All High Courts
Reducing Grant Of Aided Institutions Affects Students' Education, Requires Adhering To Natural Justice Principles: Rajasthan High Court
The Jaipur bench of the Rajasthan High Court has said that Section 7(1) of the Rajasthan Non-Government Educational Institutions Act–which states that grant in aid cannot be claimed as a matter of right by institutions and can be halted anytime by the state–comes into play only at the initial stage when the aid gets sanctioned. Once such aid has been granted, any subsequent...
[MSMED Act] Statutory Authority Can Only Entertain Dispute If Supplier Was Registered Under The Act During Relevant Period: Madras HC
The Madras High Court recently ruled that the statutory authority under the Micro, Small, Medium, Enterprises Development Act, 2006 would have jurisdiction to entertain disputes only when the supplier had been registered under the Act at the relevant point of time. Justice K Kumaresh Babu thus allowed an application filed by Swiss Garniers Genexiaa Sciences Pvt Ltd to waive off...
Receipt Of Arbitral Award By Party A Sine Qua Non For Limitation U/S 34(3) To Begin, General Clauses Act Does Not Apply: Allahabad High Court
The Allahabad High Court has held that receipt of the award by the party is a sine qua non for limitation under Section 34(3) of the Arbitration and Conciliation Act, 1996 to begin and definition of “service by post” under Section 27 of the General Clauses does not apply.The Court observed that Section 27 of the General Clauses Act which defined service by post in a Central Legislation if...
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...
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...
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...
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...
Police Cannot Order Freezing Of Bank Account Without Quantifying Amount Involved In Financial Fraud, Violates Right To Trade: Madras HC
The Madras High Court has recently ruled that the investigating agency cannot order freezing the entire bank account of a person involved in a financial fraud without quantifying the amount involved in the fraud. Justice G Jayachandran ruled that such orders freezing the entire amount would be construed as a violation of the fundamental right of trade and business as well as a violation...