News Updates
Allahabad High Court Restrains UP Govt From Engaging Anganwadi Workers In Any Other Work Including Election Duty
The Allahabad High Court has restrained the UP Government, block-level officers, and various other departments from passing any orders for the engagement of Anganwadi Workers in any other work/duty including election duty."...this Court is of the considered view that work which is being discharged by Anganwadi Workers is of considerable importance, looking into the fact that in one block there...
Refusal To Register As IP Due To Low Cibil Score And NI Act Proceedings, Gujarat High Court Sets Aside Order
The Gujarat High Court, Ahmedabad Bench, comprising of Justice Biren Vaishnav, while adjudicating a petition filed in Gundeep Singh Sood v Insolvency Professional Agency Of Institute Of Cost Accountants Of India, has set aside an order passed by IPA ICAI refusing registration to an applicant on the ground of low CIBIL Score and pending proceedings under Negotiable Instruments...
Tribunal Not To Enter Into Evidence And Record Findings Like A Civil Court: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Avneet Goyal v Radha Kishan Gobind Ram Ltd., has held that Tribunal does have not to enter into evidence and record findings like a...
Kerala High Court Weekly Round-Up: November 21 To November 27, 2022
Nominal Index [Citation: 2022 LiveLaw (Ker) 603-617]Mani C Kappen v. Sunny Joseph & Ors. 2022 LiveLaw(Ker) 603Kuriachan Chacko & Ors v. State of Kerala & Ors. and Joy John & Anr v. State of Kerala & Ors. 2022 LiveLaw (Ker) 604Suo Motu v. Baiju Kottarakkara 2022 LiveLaw (Ker) 605Suhadath K.K. v. Shihab K.B. & Anr. 2022 LiveLaw (Ker) 606Aswin Krishna Prasad v. State...
NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court
The Delhi High Court has said that the question whether non-compliance of Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the process of arrest, search and seizure vitiates the trial is to be seen at the stage of trial and cannot have any bearing on grant of bail. The court said though the authorities cannot ignore statutory rigours of the provisions especially when...
Delhi High Court Weekly Round-Up: November 21 To November 27, 2022
Citations [2022 LiveLaw (Del) 1094 TO 2022 LiveLaw (Del) 1124]NOMINAL INDEXVidhur Bhardwaj versus Horizon Crest India Real Estate & Ors. 2022 LiveLaw (Del) 1094Kapil Goel v. Ram Dulare Yadav 2022 LiveLaw (Del) 1095FUTURE COUPONS PRIVATE LIMITED & ORS. v. AMAZON.COM NV INVESTMENT HOLDINGS LLC & ANR. 2022 LiveLaw (Del) 1096M/s Hetampuria Tax Fab versus M/s Daksh Enterprises 2022...
Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial As Nullity: Delhi High Court
The Delhi High Court has held that any infirmity in the cheque return memo does not render the entire trial under Section 138 of the Negotiable Instruments Act as nullity.Observing that cheque return memo is a memo informing the payee and its banker about the dishonour of a cheque, Justice Sudhir Kumar Jain said if the said cheque return memo is not bearing any official stamp of the bank, it...
2019 Jamia Violence: As Police Fails To Send Case File To SPP For Months, Delhi Court Seeks Explanation From DCP Crime Branch
In a case connected to the violence that broke out at Jamia Millia Islamia University in December 2019, a Delhi Court has sought an explanation from DCP Crime Branch for failing to inform a Special Public Prosecutor about the case for nearly a year since his appointment. "It is pertinent to note that the matter has been pending since 2019, and the Ld. Spl PP has been appointed since...
No GST Exemption On Sub-Contract Services To Educational Boards: Telangana AAAR
The Telangana Appellate Authority of Advance Ruling (AAAR) has ruled that there is no GST exemption on sub-contract services to educational boards.The two-member bench of B.V. Sivanaga and Neetu Prasad has observed that the exemption would be available when the services are provided "to" an educational institution for services relating to admission to or the conduct of examination by...
DTVSV Act Is A Remedial Statute; Neither A Taxing Statute Nor Amnesty Act: Delhi High Court
The Delhi High Court has held that the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act) is neither a taxing statute nor an amnesty act. It is a remedial or beneficial statute.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that any ambiguity in a taxing statute ensures the benefit of the assessee, but any ambiguity in the amnesty act or exemption...
Satyendar Jain Was Given Preferential Treatment In Tihar Jail, Supply Of Fruits & Vegetables Was In Violation Of Prison Rules: Delhi Court
Dismissing AAP leader Satyendar Jain's application seeking various food items as per his religious beliefs, a Delhi Court on Saturday said that Tihar Jail officials extended "preferential treatment" to him by providing him fruits and vegetables in violation of Delhi Prison Rules.Jain is presently in judicial custody in Tihar Jail in connection with a money laundering case being probed by...
Borrower's Knowledge About Secured Creditor's Recovery Measures Relevant To Reckon Statutory Period U/S 17(1) SARFAESI Act: Calcutta HC
The Calcutta High Court on Thursday, in hearing a writ petition seeking quashing of a certificate of sale issued under the SARFAESI Act ("Act"), has ruled that the statutory time period of forty-five days as prescribed under S.17(1) of the Act must be given purposive construction. The instant matter arose out of recovery proceedings instituted u/s 13 of the Act against the writ...