News Updates
Printed Proforma Not Acceptable: Allahabad High Court Quashes Cognizance Order By Magistrate
Justice Shamim Ahmed of Allahabad High Court has quashed the cognizance/summon order passed by a Civil Judge finding the order was passed on a printed proforma by filling up the blanks, without application of judicial mind.The application was filed under section 482 of CrPC for quashing of summons order and the entire proceeding of criminal case filed under Sections 376, 313 of IPC.The...
'Woman's Consent To Stay In A Man's Company No Basis To Infer She Also Consented To Sexual Liaison': Delhi High Court
The Delhi High Court has said that merely because a woman consents to be in the company of a man, “regardless of for how long”, can never be the basis to infer that she had also consented to “sexual liaison” with him.Observing that a distinction needs to be articulated between a prosecutrix “consenting to a situation” vs. “consenting to sexual liaison,” Justice Anup...
No Disallowance Shall Be Made With Respect To Chargeable Sum Paid To A Foreign Company Without Deduction Of Tax: ITAT.
The Delhi Bench of Income Tax Appellate Tribunal has held that no disallowance shall be made to the assessee in regards to the chargeable sum paid by the assessee to a foreign company without deduction of tax. The division bench of N.K. Billaiya (Accountant Member) and Yogesh Kumar (Judicial Member) held that the second proviso to clause (i) of S. 40 of the Income Tax Act (IT)...
NRHM Accused Doctor’s Death: Allahabad HC Accepts CBI's Closure Report, Sets Aside Magistrate's Order Summoning 7 Accused To Face Murder Trial
The Bench of Allahabad High Court recently upheld the CBI inquiry report which found that the death of Dy CMO Dr. Y.S Sachin inside the Lucknow jail in June 2011 was suicidal and not homicidal.With this, the bench of Justice Dinesh Kumar Singh also quashed the summoning order of the magistrate against 7 retired/serving government officers to face the trial in connection with the murder of...
S.7 Migrant Immovable Property Act Requiring Surrender Of Property To Prefer Appeal Against Eviction In Tune With Peculiar Conditions Of J&K: High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that the condition to surrender the property for preferring an appeal under Section 7 of the Migrant Immovable Property Act 1997 against eviction order, was necessitated by the peculiar situation prevailing in the Union Territory of Jammu and Kashmir.The bench comprising Justices Rajnesh Oswal & Mohan Lal observed, "This...
Conversion Of Public Places Of Worship Into Residences By Caretakers Is Contrary To Law: Delhi High Court Orders Waqf Board To Secure Mosque Property
The Delhi High Court has ruled that conversion of public places of worship into residences and their occupation by persons, who take care of the places, is contrary to law.The Court was dealing with a writ petition filed by the one Zahir Ahmed, who came into occupation of a property located next to the Masjid Zabta Ganj in Delhi, due to his father’s position as an Imam of the mosque....
Arbitrator Can Declare Terms Of Contract Null, Even If No Declaration Is Sought By The Party In Its Pleadings: Delhi High Court
The Delhi High Court, while dealing with a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act), has rejected the contentions raised by the petitioner that the Award of the Majority Tribunal declaring the Clause providing for compound interest as null, was perverse since there were no pleadings made by the opposite party in its Statement of...
No Pre-Planning, First Time Offenders: Calcutta High Court Commutes Death Penalty In Triple Murder Case
The Calcutta High Court at Jalpaiguri recently commuted the death sentence awarded by the trial court to the convicts in a triple-murder case, to life imprisonment without remission for a period of 30 years,.A division bench of Justice Joymalya Bagchi and Justice Subhendu Samanta observed:“Presence of mitigating factors like lack of criminal antecedents play an important role to opt for a...
Delhi High Court Issues Notice On PIL Seeking Appointment Of Principals, VPs On Vacant Posts In Govt Schools
The Delhi High Court on Tuesday issued notice on a public interest litigation seeking appointment of Principals and Vice-Principals to the posts lying vacant in all government schools in the national capital. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response of the Delhi Government, Lt. Governor and State Council of Educational Research...
An Arbitration Award In Violation Of The Provisions Of The Indian Contracts Act Is Patently Illegal: Delhi High Court
The High Court of Delhi has held that an arbitration award that is passed in violation of the provisions of the Indian Contracts Act, 1872 would be liable to be set aside as suffering from patent illegality. The bench of Neena Bansal Krishna partially set aside an arbitration award that was passed in contravention of Sections 59-61 of the Indian Contracts Act, 1872. The Court...
Arbitrator’s Direction For Disclosure Of Not Relevant Information Is An Order Under S. 19 And Not 17 Of Arbitration Act: Bombay High Court
The Bombay High Court has ruled that no appeal is maintainable under Section 37 of the Arbitration and Conciliation Act, 1996 (A&C Act) against the order of the Arbitral Tribunal directing the party to disclose the contents of sealed envelope submitted by it at the time of tendering of evidence, since the same did not relate to the subject matter of arbitration nor was it a...
Kerala High Court Issues Additional Directions For Efficient Implementation Of Reservation For Differently Abled In Aided School Appointments
The Kerala High Court on Monday modified the order of a single bench that directed the State to give effect to its 2018 decision regarding reservation for employment in favour of persons with disabilities in aided educational institutions and also to take immediate steps to address the backlog in the appointments in the arising vacancies. The Division Bench comprising Justice P.B. Suresh...