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Legal

Legal News Bulletin

20/05/2022

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S W I P E R I G H T
SC says Centre, States have equal powers to make GST-related
laws

The Supreme Court on Thursday, in a judgment championing the

importance of “cooperative federalism” for the well­being of
democracy, held that Union and State legislatures have “equal,
simultaneous and unique powers” to make laws on Goods and
Services Tax (GST) and the recom- mendations of the GST Council are
not binding on them.

The apex court’s decision came while confirming a Gujarat High

Court ruling that the Centre cannot levy Integrated Goods and
Services Tax (IGST) on ocean freight from Indian importers. Justice
Chandrachud said the Centre and States were “autonomous,
independent and even com- peting units” while making GST laws.

Source: LiveLaw
Justice Nageswara Rao will head International Arbitration
& Mediation Centre, Hyderabad: CJI Ramana

On Justice L Nageswara Rao's last day in office, the Chief

Justice of India (CJI) NV Ramana remarked that the judge will
be heading the International Arbitration and Mediation Centre
(IAMC), Hyderabad after demitting office.

Justice Nageswara Rao is a part of the centre's board of

trustees which also comprises the Supreme Court's Justice
Kohli, Chief Justice of the Telangana High Court, Justice Satish
Chandra Sharma and Former Supreme Court judge, Justice RV
Raveendran.

The IAMC was launched at Hyderabad with a view to

facilitating time and cost effective dispute resolution methods
for domestic as well as foreign investors having investments in
Telangana and elsewhere in India.

The Centre, which aims to achieve the goal of ease of doing

business by ensuring effective and speedy dispute redressal
mechanisms, is equipped to provide cutting-edge,
technologically advanced arbitration and mediation services.
Source: LiveLaw
Supreme Court asks Madhya Pradesh to re-consider
conviction incentivizing policy for public prosecutors

The Supreme Court suggested the State of Madhya Pradesh

(MP) to reconsider its policy under which public prosecutors
are given increment based on the number of sentences
awarded in matters argued by them.

The apex court was hearing suo motu case to examine and
institutionalise process involved in collection of data and
information to decide award of sentence in death penalty
cases. The intention was to lay down guidelines to be
followed by courts across India while considering cases
involved awarding death penalty.

The Court had sought the assistance of Attorney General KK

Venugopal and also appointed advocate K Parameshwar as
Amicus Curiae.

Source: LiveLaw
 Statement Of Co-Accused Can't Be Sole Basis To
Convict Any Person: Gujarat High Court

Case Title: State Of Gujarat vs Ajaybhai Champaklal Champaneri

The Gujarat High Court has reiterated that Statement of the co-
accused or admission of the co-accused cannot be proved in
evidence against the maker of it and it cannot be sole base to
convict any person.

It also observed that the provisions of Sections 24-26 of the

Evidence Act 'clearly' restrict the acceptance of such confession
that are made or caused by inducement, threat, promise while
referring to the charge against Accused persons.
Source: LiveLaw
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