News Updates
NCDRC Upholds Rs. 10 Lakh Compensation To Diabetes Patient Whose Fingers Were Amputated After Hospital Tied Her To Bed Overnight
The National Consumer Disputes Redressal Commission on Friday upheld the order of Delhi State Commission awarding Rs. 10 Lakhs compensation to a diabetes patient whose fingers were amputated after the hospital tied her to a bed overnight. The Presiding Member of the Commissioner Dr. S.M. Kantikar passed the order noting that, "there was failure of duty of care from the ICU staff in the...
Specific Relief Act | ‘Readiness’ Does Not Imply ‘Willingness’ Under Section 16 (c) : Kerala High Court
The Kerala High Court has held that ‘readiness’ and ‘willingness’ under Section 16 (c) of the Specific Relief Act, 1963 are distinct and one does not imply the other. The court observed that while readiness refers to the capacity of the plaintiff to enforce a contract, willingness refers to the conduct of the plaintiff warranting performance. According to the court, specific...
Sexual Assault Victim 'Confides' In School Counsellor 6 Yrs After Incident, Kerala POCSO Court Says Delay Not Fatal, Convicts 63-Yr-Old
The Fast Track Special Court (POCSO), Thiruvananthapuram has convicted a 63 year old man to 7 years imprisonment under the Section 9(m) r/w 10 of the POCSO Act, 2012 for sexually assaulting his 9 year old neighbour in the year 2014.The incident was disclosed 6 years later when the victim confided in her school counsellor. The Court found the delay of 6 years in registration of the FIR had...
Centre Notifies Appointment Of Justice Kotiswar Singh As Jammu & Kashmir & Ladakh High Court CJ
The Central Government has notified the appointment of Justice N. Kotiswar Singh as the Chief Justice of the High Court of Jammu & Kashmir and Ladakh.A notification to this effect reads, "In exercise of the powers conferred by clause (1) of Article 217 of the Constitution of India, the President is pleased to appoint Shri Justice Nongmeikapam Kotiswar Singh, Judge of the Gauhati High Court...
Centre Notifies Appointment Of Justice Sandeep Mehta As Chief Justice Of Gauhati High Court
The Central Government has notified appointment of Justice Sandeep Mehta, a judge of Rajasthan High Court, as Chief Justice of Gauhati High Court.Notifying appointment of judges as Chief Justices of four High Courts, Law Minister Kiren Rijiju’s tweet said: “As per the relevant provisions under the Constitution of India, the following Judges are appointed as Chief Justices of different...
Centre Notifies Appointment Of Justice Sonia Giridhar Gokani As Chief Justice Of Gujarat High Court
The Central Government has notified appointment of Justice Sonia Giridhar Gokani as Chief Justice of Gujarat High Court. She is presently serving as the Acing Chief Justice of the Gujarat High Court.Notifying appointment of judges as Chief Justices of four High Courts, Law Minister Kiren Rijiju’s tweet said: “As per the relevant provisions under the Constitution of India, the following...
CPC Not Applicable To Article 226 Proceedings, Court Can Decide Writ Petition On Merits Even Upon Non-Appearance Of Party: MP High Court
While hearing a review petition, the Madhya Pradesh High Court recently upheld its decision of deciding a writ petition in the absence of the Petitioner, observing that it was not mandated to follow the provisions of CPC in the proceedings under Article 226 of the Constitution. The bench comprising Justice Vivek Agarwal noted that it was not the intent of the legislature to require a...
Delhi High Court Weekly Round-Up: February 6 To February 12, 2023
Citations 2023 LiveLaw (Del) 121 to 2023 LiveLaw (Del) 144NOMINAL INDEXASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS 2023 LiveLaw (Del) 121LOUIS VUITTON MALLETIER vs CAPITAL GENERAL STORE & ORS. 2023 LiveLaw (Del) 122HP Cotton Textile Mills Ltd versus Oriental Insurance Company Ltd 2023 LiveLaw (Del) 123Ambrosia Corner House Pvt Ltd versus Hangro S Foods 2023 LiveLaw...
JKL High Court Reprimands Sr AAG For Misleading Court, Seeks Personal Affidavit Explaining His 'Unbecoming' Conduct
The Jammu and Kashmir and Ladakh High Court on Monday reprimanded Senior Additional Advocate General AR Malik for misleading the court by presenting the Additional District Commissioner as District Commissioner Anantnag. The latter had been summoned by the court in a petition challenging the eviction order passed by him against the petitioner.On 31st December, 2022, the court while granting...
Application For Summary Judgment Under CPC Maintainable Even After Conversion Of Summary Suit To Commercial Suit: Bombay High Court
The Bombay High Court recently held that the application for summary judgment before the Civil Court under Order 13-A of the CPC by a person, whose summary suit is converted to commercial suit, is maintainable.Justice Sandeep V. Marne held that such conversion would not cause the petitioner to lose both right to seek summary judgment under Order 13-A and pronouncement of judgment under Order...
No GST Applicable On Supply Of Vouchers: Karnataka High Court
The Karnataka High Court has ruled that vouchers do not fall under the category of goods and services and therefore, the issue and supply of vouchers would not attract GST. The bench of Justices P.S. Dinesh Kumar and T.G. Shivashankare Gowda remarked that vouchers, including Gift Vouchers and Cash Back Vouchers, are mere instruments accepted as consideration for supply of goods...
Expenses Incurred During Regular Course Of Business Cannot Be Treated As Capital Expenses: ITAT
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that expenses incurred during the regular course of business cannot be treated as capital expenses.The two-member bench of Yogesh Kumar US (Judicial Member) and Anil Chaturvedi (Accountant Member) has observed that the payment was made towards the professional fee, which includes monthly retainer fees for the...