 of 2022
  1. DELH HC – SUPERTECH HOMEBUYERS’ APPEALS TO STOP BANKS FROM CHARGING EMIS ARE REJECTED BY THE DELHI HC – The Delhi High Court has denied requests from the Supertech Urban House Buyers Association (SUHA) Foundation and other homebuyers to urge banking institutions to hold off on collecting their EMI payments until Supertech Ltd has delivered the keys to the apartments.
    SUPERTECH URBAN HOME BUYERS ASSOCIATION (SUHA) FOUNDATION Vs UNION OF INDIA & ORS
  1. SC – Doctor cannot be punished for keeping small amounts of medications under the Drugs and Cosmetics Act. – The Supreme Court ruled that a doctor’s act of keeping modest amounts of medication in storage does not constitute an illegal stocking of medication under Section 18(c) of the Medicines and Cosmetics Act.
    Athilakshmi vs. The State Rep. By The Drugs Inspector [SLP (Criminal) No. 9978 of 2022]
  1. KER HC – IOS/PPS CANNOT CASUALLY ASK FOR A DURATION EXTENSION FOR COMPLETING PROBE IN NDPS CASES, KER. HC – While noting that investigating officers (IO) and public prosecutors (PP) cannot arbitrarily request an extension of time for concluding investigations in NDPS cases, the Kerala High Court has concluded that it is essential to provide two conditions for extending detention beyond 180 days.
    Dayal v. State of Kerala & Anr.
  1. SC – IN SERVICE JURISPRUDENCE, SERVICE RULES PREVAIL OVER CONFLICTING GOVERNMENT RESOLUTIONS – Government decisions cannot conflict with the regulations under service law, according to the Supreme Court, and services rules that have statutory effect take precedence.
    Ashok Ram Parhad & Ors Versus The State Of Maharashtra & Ors. | Civil Appeal No.822 Of 2023

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates