News Updates
Allahabad High Court Grants Bail To Accused In Money Laundering Case, Says Section 45 PMLA Not Applicable As Arrest Not Made Under Section 19
The Allahabad High Court on Monday granted bail to an accused in a case under the Prevention of Money Laundering Act (PMLA), observing that he was not arrested by the investigating agency under Section 19 of the PMLA and therefore rigours of Section 45 of the PMLA can't be made applicable. The regular bail application moved by the applicant was rejected by the trial court on the ground that...
Selling Of Alcoholic Liquor For Human Consumption Is A “Non-Taxable Supply”: AAR
The West Bengal Authority for Advance Ruling (AAR) has observed that the activities of selling alcoholic liquor for human consumption by the applicant would be treated as a "non-taxable supply" and therefore fall under the category of "exempt supply" under the GST Act.The two-member bench of Brajesh Kumar Singh and Joyjit Banik has ruled that the applicant is required to reverse input tax...
Jet Airways Fails To Comply With The Notices In spite Of Several Opportunities: ITAT Imposes Cost Of Rs. 25,000 Payable To PM Relief Fund
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that Jet Airways has failed to comply with the notices issued by the lower authorities in spite of several opportunities. Jet Airways was directed to pay a cost of Rs. 25,000 for being delinquent before the lower authorities which was to be paid to the Prime Minister’s Relief Fund within 30 days.The two-member...
Calcutta High Court Imposes ₹2000 Fine On Jail Superintendent For Keeping Undertrial Businessman In Hospital Despite Contrary Medical Opinion
The Calcutta High Court on Thursday imposed a fine of Rs. 2000/- on Superintendent, Presidency Correctional Home in a contempt proceeding for violating a court order by extending the comfort of hospitalisation to an undertrial who did not require institutional medical treatment.The division bench of Justice Ajay Kumar Gupta and Justice Joymala Bagchi observed:“The present case involves a...
'Swayamvar' A Fundamental Right Under Article 21, Its Roots Can Be Traced To Ramayana, Mahabharata: Punjab & Haryana High Court
In a significant observation, the Punjab and Haryana High Court last week said that Swayamvar i.e. marriage by one's own choice is not a modern phenomenon and that its roots can be traced in ancient history including holy books like Ramayana Mahabharata.Adding that Article 21 is enforcing this human right as a Fundamental Right, the bench of Justice Jagmohan Bansal quashed an FIR lodged against...
Delhi High Court Refuses To Restrain Ujoy From Using 'Bolt' Mark For EV Charging Services, Says Bolt Technology Has No Market Exposure In India
The Delhi High Court has refused to grant interim injunction in favour of Bolt Technology OU in relation to use of the mark ‘Bolt’ in EV (electric vehicle) charging stations in India by Ujoy Technology Private Limited.The court observed that since Bolt is not engaged in providing EV charging services anywhere in the world and has merely installed some EV charging stations in a handful...
NCLAT Delhi Stays Insolvency Proceedings Against Zee Entertainment Enterprises Ltd.
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Punit Goenka v Indusind Bank Ltd. & Anr., has stayed the NCLT order dated 22.02.2023, whereby Corporate Insolvency Resolution Process (“CIRP”) was initiated against...
NCLT Mumbai Initiates Insolvency Proceedings Against Siti Networks Ltd.
The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Ms. Madhu Sinha (Technical Member), while adjudicating an application filed in Indusind Bank Ltd. v Siti Networks Ltd., has initiated Corporate Insolvency Resolution Process (“CIRP”) against Zee Entertainment Enterprises Ltd. Mr. Rohit Mehra has been appointed as...
Gauhati High Court Reduces Sentence Of Man Convicted For Sexually Assaulting Minor Daughter After Modification In Trial Court Verdict
The Gauhati High Court on Thursday modified the judgement and sentence of trial court in a POCSO case in which a father was convicted for the offence of penetrative sexual assault on his 13-year-old daughter, on the ground that the offence was not proved beyond all reasonable doubt.The division bench of Justice Michael Zothankhuma and Justice Parthivjyoti Saikia took note of the...
Multiple Arbitrations By Arbitrator Involving The Same Co-operative Bank Under S. 84 Of MSCS Act; Not A Disqualification: Bombay High Court
The Bombay High Court has ruled that reference of more than two arbitrations to the same arbitrator under Section 84 of the Multi-State Co-operative Societies Act, 2002 (MSCS Act), involving the same Co-operative Bank, would not fall foul of clause 22 of Schedule V of the Arbitration and Conciliation Act, 1996 (A&C Act). Noting that in the statutory arbitration contemplated under...
Issuance Of Show Cause Notice Mandatory Under Rule 24 Of Kerala Minerals Rules, 2015: High Court
The Kerala High Court recently held that a show-cause notice is mandatory under Rule 24 of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015, before taking any action in cases relating to breach of conditions, prescribed in the license, by a dealer. Justice N. Nagaresh also said that the reply of such person ought to be considered in such cases....
NCLAT Extends Benefit Of Limitation Computation To Appeals Filed Between 01.11.2022 To 23.12.2022
On 24.12.2022 the National Company Law Appellate Tribunal (“NCLAT”) had issued fresh directions for computation of limitation for filing of appeals before NCLAT. Earlier the benefit of order dated 24.12.2022 was only available to appeals filed on and after 24.12.2022. However, the NCLAT vide an Order dated 21.02.2023 has extended the benefit of Order dated 24.12.2022 to appeals...