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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
 
LEGAL SNIPPETS

. Those who draw power cannot be made liable to pay when there is a delay in installing switchgear, protection system and meters on the part of the producer; the Supreme Court stated so while dismissing the appeal case, Power Grid Corporation v. Punjab Power Corporation.

. The National Consumer Commission ruled that if there is any unjustified delay in the issue of passport, after the passport officer decides to issue one, it will be "Deficiency in service" entitling the aggrieved person to claim compensation. In its judgment in the case, Passport Officer v. Richa Bhandari, the Commission ruled that an applicant for a passport was a 'consumer' under law as far as the outsourced services are concerned.

. The Supreme Court has ruled that if there is a delay in the refund of excise duty, the assessee firm is entitled to interest on the amount. The refund claim should be decided within three months from the date of the application. After that, interest shall be paid according to section 11BB of the Central Excise Tariff Act, the Court stated.

. The government is working on a proposal to amend the Code of Criminal Procedure (CrPC), restricting the powers of the police to arrest when a person is available for interrogation by issuing notices, barring in cases of heinous crimes. A separate 'Bail Act' is also under consideration that would limit the discretionary powers of the courts in granting relief to an accused.

. Those dispossessed of their land before a notification under the Land Acquisition Act would be entitled to additional interest for the period between dispossession and the notification, the Supreme Court stated in its judgment, Balwant Singh v. Land Acquisition Collector.

. The National Consumer Commission has stated that a consumer can make a complaint to a consumer forum even if there is an arbitration clause in the agreement between him and a service provider.

. The Supreme Court has ruled that subsidies given as incentives to industries set up in backward areas are deductible under the Income Tax Act. In a large number of appeals moved by the Commissioner of Income Tax against judgments of the Gauhati High Court, the Apex Court rejected the contention of the tax officials that amounts received as subsidies were revenue receipts and did not qualify for deduction under section 80.

. If a person, who complains about a cheque that was dishonoured by the bank for insufficiency of funds, fails to appear before the magistrate to pursue his cause, the complaint would be dismissed and it would amount to acquittal of the accused person, the Supreme Court ruled in the case , VK Bhat v. G Ravi Kishore .

. The Supreme Court allowed criminal proceedings to go on against the Chairman and the Managing Director of a Shipyard firm and signatories of three cheques worth ` 200 crore which bounced.

. Phonetic similarity alone is not enough to grant an injunction against a trademark of a rival, the Bombay High Court ruled while rejecting the prayer of a Sharjah firm in the judgment International Foodstuffs lic v. Parle Products .

 
 
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