News Updates
There Cannot Be A Fresh FIR On Receipt Of Every Subsequent Information In Respect To The Same Case: Bombay HC [Read Judgment]
The Bombay High Court has held that there cannot be a fresh FIR on receipt of every subsequent information in respect of the same cognizable offence or the same incident giving rise to one or more cognizable offences.The division bench of Justices AS Oka and Anuja Prabhudessai were examining whether a second FIR can be registered in a case where the investigation has been completed and...
Second Detention Order Under Bihar Control Of Crimes Act Conditional: SC [Read Judgment]
It is the date of the revocation order and not the date of the original order of detention that is referred to, the Bench said.The Supreme Court, in Ananth Singh vs State of Bihar, has held that a second detention order under the Bihar Control of Crimes Act, 1981, can only be passed on fresh grounds that arise after the order of revocation.Restating the dictum in Hadibandhu Das vs...
SC Upholds Quashing Of ‘Hereditary Employment’ Scheme For SCCL Employees [Read Order]
HC had observed that scheme is a device to perpetuate succession.In a blow to Singareni Collieries Company Limited (SCCL) employees, the Supreme Court has upheld the Andhra Pradesh High Court judgment which had quashed ‘hereditary jobs’ scheme for SCCL employees.Last November, Singareni Collieries Company Limited (SCCL) had revived the scheme of jobs on heredity basis for existing...
Foreign Liquor Licence: Law In Force On Which Formal, Final Decision Is Taken By Competent Authority Is Alone Relevant: SC [Read Judgment]
The law in force on the date at which a formal, final decision is taken by the competent authority, alone would be applicable to consider grant of foreign liquor licence, the Supreme Court has held in State of Kerala vs M/s Palakkad Heritage Hotels.A bench comprising Justice Dipak Misra and Justice AM Khanwilkar set aside a Kerala High Court judgment, which had held that law to be applied...
Sale Of Entire Business As Running Concern Can’t Be Considered ‘Short-Term Capital Assets’: SC [Read Judgment]
Section 50 (2) of the Income Tax Act would apply to a case where the assessee transfers one or more block of assets, the bench held.The Supreme Court, in Commissioner of Income Tax, Ahmedabad, vs Equinox Solution Pvt Ltd, has held that Section 50 (2) of the Income Tax Act will not apply to a case where the entire running business with assets and liabilities is sold by the assessee in one go,...
Is There A Policy Or Scheme For Children Born To Victims Of Rape? Bombay HC Asks State Government
The Bombay High Court today asked the state government whether there was a policy or scheme in place for children born to victims of rape.The division bench of Justice Ranjit More and Justice Anuja Prabhudessai also sought to know whether the state is contemplating an increase in the compensation to be provided under the Manodhairya Scheme.Manodhairya Scheme was launched on October 2, 2013,...
Failing To Deposit Court Fees Due To Demonitisation: MP HC Allows The Applicant To Deposit It [Read Order]
A single bench of Madhya Pradesh High Court has allowed an applicant to deposit a requisite court fees in a criminal complaint case after he prayed due to demonetization he was unable to deposit it following financial constraints.The demonetization was in force from October 2016 to December 2016.The court quashed the order dated 17.1.2017 passed by the Judicial Magistrate First Class.The...
Income Tax Return Details Can’t Be Disclosed Through RTI: CIC [Read Order]
The Central Information Commission (CIC) has upheld an order rejecting an RTI application seeking details of income tax returns of a person on the ground that the disclosure would cause unwarranted invasion to the privacy of the assessee.Information Commissioner Bimal Julka was considering an appeal against an order of first appellate authority (FAA) which had upheld the denial of details...
SC Lists Conditions To Be Met For Admitting Appeal Against CESTAT Order [Read Judgment]
Refuses to admit SAIL appeal against CESTAT order.The Supreme Court, in Steel Authority of India Ltd vs Designated Authority, Directorate General Of Anti-Dumping & Allied Duties & Ors, has observed that the following conditions must be satisfied before admitting an appeal under Section 130 E (b) of the Customs Act against an order of the Customs, Excise and Service Tax Appellate...
Delhi HC Permanently Restrains Two Ola, Uber Driver Unions From Strike
As Delhi gears up for another Ola/Uber strike on Tuesday, the Delhi High Court did its bit to provide the city’s denizens with some relief.Justice Rajiv Sahai Endlaw permanently restrained two taxi drivers’ unions from interfering in any services offered by taxi aggregators Ola and Uber in NCR.The two unions - Sarvodaya Driver Association and Rajdhani Tourist Driver Union - are connected...
Daiichi Opposes Religare Health Insurance Stake Sale
The high-profile arbitration case between Japanese company Daiichi Sankyo Ltd and former promoters of Ranbaxy Laboratories Ltd came up before the Delhi High Court on Monday before Justice Muralidhar.Senior counsel CA Sundaram, appearing for Daiichi, opposed the potential 80 per cent stake sale of Religare Health Insurance Co Ltd by Malvinder Singh and Shivender Singh, former promoters...
TVF Founder Arunabh Kumar Gets Anticipatory Bail In Sexual Harassment Case
The Dindoshi sessions court on Monday granted anticipatory bail to CEO of The Viral Fever (TVF) Arunabh Kumar in cases of sexual harassment registered against him.On March 29, an FIR was lodged at a police station in Andheri booking Kumar for offences punishable under Sections 354 A (sexual harassment) and 509 (word, gesture or act intended to insult the modesty of a woman) of the Indian...