News Updates
Prisoners Have Fundamental Right To Get Compensation For Work Related Injuries Suffered In Jail: Delhi High Court Issues Guidelines
The Delhi High Court has issued a slew of guidelines for cases where an inmate or convict sustains work related injuries in prison, observing that there is no monitoring or remedial mechanism available to address such cases. Justice Swarana Kanta Sharma observed that when there is no employee or employer relationship between prisoners and jail authorities, such inmates must be provided...
YouTube Video Against HC Judges: Kerala High Court Seeks Personal Appearance Of KM Shajahan In Contempt Case
The Kerala High Court has directed K.M. Shajahan, the then private secretary of the former Chief Minister of Kerala V.S. Achuthanandan, to appear in person before the Court in the suo motu contempt proceedings that have been initiated against him for making serious allegations against High Court judges in a YouTube video. The Division Bench comprising Justice Anil K. Narendran and Justice...
Sikkim High Court Holds Full Court Reference To Condole Demise Of Former Chief Justice Ripusudan Dayal
The Sikkim High Court on Friday at 12:30 PM held a Full Court reference to condole the demise of Former Chief Justice of Sikkim High Court Justice Ripusudan Dayal. Justice Dayal passed away on 8th January. Chief Justice of Sikkim High Court Justice Biswanth Somadder made his obituary reference at the proceedings. Additional Advocate General for the State of Sikkim Dr Doma T. Bhutia and...
Gujarat High Court Permits Alleged Minor Rape Victim Insisting Termination Of Pregnancy 'At Her Own Risk'; Medical Board Immune From Any Litigation
The Gujarat High Court on Friday permitted an alleged rape victim (minor), who insisted to terminate her pregnancy of 19 weeks and 4 days despite the risks cited by the Medical Board, to do so at her own risk.Justice Ilesh J. Vora presiding the Court said that the doctors constituting the Medical Board will remain immune in the event of any litigation arising in this matter. It observed,"It...
Notification Under S. 5 of FTDR Act Can’t Be Applied Retrospectively To Refuse Advance Authorization To Importer: Delhi High Court
The Delhi High Court has ruled that a notification issued under Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (FTDR Act), which empowers the Central Government to formulate and announce the foreign trade policy, cannot be applied retrospectively by the Central Government. The bench of Justice Prathiba M. Singh held that once a notification issued under Section 5...
Family Court Does Not Have Jurisdiction To Entertain Claim For Defamation: Kerala High Court
The Kerala High Court on Wednesday held that a family court does not have the jurisdiction to entertain a claim for defamation. For a family court to assume jurisdiction, the dispute must have a proximate relationship to the marital relationship of the parties, the court observed. A division bench of Justice Anil K.Narendran and Justice P.G. Ajithkumar was hearing an appeal filed by the...
NCLT Mumbai Excludes Moratorium Period In Calculation Of Limitation
The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri Kishore Vemulapalli (Judicial Member) and Shri Manoj Kumar Dubey (Technical Member), while adjudicating a petition filed in Piramal Capital & Housing Finance Ltd. v Manpreet Developers Pvt. Ltd., has held that if an entity which itself was admitted into CIRP and has undergone moratorium, files...
Income Tax Dues Are Government Dues; Income Tax Authority Is A Secured Creditor: NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Principal Commissioner of Income Tax & Anr. v M/s Assam Company India Ltd., has held that the dues of the Income Tax dues are Government dues and Income Tax Authorities...
KSRTC's Stand That Housewife Earns No Income And Is Not Entitled To Compensation For Disability & Loss Of Amenities 'Outrageous': Kerala High Court
The Kerala High Court recently held that the monetary compensation to be awarded to a housewife who had been injured due to the reckless application of brakes while traveling in a Kerala State Road Transport Corporation (KSRTC) bus, would have to be measured and weighed on the same scales, as it would, had she been a working woman. "...the contentions of the KSRTC, that a housewife earns...
Mosquito Repellent 'Good Knight' Is An Insecticide, 4% VAT Applicable: Orissa High Court
The Orissa High Court has held that the mosquito repellent "Good Knight" sold by Godrej Sara Lee Ltd. is an insecticide.The division bench of Chief Justice S. Muralidhar and Justice M.S. Raman has upheld the order of the tribunal and noted that the mosquito repellant is an insecticide within the meaning of that expression in Entry 30 of Part II of Schedule B and, therefore, a 4% tax...
No Excise Duty Payable On Empty Barrels Used Only For Packing Material: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that no excise duty is payable on empty barrels used only for packing material.The two-member bench of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that the empty barrels are only packing materials in which the inputs are received, and these barrels are not...
Lawyers Should Not Rush To High Court For Every Small Thing, Digitization Of Trial Court Record A Must: Delhi High Court Judges
Giving a “judicial perspective” on the issue of long pendency of cases, Justice Jasmeet Singh and Justice Amit Sharma of Delhi High Court on Friday suggested ways to reduce the backlog.The judges were speaking at the “Coffee Conversation” organized by Delhi High Court Women Lawyers Forum. The topic of discussion of the event was "Role Of Bar In Reducing Arrear -...