High Courts
Tax Department Can't Create Charge On Property Of Corporate Debtor During Currency Of Moratorium Imposed By NCLT: Himachal Pradesh HC
The Himachal High Court held that once the corporate debtor is directed to be liquidated by the NCLT u/s 33(5) of Insolvency & Bankruptcy Code (IBC), no legal proceeding could be instituted by or against him by the Tax Authorities.Thus, the High Court clarified that the red entry/charge created by the Revenue Department on the property of the petitioner-company during the currency of...
Madras High Court Junks Plea Seeking Special Benches For Hearing Cases Against Public Spirited Persons, Journalists & Youtubers
The Madras High Court has dismissed a public interest litigation seeking the constitution of special benches for hearing cases related to public-spirited persons, journalists, and YouTubers. The bench of Acting Chief Justice D Krishnakumar and Justice PB Balaji said that no person had a right to invoke the court's jurisdiction under Article 226 of the Constitution seeking a direction...
Proper Officer Has No Evidence That Taxpayer Did Not Exist At Principal Place Of Business: Delhi HC Quashes Order Cancelling GST Registration With Retro Effect
Pointing out that the order cancelling the petitioner's GST registration with retrospective effect does not indicate any reason except referring to the SCN, the Delhi High Court quashed the said order and permitted the petitioner to file a response to the SCN.The Division Bench of Justice Vibhu Bakhru and Justice Sachin Datta observed that “letter sent by Deputy Commissioner (Anti Evasion)...
In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court
The Madras High Court has observed that the trial courts should not, on its own, extend the time for filing written statements after the expiry of 30 days. The court said that the courts could extend the time only at the request of the defendant which was made in writing containing reasons. The court added that condoning delay on its own would be contrary to Order 8 Rule 1 of...
Bombay HC Seeks Affidavit Of State High Power Committee Secretary On Steps To Rehabilitate Residents Of Sanjay Gandhi National Park Area
The Bombay High Court has directed the Secretary of State High Power Committee, which was constituted to prepare measures to rehabilitate entitled residents in Sanjay Gandhi National Park, to file an affidavit regarding the steps taken by the Committee to ensure rehabilitation.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar also asked the Advocate General...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: September 16 - September 22, 2024
Nominal Index:Dr Tanveer Hussain Khan & Ors Vs Andleeba Rehman & Ors 2024 LiveLaw (JKL) 260Talib Hussain @ Javied Vs UT of J&K 2024 LiveLaw (JKL) 261Ashraf Ali @ Shiffu Vs Union Territory of Jammu and Kashmir 2024 LiveLaw (JKL) 262Khursheed Ahmad Chohan VS UT of J&K 2024 LiveLaw (JKL) 263Sh. Vijay Sharma Vs U.T of Jammu and Kashmir 2024 LiveLaw (JKL) 264Shagufta Bano V/S UT...
Taking Steps Like 'Screen Readers' To Make Website Disabled Friendly: Trademark Controller General's Office To Karnataka High Court
The Office of the Controller General of Patents, Designs and Trademarks told the Karnataka High Court recently that it is taking steps to ensure that its websites are made accessible to Persons with Disabilities (PwD), in line with prevailing Guidelines issued by the Union of India.Taking note of the submission, the high court disposed of a plea seeking that websites of the patent, designs...
Victim's Right To Anonymity Prevails Over Public's Right To Information, Punjab & Haryana High Court Upholds "Restricted Category" Orders
Observing that "the right of victim to remain anonymous cannot be allowed to be sacrificed at the altar of right to information," the Punjab & Haryana High Court dismissed a plea challenging its Executive Committee's decision to restrict uploading of orders or case details (on the High Court website) of sensitive matters relating to crime against woman, Juvenile Justice Act,...
Malayalam Film Director Akhil Marar Booked For Discouraging Contributions To CM Disaster Relief Fund Moves High Court For Anticipatory Bail
The Kerala High Court has sought State's stand in the anticipatory bail plea filed by Malayalam film director Akhil Marar, booked for discouraging contributions to the Chief Minister's Disaster Relief Fund (CMDRF), through his statements following the Wayanad landslides in July.The matter came before the bench of Justice C. S. Dias, which asked the Public Prosecutor to seek instructions.Marar...
NI Act | Company Can Be Summoned Through Person In-Charge Of Its Affairs, No Separate Summon To The Company Required: Allahabad High Court
The Allahabad High Court has held that a company is juristic person can be summoned through the person in-charge of its affairs and if such a juristic person summoned through the person in-charge, it cannot be said that the company has not been summoned for trial under the Negotiable Instruments Act, 1881.The Court held that once company is also made a party to the proceedings under Section...
"God Forbid Us": Bombay High Court Voices Concern Over Accused Being Released On Technical Grounds, Even In Serious Offences
"God forbid us if we go by the technicalities" the Bombay High Court remarked on Monday while expressing anguish over the fact that in several serious offences, accused are released only on a technical ground that the investigating officer did not give them the 'grounds of arrest' in writing.The remark was made by a bench of Justices Bharati Dangre and Manjusha Deshpande while hearing a...
CPI(M) Leader MM Lawrence's Body Donation: Kerala High Court Asks Medical College Principal To Consider Daughter's Objection
Asha Lawrence, daughter of veteran CPI(M) leader MM Lawrence has approached the Kerala High Court aggrieved by the decision of her siblings and the CPI(M) to hand over her father's body to the Ernakulam Government Medical College hospital.Justice V G Arun directed the Principal of Government Medical College, Kalamaserry, Ernakulam to consider the objections submitted by the petitioner...