Today’s Legal Updates

Wednesday, 30th March 2022

Legal Awareness :- CONSTITUTION OF INDIA

Part – XII FINANCE, PROPERTY, CONTRACTS AND SUITS

CHAPTER – I FINANCE

Distribution of Revenues between the Union and the States

Article – 276  Taxes on professions, trades, callings and employments

(1) Notwithstanding anything in article 246, no law of the Legislature of a State relating to taxes for the benefit of the State or of a municipality, district board, local board or other local authority therein in respect of professions, trades, callings or employments shall be invalid on the ground that it relates to a tax on income.
(2) The total amount payable in respect of any one person to the State or to any one municipality, district
board, local board or other local authority in the State by way of taxes on professions, trades, callings and
employments shall not exceed 1[two thousand and five hundred rupees] per annum.
(3) The power of the Legislature of a State to make laws as aforesaid with respect to taxes on professions,
trades, callings and employments shall not be construed as limiting in any way the power of Parliament to make laws with respect to taxes on income accruing from or arising out of professions, trades, callings and employments.

Today Legal Updates:-

  1. Today a single-judge of the Calcutta High Court took strong objection to an order passed by a Division Bench allowing a party to submit a document in sealed cover and virtually ‘tying’ the hands of the single-judge. (Md. Abdul Gani Ansari Vs. State of West Bengal)
  2. On Monday the Supreme Court issued notice to the State of Karnataka on a petition by a fishermen’s association challenging the ₹2,000 crore project for second stage development of the Karwar port in the State.  (Baithkol Bandharu Nirashrithara Yanteikrut Dhoni Meenugarara Sahakara Sangha Niyamitha vs The Chief Executive Officer)
  3. On Tuesday the Karnataka High Court dismissed an appeal filed by the persons accused in the 2016 murder of Rashtriya Swayamsevak Sangh (RSS) activist Rudresh.  (Irfan Pasha v. State of Karnataka)
  4. A Mumbai court will pronounce its verdict on Thursday in the application filed by Special Investigation Team (SIT) of the Narcotics Control Bureau (NCB) seeking extension of time to file the chargesheet in the cruise ship drug case in which Bollywood actor Shahrukh Khan’s son Aryan Khan is the prime accused.
  5. Today the Meghalaya High Court suggested that ‘flying army checker’ teams be deployed for surprise checks on Army vehicles, after it emerged that they may allegedly be used to traffic drugs.  (M Kharkongor vs State of Meghalaya)
    • Reacting to the the Amicus mentioning that a correctional home inmate suggested that high-ranking defence personnel may have been roped in for the trade.
    • Unbelievable though such allegation is, it has to be noticed nonetheless that according to the relevant inmate drugs are sometimes transported in army trucks, which are generally immune from checking.
    • the Court said, “If what is reported is true, there must also be intelligence reports received by the State in such regard and the Chief Secretary should coordinate with, inter alia, the Army and Assam Rifles, both to make the highest officials aware of the problem and for immediate action being taken. It may also do well for teams of flying army checkers to be deployed along the route to make surprise checks on Army vehicles which are otherwise not subjected to checks by civilian personnel,”
    • the Court observed, “Many families affected have to look beyond the State where wards are sent in the absence of adequate facilities being available in Meghalaya, despite the urgent need therefor. There may also be a need for de-addiction centres, particularly to house young female offenders,”
  6. Today the survivor nun in the rape case in which accused Bishop Franco Mulakkal was acquitted by the trial court has moved the Kerala High Court against the verdict.
  7. Today the Kerala High Court declined to interfere with the ritual of “Panthrandu Namaskaram’ performed at the Sree Poornathrayeesa Temple, Thrippunithara, in which the temple tantri washes the feet of 12 priests.
  8. Today the Delhi High Court granted a permanent injunction in favour of news agency Asian News International (ANI), restraining a website by the name of ANI News India from using the trademark ‘ANI’.  (ANI Media Pvt. Ltd. V Vinay G David and Ors)
