News Updates
NCLT Mumbai Bench Re-Constituted W.E.F 10th April 2023
The National Company Law Tribunal (“NCLT”) has released a Circular dated 10.04.2023, notifying that the Bench of Court No. 1 in NCLT Mumbai has been re-constituted with effect from 10.04.2023.The re-constituted NCLT Mumbai Bench shall comprise of:NCLT Mumbai, Court Room No. 1 (First Half)Shri H.V. Subba Rao (Judicial Member)Ms. Anju Jagmohan Singh (Technical Member)File...
Defamation Case| Bringing Congress Leaders To File Appeal Is Rahul Gandhi's 'Immature Act' Of Pressurizing Court: Purnesh Modi To Surat Court
Opposing Rahul Gandhi's appeal before Surat challenging his conviction in the Modi Surname Remark Case, the Complainant in the case, Purnesh Modi today filed a reply in the Court calling his act of bringing several leaders to Surat to file an appeal as his 'immature act' to pressurize the court.Modi, a BJP MLA, in his reply filed before the sessions court, said that Gandhi came in a rally...
Ahead of Eid And Parshuram Jayanti, PIL Before Gujarat High Court Seeks Strict Security Arrangements During Religious Processions
Ahead of the upcoming festivals of Eid and Parshuram Jayanti on April 22, a public interest litigation has been filed in the Gujarat High Court seeking strict security arrangements during religious processions to prevent any incident of violence in the State.The PIL has been moved by Azajkhan Hamidkhan Pathan, a 36-year-old social worker, alleging inaction on the part of the Gujrat Government...
Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal
While acquitting a person who was convicted in 2005 under the NDPS Act, the Uttarakhand High Court said non-compliance of Section 50 of the Act makes sufficient case for acquittal.Justice Alok Kumar Verma said that, “Appellant was not informed of his legal right (to be searched in the presence of the Gazetted Officer or Magistrate), therefore, non-compliance of Section 50 of the Act,...
'No Usurpation In Office, Eligible For Post': Kerala High Court Upholds Appointment Of Prof Venkateshwarlu As Central University VC
The Kerala High Court on Tuesday dismissed a batch of petitions that challenged the appointment of Prof. H Venkateshwarlu as the Vice Chancellor of the Central University of Kerala.A division bench of Chief Justice S Manikumar and Justice Murali Purushothaman held that the selection and appointment of the VC was as per the provisions of the Central Universities Act, 2009 and the...
CESTAT Allows CENVAT Credit Of Service Tax Paid On Corporate Membership Of Club
The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Mumbai, has allowed the CENVAT credit of service tax paid on corporate memberships of clubs.The bench of Anil G. Shakkarwar (Technical) has observed that corporate membership of the club is utilized for business meetings and sales meetings, and therefore, for the period prior to April 1, 2011, service tax paid on...
Twitter Defends Foreign Entity's Right To Appear Before Indian Courts, Says Blocking Users Effectively Blocks Content That Isn't Even Generated
The Karnataka High Court was on Wednesday informed by Twitter Inc. that Article 3 of the US Constitution confers a Constitutional Right on Foreign National to get access to courts in the United States. A single judge bench of Justice Krishan S Dixit had on Monday sought a clarification from the microblogging site on how laws of other countries including that of the United States of America...
Income Tax Exemption On The Voluntarily Payment Made By The Employer To The Employee Out Of Appreciation: ITAT
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has held that the payment has been made voluntarily by them out of appreciation for the employee and thus falls outside the rigours of Section 17(3)(iii) of the Income Tax Act.The two-member bench of R.S. Syal (Vice President) and Partha Sarathi Chaudhury (Judicial Member) has observed that the department could not produce any...
Mere Existence Of Blacklisting Clause In Work Agreement Doesn't Entitle Supplies Corporation To Blacklist Supplier Without Notice: Andhra Pradesh HC
The Andhra Pradesh High Court has said that mere existence of a clause in the work agreement empowering the State Civil Supplies Corporation to blacklist a supplier would not entitle the Corporation to go ahead with the blacklisting without serving a notice expressing its mind to blacklist the supplier.Justice Ravi Nath Tilhari made the observation while quashing the Corporation’s order...
"Can't Travel Beyond Original Judgment": Jammu & Kashmir HC Rejects Contempt Plea Against Health Dept For Excluding AYUSH Doctors From Performance Incentives
The Jammu and Kashmir and Ladakh High Court recently refused to initiate contempt action against officials of National Rural Health Mission (NRHM) for exclusion of AYUSH doctors from grant of performance based incentives offered to MBBS doctors.The contempt plea was based on a 2014 judgment of the High Court holding that doctors under AYUSH system and MBBS doctors serve similar roles and...
Orissa High Court Monthly Digest: March 2023
Nominal Index [Citations 30 -50]1. Prangya Paramita Harichandan v. Orissa University of Agriculture and Technology & Ors., 2023 LiveLaw (Ori) 30 2. Amrita Ray v. State of Odisha & Ors., 2023 LiveLaw (Ori) 31 3. M/s. Unideep Food Processing (P) Ltd. v. ITAT, 2023 LiveLaw (Ori) 32 4. Laxmi Sahu v. State of Odisha & Ors., 2023 LiveLaw (Ori) 33 5. M/s. Unideep Food Processing (P)...
Excise Policy: Delhi High Court Seeks ED’s Response On Bail Plea Of Vijay Nair In Money Laundering Case
The Delhi High Court on Wednesday sought response of Enforcement Directorate (ED) on the bail plea moved by Aam Aadmi Party communications-in-charge Vijay Nair in a money laundering case in relation to national capital's excise policy of 2021-22.Justice Dinesh Kumar Sharma issued notice on Nair’s plea and listed the matter for hearing on May 19. In his plea moved through Advocate...