News Updates
Bar Council Of Delhi Challenges Single Judge's Order On Details Of Pending Complaints Against Advocates, High Court Issues Notice
Challenging the order of single judge directing it to provide details of all pending complaints before it, the Bar Council of Delhi (BCD) has argued before the Delhi High Court that the State Bar Councils and Bar Council of India (BCI) are not amenable to writ jurisdiction for their day to day matters relating to disciplinary proceedings.Justice Prathiba M Singh last month directed the BCD...
Nearly 120 Pleas Challenging Provisions Of Waqf Act Pending Before Various Courts: Centre To Delhi High Court
The Union of India has informed the Delhi High Court that nearly 120 petitions are pending before various courts across the country challenging the provisions of the Waqf Act, 1995.The submission was made in an application moved by the Central Government seeking extension of time for filing response to a public interest litigation filed by BJP leader and Advocate Ashwini Kumar...
No Distinction Between Retired & Inservice Employees For Prosecution Under Jammu & Kashmir Prevention Of Corruption Act: High Court
The Jammu and Kashmir and Ladakh High Court has made it clear that even retired employees of a Public Corporation can be be prosecuted under the Jammu & Kashmir Prevention of Corruption Act, if the circumstances so warrant.Justice Javed Iqbal Wani observed that Section2(2)(c) of the Act, which defines 'Public Servant', is wide enough to include inservice as well as retired...
Neither IO Nor Public Prosecutor's Office Seriously Followed Plea Against Anticipatory Bail Order: Gujarat High Court Ask State To Take Action
Observing that neither the Investigating Officer nor the Office of the Public Prosecutor seriously followed State's plea challenging the grant of anticipatory bail to an accused, the Gujarat High Court recently directed the Secretary, Home Department and Secretary, Legal Department to take appropriate action The single bench of Justice Umesh A. Trivedi observed:“From the papers, a sorry...
Mere NBFC Registration Not Enough Under Provision Of Service Tax For Levy: CESTAT
The Hyderabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that mere registration as an NBFC is not enough under the provision of service tax to levy.The two-member bench of Anil Choudhary (judicial member) and P. V. Subba Rao (technical member) has observed that the service provider should be both a company and have the principle business of...
BREAKING: Bombay High Court Recalls Registrar’s Notice Dismissing Thousands Of Cases Over Non-Removal Of Office Objections In 2022
In a significant ruling the Bombay High Court has recalled the Prothonotary & Senior Master’s September 15, 2022 notice dismissing civil suits filed before December 2021, in default, for non-removal of office objections within eight weeks.Justice Riyaz Chagla observed that the common notice couldn’t have been issued under Rule 986 of the Bombay High Court (O.S.) Rules, 1980 without...
NCLT Delhi Orders Dissolution Of M/S. Rajiv Sachdeva Cargo Agency Private Limited
NCLT Delhi Bench comprising of Shri Bachu Venkat Balram Das (Judicial Member) and Shri Rahul Bhatnagar (Technical Member) has ordered the dissolution of M/s. Rajiv Sachdeva Cargo Agency Private Limited (‘Company’) under Section 59 of Insolvency and Bankruptcy Code, 2016 read with Regulation 38(3) of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation...
NCLT Delhi Allows Voluntary Liquidation Of Mehra Bandhu Creations Private Limited
NCLT Delhi Bench comprising of Chief Justice (Retd.) Ramalingam Sudhakar (Judicial Member) and Shri Avinash Kumar Srivastava (Technical Member) has allowed the voluntary liquidation of Mehra Bandhu Creations Private Limited (‘Company’) and has ordered the Company to be dissolved under section 59(7) of the Insolvency & Bankruptcy Code, 2016 (‘IBC’) r/w Insolvency and...
Karnataka High Court Paves Way For De-Freezing Amnesty International's Bank Accounts, Says ED's 2018 Notice Was Valid Only For 60 Days
The Karnataka High Court recently quashed the communication issued by Enforcement Directorate (ED) in 2018 to banks, directing them to freeze accounts of NGO M/s Amnesty International (India) Private Limited, alleging violation of provisions of Foreign Exchange Management Act, 1999, (FEMA). A single judge bench of Justice K S Hemalekha said in view of Section 132 of the Income Tax Act,...
Aadhaar Linkage With Voter ID: Centre Extends Deadline Till March 31, 2024
The Central government has extended the deadline for linking Aadhaar card with Voter ID to March 31, 2024 from April 1, 2023. A notification to this effect was published yesterday.The Law Ministry had earlier clarified that linking Aadhaar with Voter ID is voluntary and consent of the elector is required to be obtained to link the same.The issue is pending consideration before the...
ITAT Bangalore Holds Expenditure Incurred By Flipkart Towards ESOP Is Eligible For Deduction Under S. 37 Of ITA
The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the appeal of Flipkart India against disallowance of over Rs.15.5 Crore of expenses claimed by it under Section 37 of the Income Tax Act, 1961, towards Employee Stock Ownership Plan (ESOP). Flipkart had claimed that the ESOP cross charge payments made to its Singapore based Holding Company...
Daughter Does Not Lose Right In Family Property Merely Because Dowry Was Paid At Her Marriage: Bombay High Court
The Goa bench of Bombay High Court held that daughter’s right to family property does not extinguish merely because she was provided dowry at her marriage.Justice MS Sonak quashed a Transfer Deed made by brothers transferring family property without the consent of the appellant sister."However, even if it is assumed that some dowry was provided to the daughters, that does not mean that...