News Updates
Invalid Assumption Of Jurisdiction: Orissa High Court Quashes Reassessment Notices Against Vedanta
The Orissa High Court has quashed the reassessment notice issued against Vedanta Resources Ltd. (VRL) on the grounds of an invalid assumption of jurisdiction.The division bench of Chief Justice Dr. S. Muralidhar and Justice M.S. Raman observed that under Section 127(2)(a), no transfer of jurisdiction can take place without affording the Assessee a reasonable opportunity of being heard in...
No Reason For AO To Believe Income Chargeable To Tax Escaped Assessment: Bombay High Court
The Bombay High Court has held that the development agreement permitted construction on the land only as a licensee, which did not have the effect of transmitting possession in favor of the licensee as per Section 53A of the Transfer of Property Act.The division bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that there was neither any tangible material nor any...
Arbitrator Who Accepted Brief Of Party’s Lawyer In An Unrelated Matter, No Clash of Interest Involved: Bombay High Court
The Bombay High Court has ruled that there is no clash of interest involved where the Arbitrator had acted as a counsel and represented the Advocate representing the opposite party, in another unrelated matter for some other client. The bench of Justice Bharati Dangre concluded that the disqualification connection, contemplated under Item 3 of Schedule VII of the Arbitration...
Private Complaint For Offences Under IPC, Other Laws Not Barred Under Section 37 Of M.P. Society Registrikaran Adhiniyam: Madhya Pradesh High Court
The Madhya Pradesh High Court recently observed that a private complaint alleging commission of offences under Indian Penal Code and other laws is maintainable and will not be barred under section 37 of M.P. Society Registrikaran Adhiniyam, 1973.The court had framed the question as to whether a complaint filed by a private party against members of a registered society is liable to be dismissed...
MP High Court Directs State Counsel To Ascertain From Video Purportedly Made By Rape 'Victim' Herself If The Act Was Consensual Or Against Will
After the alleged rape victim claimed that she herself made the video of the incident, the Madhya Pradesh High Court last week directed the State Counsel to watch the video and ascertain whether the victim's action reveals consent or resistance to the alleged act of rape."Learned counsel for the State is requested to call for the I.O. with the pen-drive and perused the same in the A.G....
State GST Authority Can’t Prosecute If The Central Authority Has Already Initiated Action: Madras High Court
The Madras High Court has held that the State Authority cannot prosecute the petitioner once again as the Central Authority has already initiated action against the petitioner in respect of the very same subject matter.The bench of Justice Abdul Quddhose has observed that the petitioner will have to participate in the personal hearing and state all his objections with regard to the...
'Pseudo Police Report' Filed U/S 173 CrPC Cannot Defeat Right Of Accused To Default Bail: JKL High Court
The Jammu and Kashmir and Ladakh High Court recently held that a 'pseudo police report' under section 173 CrPC, even if filed within time frame of section 167 CrPC, cannot be given legal sanctity to betray the statutory/default bail right of an accused in a case.A bench of Justice Rahul Bharti observed, "This right, upon getting accrued, is given straight away on asking of the entitled...
Lakhimpur Kheri Violence Case: Allahabad High Court Grants Short-Term Bail To Accused Ankit Das Till March 20
The Allahabad High Court has granted short-term bail to Lakhimpur Kheri Violence Accused Ankit Das till March 20 on the ground of parity with the co-accused Ashish Mishra (who was granted 8 weeks interim bail by the Supreme Court last month). The bench of Justice Rajesh Singh Chauhan ordered for his release on interim bail till March 20 on his filing a personal bond and two sureties each in...
JJ Act| 'Child In Conflict With Law Can't Seek Anticipatory Bail U/S 438 CrPC': Allahabad HC Disagrees With Bombay HC's 2022 Ruling
The Allahabad High Court has observed that a child in conflict with the law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) can not file an application under Section 438 of CrPC seeking anticipatory bail."In case, the provisions of Section 438 Cr.P.C. are allowed to hold the field in the matters of juvenile, the aim and object of the Act shall be defeated....
Penalty For Non Appearance - Not Valid If No Attempt To Evade Tax Is Made Out: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that non-appearance before the Information Collection Centre (ICC) cannot be made a ground to initiate penalty proceedings if no attempt to evade tax is made.The division bench of Justice Ritu Bahari and Justice Manisha Batra has observed that the driver had produced the documents at I.C.C. and subsequently, at the time of checking, he showed all...
Panchayat Elections | Delimitation Of Wards Complete, 5 Taluks & 1 District Increased: Karnataka Govt Tells High Court
The Karnataka government on Tuesday informed the High Court that the Karnataka Panchayat Raj Delimitation Commission has completed the exercise of delimitation of wards in the taluka and zilla panchayats.Advocate General Prabhuling K Navadgi submitted that the Commission has sent the final notification of delimitation to the state government on January 30. "The said final notification...
Clarification Sought By Arbitrator On Other Matters, Won’t Make Them Subject Of Arbitral Proceedings: Delhi High Court
The Delhi High Court has ruled that information and clarification sought by the Arbitral Tribunal on matters and dispute arising under other contracts, which do not form a part of the arbitral reference, will not alone make them the subject of arbitral proceedings. The bench of Justice Anup Jairam Bhambhani remarked that the letter issued by the Arbitrator, seeking information...