High Courts
PMLA Accused Need Not Be Produced Before Special Court Within 24 Hours If Arrested From Judicial Custody: Madras High Court
The Madras High Court recently dismissed the petition filed by former DMK functionary Jaffer Sadiq challenging his arrest by the Enforcement Directorate in connection with a PMLA case. The bench of Justice SM Subramaniam and Justice V Sivagnanam noted that requirements under the Act had been met when Sadiq, who was already in judicial custody, was formally arrested. Thus, the...
Liquor Policy: Delhi High Court Grants Bail To Amandeep Singh Dhall, Amit Arora
The Delhi High Court on Tuesday granted bail to businessmen Amandeep Singh Dhall and Amit Arora in the money laundering case connected to the alleged excise policy scam case.Justice Neena Bansal Krishna pronounced the judgment and allowed the regular bail pleas filed by Dhall and Arora. Arora was granted interim bail on medical grounds in August. He is the director of Gurugram-based company...
Plea In Delhi High Court Challenging S.14(1)(d) Of Delhi Rent Control Act Over Differentiation Between Residential And Non-Residential Premises
A petition has been filed in the Delhi High Court challenging Section 14(1)(d) of the Delhi Rent Control Act (DRC Act).Section 14(1)(d) prohibits any court/controller from passing an order or decree in favour of the landlord against a tenant, for recovery of possession of any premises, if the premises were let out to be used as a residence and if neither the tenant nor his family members...
Kerala High Court To Consider Whether Entry Tax/Fee Can Be Collected At Check Posts For Bringing In Eggs From Other States
A plea has been moved before the Kerala High Court challenging the action of authorities at the check posts for collecting entry fees/tax for bringing eggs from other States.The petitioners are running a business of egg stocking, packing and sales. The Director of Animal Husbandry issued an order on July 31, 2024, establishing a check post-entry fee of two paisa per egg. The petitioners...
Accused Must Be Given A Legibile Copy Of Statement Recorded By Magistrate U/S 164 CrPC: Kerala High Court
The Kerala High Court held that an accused should be given a legible copy of the Section 164 statement before the start of trial as he has the statutory right to use those statements to contradict the maker of the statement during cross-examination.For context, a Section 164 statement is a statement or confession recorded by the Magistrate under Section 164 of CrPC.The petitioner in this case...
HC Can Entertain Plea U/S 528 BNSS To Monitor Probe By Forming SIT But Sufficient Cause For Not Approaching Magistrate Should Be Shown: P&H HC
The Punjab & Haryana High Court has made it clear that a High Court under Section 528 BNSS can entertain a plea for registering an FIR and monitoring an investigation by forming a Special Investigating Team (SIT) but the complainant should show a sufficient reason for not approaching the Ilaqa Magistrate firstJustice Sumeet Goel said, "In a given case, if the facts/circumstances so...
NCLT Order Prevails Over GST Demand, Even If State Is Not Notified About Pending NCLT Proceedings: Andhra Pradesh High Court
The Andhra Pradesh High Court stated that National Company Law Tribunal (NCLT) order prevails over Goods and Services Tax (GST) demand, even if the state government is not notified about the pending NCLT proceedings. The Division Bench of Justices R. Raghunandan Rao and Harinath N. observed that “the contention of the department that the order of NCLT is not binding on the State...
Delhi High Court Orders Interim Restraint On Transfer Of Late Oberoi Group Chairman's Company Shares In Daughter's Suit Against Family Members
In an interim order passed last week, the Delhi High Court has restrained the transfer of Oberoi group's former chairman late PRS Oberoi's shares in EIH Limited–which runs the Oberoi and Trident hotel chain–and its two holding companies, except one specific class of shares, after Oberoi's daughter moved a lawsuit seeking an injunction on the said transfer. A single-judge bench of...
Bombay High Court Weekly Round-Up: September 9 - September 15, 2024
Citations: 2024 LiveLaw (Bom) 466 To 2024 LiveLaw (Bom) 477Sete Mares Global Forex Private Limited v. Union of India, 2024 LiveLaw (Bom) 466Mahesh Motiram Kumbhar vs State of Maharashtra, 2024 LiveLaw (Bom) 467Nandkishor Sahu vs Sanjeevani Patil, 2024 LiveLaw (Bom) 468Miss XYZ vs State of Maharashtra, 2024 LiveLaw (Bom) 469Dilkhush Shrigiriwar vs State of Maharashtra, 2024 LiveLaw...
While Quashing Case For Abetment To Suicide, Court Must Apply Test Of How Normal Person Would React When Faced With 'Incidents Of Harassment': P&H HC
The Punjab & Haryana High Court has said that while quashing FIR on abetment to suicide the Court must test how a normal person would react to the alleged incidents of harassment.The Court quashed the FIR lodged on abetment to suicide for allegedly compelling the deceased to end his life on account of harassment he faced because the accused persons refused to pay his dues.Justice Jasjit...
Treaty Provisions Prevails Over Income Tax Act – Receipts From Aircraft Leasing Is Not Taxable As Royalty: Delhi High Court
The Delhi High Court held that consideration received by Assessee from aircraft leasing activity is not taxable as royalty either u/s 9(1)(vi) of Income Tax Act or under India-Ireland DTAA. Under section 9(1)(vi) of the Income tax Act, royalty payable by the Indian Government to any non-resident, shall always be deemed to accrue or arise in India, without any exception. In such a...
Land Acquisition Act | Once Market Value Of Land Is Determined On Evidence, Reference Court Not Justified In Reducing Compensation: P&H High Court
The Punjab & Haryana High Court said that the reference court cannot reduce compensation for land acquisition merely on the assertion of the party when the market value has already been decided on evidence under the Land Acquisition Act, 1898.Justice Rajbir Sehrawat said, "Once the market value has been determined on the basis of the evidence led on file, the reference court is not...