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Showing posts with label 2020 [1] Advocatemmmohan Apex Court Cases 19. Show all posts
Showing posts with label 2020 [1] Advocatemmmohan Apex Court Cases 19. Show all posts
Wednesday, January 22, 2020

. In the present case, it is not the case of the appellant that the goods in question were being exported. Since the goods are to be consumed on the board of the foreign going ship and the same would be consumed before reaching a destination, it does not fall under the definition of ‘export’. The sale cannot qualify as a sale occasioning export unless the goods reach a destination which is a place outside India. Further, since the goods have been sold from the bonded warehouse and had crossed the customs port/land customs station prior to their sale, it cannot qualify as a sale in course of export within the meaning of Section 5(1) read with Section 2(ab) of the CST Act.

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whether the subject   sales   (of   goods   imported   from   foreign   country   and   after unloading the same on the land­mass of the St...
Saturday, January 18, 2020

Whether High Court of Judicature pass orders constituting a Heterogeneous Committee of named persons to give its recommendations on the reforms that can be brought into practice for reformation, rehabilitation and re-integration of the convict/accused person to society and best practices for improving the quality of investigation. The Committee was mandated to submit report within eight weeks and that the State was directed to furnish data for each District. The Committee was to scrutinize the same and submit the final data separately along with the report. The State was directed to provide office room for the Committee to conduct its meetings and to keep the documents and other materials in safe custody in a matter pertaining to grant of bail under Section 439 of the Code of Criminal Procedure, 19731 ? The High Court had admitted the accused to bail on 18th February, 2019 subject to certain conditions but passed an order to call for the details of the cases registered by the Police, final report filed, trial conducted and the result of such cases. The details were to bring to light the manner in which the entire criminal justice system is operating in the State. In pursuance of the directions so issued and the data provided, the impugned order was p The jurisdiction of the Court under Section 439 of the Code is limited to grant or not to grant bail pending trial. Even 11 though the object of the Hon’ble Judge was laudable but the jurisdiction exercised was clearly erroneous. The effort made by the Hon’ble Judge may be academically proper to be presented at an appropriate forum but such directions could not be issued under the colour of office of the Court. In view of the above, we find that the order passed by the High Court on 24th April, 2019 is not sustainable in law and the same is set aside. Consequently, the appeal is allowed.

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Whether High Court of Judicature pass orders constituting a Heterogeneous Committee of named persons to give its recommendations on the ref...