News Updates
Resolution Professional Under IBC Will Come Within Meaning Of 'Public Servant' Under Prevention Of Corruption Act: Jharkhand High Court
A recent ruling of the Jharkhand High Court has made it clear that a Resolution Professional will be considered a public servant under both sections 2(c)(v) and (viii) of the Prevention of Corruption Act, 1988 (PC Act), because his office entails the performance of functions that are in the nature of public duty. A bench comprising Justice Gautam Kumar Choudhary passed the above...
Pension And Other Retirement Benefits Valuable Right, Delay In Disbursement Must Be Compensated By State: Patna High Court
In a recent ruling, the Patna High Court has allowed a writ petition seeking payment of pension arrears of the petitioner’s late husband along with statutory and penal interest for the period between March, 2009 to June, 2017 from the Water Resources Department.BackgroundThe petitioner's late husband was appointed as a Correspondence Clerk in the Water Resources Department in 1968 and...
Casual Approach Of Courts In Dealing With Attacks On Health Personnel Also Contributes To Tendency Of Resorting To Such Violence: Kerala High Court
The Kerala High Court recently set aside the bail granted by a sessions court to two persons who allegedly a attacked a doctor after a woman gave birth to a still-born child at the hospital.A single bench of Justice Bechu Kurian Thomas expressing concern about the continued attacks on doctors observed:“Doctors continue to face threats, when a mishap occurs to a patient. Even for the...
“Sikkimese” Is Only For The Purposes Of The Income-Tax Act, 1961, And Not For Any Other Purpose: CBDT Clarifies
The Central Board of Direct Taxes (CBDT) has clarified that the “Sikkimese” are defined only for the purposes of the Income-tax Act, 1961, and not for any other purpose.The amendment to section 10(26AAA) of the Income-tax Act, 1961 by the Finance Act, 2023 while following the decision of the Supreme Court in the case of Association of Old Settlers of Sikkim vs Union of India. The Apex...
Delhi High Court Quashes Service Tax Demand of Rs. 56.61 Crores Against MTNL
The Delhi High Court has quashed the service tax demand of Rs. 56.61 crores against Mahanagar Telephone Nigam Limited (MTNL).The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that MTNL had received the compensation during the financial year 2015-16, which was prior to May 14, 2016, i.e., the date on which the Finance Act, 2016, came into force and Clause (j) was...
Centre Amends IT Rules 2021 To Regulate Online Gaming
The Central Government has notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 aiming to regulate online gaming.Exercising power under Section 87(1), Section 87(2)(z) and Section 87(2)(zg) of the Information Technology Act it has amended the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,...
[Rise In COVID Cases] Madras High Court To Have Hybrid Hearings From April 10
In view of the rise in COVID cases in the country, the Madras High Court has decided to have hybrid mode of hearing both at the Principal bench and the Madurai bench, starting from April 10.In a notification issued by the Registrar General in charge M Jothiraman, it was informed that the decision has been taken as a precautionary measure to reduce the footfall inside the court premises....
Local Body Polls: Allahabad High Court Directs UP Govt To Upload OBC Commission's Report On Its Website In 4 Days
The Allahabad High Court has directed the Uttar Pradesh government to upload on its website the report prepared by the dedicated Uttar Pradesh Backward Classes Commission to study the representation of Other Backward Class (OBCs) in urban local bodies. It may be noted that the commission was set up in January this year tasked with the primary responsibility to collect empirical data on...
Bar Council Of Delhi Constitutes Special Committee To Draft Advocates Protection Act After Recent Attacks On Lawyers
The Bar Council of Delhi has constituted a special committee to draft the Advocates Protection Act for the safety of lawyers practicing in the national capital who are registered with the lawyers’ body. In view of the recent attacks on lawyers inside and outside courts, the Bar Council of Delhi in its meeting held today unanimously decided to constitute the committee to draft the...
Comment About PM: Allahabad HC Issues Notice To UP Govt On Congress Leader Pawan Khera's FIRs Quashing Plea
The Allahabad High Court today issued notice to the Uttar Pradesh Government on Congress Spokesperson Pawan Khera's plea seeking quashing of FIRs against him for his alleged 'Narendra Gautam Das Modi' Remark against Prime Minister Narendra Modi.Khera has moved the High Court days after Supreme Court clubbed the FIRs against him at Varanasi and Assam over the alleged comment and transferred...
Former PFI Chairman Withdraws Plea For Medical Bail From Delhi High Court, Liberty Granted To Approach Trial Court For Relief
The Delhi High Court on Thursday permitted former chairman of Popular Front of India (PFI) E Abubacker to withdraw his appeal challenging the order of the trial court rejecting his application seeking bail on medical grounds.A division bench of Justice Siddharth Mridul and Justice Purushaindra Kumar Kaurav granted liberty to Abubacker to approach the trial court seeking appropriate relief in...
'State Can't Shirk Duty To Ensure Citizens' Safety': P&H High Court Directs SSP To Consider Same-Sex Couple's Protection Request
Stressing that State Government cannot shirk its duty to ensure the safety of its citizens, Punjab and Haryana High Court recently directed the Senior Superintendent of Police, UT Chandigarh to examine the alleged threat perception of a same-sex couple and provide them security if needed.The bench of Justice Gurvinder Singh Gill passed this order on the plea of two women (21 and 24 years old)...