News Updates
Bombay High Court Quashes Income Tax Proceedings On The Ground That S. 148 Notice Was Served On Secondary Email Id Provided In PAN
The Bombay High Court has set aside the proceedings initiated by the revenue authorities against the assessee for non-compliance of the reassessment notice issued under Section 148 of the Income Tax Act, 1961, on the ground that the notice was served on the secondary email id registered with the PAN database instead of the registered primary email id or the updated email id mentioned by...
Delhi High Court Monthly Digest - February 2023 [Citations 103 - 186]
Citations 2023 LiveLaw (Del) 103 to 2023 LiveLaw (Del) 186NOMINAL INDEXPink City Expressways Pvt Ltd versus Aaron Security & Services Pvt Ltd 2023 LiveLaw (Del) 103GMR Pochanpalli Expressways Limited v. NHAI 2023 LiveLaw (Del) 104M/s Raj Chawla and Co. Stock & Share Brokers versus M/s Nine Media & Information Services Ltd. & Anr. 2023 LiveLaw (Del) 105SONAM RAWAL v. UNIVERSITY...
[Maharashtra Prison Rules] Set Off & Remission Included For Calculating Period Of Incarceration To Determine Parole Eligibility: High Court
The Bombay High Court held that the period of incarceration that prisoner has undergone has to be calculated including the period of set off and remission to determine eligibility for parole or furlough under the Maharashtra Prison (Parole and Furlough) Rules.A division bench of Justice Vinay Joshi and Justice Valmiki SA Menezes sitting at Nagpur while setting aside rejection of a...
'Poor Labourer' : Supreme Court Reduces Fine Amount From Rs 2 Lakhs To Rs 50K For Rape-Murder Convict; Upholds Life Sentence
The Supreme Court on Tuesday reduced the fine amount from Rs. 2 lakhs to Rs. 50,000 to a daily wage labourer who was convicted of murder and rape of a minor girl. However, the Court did not interfere with the life sentence imposed on him by the trial court. A Bench of Justices Ravindra Bhat and Dipankar Datta noted that the convict came from a financially strapped background....
Legal Services Authority Misinterpreted: Karnataka High Court Quashes Notices Demanding Excess Sitting Fees Drawn By Former Lok Adalat Member
The Karnataka High Court has quashed the Demand notice/Communications issued by the Karnataka State Legal Services Authority, (KSLSA) and District Legal Services Authority (DLSA), to a former (now deceased) Member of the Permanent Lok Adalat, seeking to recover excess sitting fees drawn by him.A single judge bench of Justice Jyoti Mulimani allowing the petition filed by B. Ranganath...
Once Teacher Is Appointed To Sanctioned Post In Aided School, Govt Cannot Refuse Approval Citing Fall In Student Strength: Madras High Court
While dismissing an appeal filed by the State of Tamil Nadu, the Madras High Court recently observed that once a teacher is appointed to a sanctioned post in an aided school, the Government cannot refuse its approval.Justice R Subramanian and Justice K Govindarajan Thilakavadi further noted that while deciding the number of teachers to be appointed, what has to be looked into is the number...
Supreme Court To Hear On March 28 MP Navneet Kaur Rana's Plea Against Bombay HC Judgment Cancelling Caste Certificate
The Supreme Court will hear on March 28 MP Navneet Kaur Rana's challenge against the Bombay High Court order which had set aside her caste certificate.Observing that the Amravati MP had committed 'systematic fraud', the Bombay High Court cancelled her caste certificate and the Caste Scrutiny Committee's (CSC) 2017 order validating her claim of belonging to the 'Mochi' Schedule Caste. She had...
Merely Because The Borrower Is An MSME, It Would Not Be Governed By The Arbitral Mechanism Provided Under MSMED Act: Gujarat High Court
The Gujarat High Court has ruled that merely because the borrower is an MSME, it would not be governed by the provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), including the arbitral mechanism envisaged under the said Act. The bench of Justice Biren Vaishnav observed that though, as per the mechanism provided under the MSMED Act, the dispute...
Maharashtra Govt's Tender For Sanitary Pad Incinerator Challenged For Flouting Waste Management Rules, NGT Pune Issues Notice
The National Green Tribunal, Pune has issued notice to the Maharashtra government in an application challenging the temperature of incineration provided in its tender for installation of incinerators for sanitary pads in 9,940 schools in the State.Schedule II of the Solid Waste Management Rules, 2016 provides for a minimum temperature of 950 degree Celsius in an incinerator. It also...
NBDSA Finds News18 India & Zee News Guilty For Communally Charged Programs; Slams TimesNow For Wrong 'Pro-Pak' Slogan Report
The News Broadcasting & Digital Standards Authority (NBDSA) on Monday found news channels News18India and Zee News guilty of airing communally charged programs.The body found Zee News liable for depicting the issue of over-population by targeting the Muslim community and selectively sharing statistics.The complainant had alleged that the channel broadcasted visuals of large Muslim crowds...
Leniency Cannot Be Shown When Officers Of State Are Accused Of Heinous Crimes : Kerala High Court
The Kerala High Court while refusing bail to two army personnel held that when the accused is an officer of the State, "leniency is not the sanction of law, instead rigidity is the rule of law" . A single bench of Justice A.Badharudeen was hearing an anticipatory bail application where initially the offences registered against the petitioners were bailable, but subsequently the...
Defences Of ‘Pre-Existing Dispute’ Or ‘No Amount Due’ Can Be Raised Directly In Reply To Section 9 Application: NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Greymatter Entertainment Pvt. Ltd. v Pro Sportify Pvt. Ltd., has held that IBC does not prevent the Corporate Debtor from establishing defences of ‘Pre-existing dispute’...