  9. Today the Ministry of Electronics and Information Technology (MEITY) has told the Delhi High Court that action taken by social media platforms against accounts should be proportionate to the offending content and taking down the account itself should be only the last resort.  (Wokeflix through Megha Chaubey v. Union of India and Ors)
  10. Yesterday the Calcutta High Court directed the Registrar (IT) to prepare a list of appeals where appellants have been in jail for 14 years or more, and to list those matters for consideration of bail within two weeks. (In Re : Guddu Mondal @ Guddu Ali Mondal)
  11. Today  the Allahabad High Court have been granted bail three Kashmiri students, who were charged with sedition after raising pro-Pakistan slogans following Pakistan’s victory in a T-20 Cricket World Cup match against India.
  12. Yesterday the Bombay High Court quashed and set aside the notices against Tata Communications Transformation Services and other companies for income tax reassessment proceedings under Section 148 under the Income Tax Act (IT Act) initiated after April 1, 2021.  (Tata Communications Transformation Services Ltd. v. Asst. Commissioner of IT & Ors and connected writs)
  13. The Central government has opposed the plea before the Supreme Court seeking extra attempt for candidates who could not appear in Civil Services Mains exam held in January 2022 owing to COVID-19.  (Ajit Shukla vs Union of India)
  14. Today the Dwarka Courts Delhi remarked while granting bail to an accused who claimed that the police shot him in custody after he was arrested for alleged cattle smuggling, Rule of law is the most sacrosanct holy cow that the police must protect. (State v. Deepak Chauhan, Bablu, Aijaz)
  15. Today the Delhi High Court, while dismissing a petition seeking details of the Supreme Court Collegium meeting held on December 12, 2018, held that newspaper reports regarding the same hold no evidentiary value and cognisance could not be taken of unsubstantiated and unverified reports. (Anjali Bhardwaj v. CPIO, Supreme Court of India)
  16. Today the Delhi High Court expressed its concern on privacy policies of social media companies like Facebook (now Meta) observing that the sharing and scraping of people’s personal data by these companies needs to be examined.  (WhatsApp LLC v Competition Commission of India and Anr)
  17. Yesterday the Bombay High Court dismissed petitions by individuals hotels and restaurants, and associations representing such establishments seeking concessions on license renewal fees for vending foreign liquor.  (HRAI v Commissioner, State Excise & Ors)
  18. Last Week the Chhattisgarh High Court held that an unmarried daughter is entitled to claim marriage expenses from her parents under the Hindu Adoptions & Maintenance Act. (Rajeshwari v Bhunu Ram)
  19. Today the Bombay High Court judge on jail visit asked by the long pendency of cases, especially bail matters has been a perpetual problem plaguing the Indian judiciary.
  20. Today the Supreme Court was told that the judge monitoring the investigation into the Lakhimpur Kheri case, which resulted in the death of eight persons, had asked the State of Uttar Pradesh to file an appeal against the order granting bail to prime accused Ashish Mishra.
  21. Yesterday the Supreme Court held that in cases of motor vehicle accidents, though mental and physical loss cannot be computed in terms of money, there is no other way to compensate the victim except by payment of just compensation.  (Master Ayush v. The Branch Manager, Reliance General Insurance Co. Ltd. & Another)
  22. Yesterday the Mumbai Metro One Private Limited (MMOPL), part of the Reliance (Anil Ambani) Group, secured interim relief from the Bombay High Court which directed the Brihanmumbai Municipal Corporation (BMC) not to take any coercive action such as discontinuing of water supply and breaking off sewerage lines to the functional metro route over alleged non-payment of property tax.
  23. On Monday the Supreme Court held that reopening of assessment under the Income Tax Act is valid if there is tangible material for the same and the sufficiency of such material cannot be subject to judicial review. (Deputy Commissioner of Income Tax (Central) Cricle v. M/S MR Shah Logistics Pvt. Ltd.)
  24. Today the Delhi High Court dismissed a petition seeking details of the the Supreme Court collegium meeting held on December 12, 2018, which were never made public.  (Anjali Bhardwaj v CPIO, Supreme Court of India)
  25. The Supreme Court of India will revert to full scale physical functioning from 4th April 2022, more than two years after it had adopted virtual functioning due to COVID-19 pandemic.

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