Bombay High Court Takes Suo Motu Cognisance of Police Brutality on Lawyer In Goa's Porvorim

Taking suo motu cognisance of an incident of alleged assault on a lawyer by constables of Porvorim police station, the Bombay High Court at Goa has issued notice to the State government and Director General of Police, Goa.A division bench of Justice MS Sonak and Bharat Deshmpande directed the State to file a preliminary affidavit apprising the Court of steps taken in the matter, and the...

Kerala High Court Grants Anticipatory Bail To Snake Catcher Vava Suresh Accused Of Exhibiting 'Highly Poisonous Cobra' At Kozhikode College

The Kerala High Court on Friday granted anticipatory bail to snake catcher Vava Suresh in a case registered against him for allegedly displaying a venomous snake at an event in Government Medical College, Kozhikode.Justice Viju Abraham said custodial interrogation of the petitioner may not be required for the purpose of investigation and only a limited custody be granted for the said...

Invoking CIRP Would Not Make The Dispute Non-Arbitrable : Delhi High Court

The High Court of Delhi has held that the dispute would not become non-arbitrable merely because the petitioner, before filing the application for appointment of arbitrator, has filed a corporate insolvency application under Section 9 of the IBC. The Court rejected the argument that since the petitioner has filed insolvency application which can only be filed for admitted debt and...

Morality Of Dominant Classes Influences Law Making : CJI DY Chandrachud

The Chief Justice of India D. Y. Chandrachud on Saturday said that Dr. Ambedkar was making a revolutionary statement by dressing in a three-piece suit to reclaim his community's identity. "When Dr. B. R. Ambedkar dressed in a three-piece suit, he was making a revolutionary statement. He crushed the code of conduct that was prescribed by the oppressor caste through his clothing choices...

MOU Terminating The Main Agreement Containing The Arbitration Clause Can Be Referred To Arbitration: Delhi High Court

The High Court of has held that a dispute arising out of an Memorandum of Understanding (MoU) or Memorandum of Settlement (MoS), wherein no arbitration clause is present, can be referred to arbitration if these agreements were directly linked to the main agreement. The bench of Justice Mini Pushkarna held that dispute arising out of any subsequent agreement that arises out of the...

Employees' Contribution To PF Cannot Be Disallowed Merely On The Basis Of Auditor's Statement: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition made by the Centralised Processing Centre (CPC) towards employees' contributions to the Provident Fund (PF) based on the tax auditor's statement reporting the delay in employee contribution remittances.The two-member bench of Aby T. Varkey (Judicial Member) and M. Balaganesh (Accountant Member) has observed...

Can Recall Section 11 A&C Act Order, If It Suffers From Patent And Manifest Error: Delhi High Court

The Delhi High Court has ruled that the power exercised by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) is not merely an administrative function but a judicial power, and that the Court does not cease to be a Court of Record while exercising power under Section 11. Thus, the bench of Justice Yashwant Varma held that the High Court...

Failure To Disclose All Material Facts Is Essential To Issue Reassessment Notice: Bombay High Court

The Bombay High Court at Goa has held that failure to disclose fully and truly all material facts is an essential jurisdictional parameter that must be fulfilled before any notice can be issued for reopening the assessment proceedings after the expiration of four years from the end of the relevant assessment year.The division bench of Justice M.S. Sonak and Justice Bharat P. Deshpande...

No Clause For Payment Of Interest, OC Can't Add Interest Only To Cross Threshold Limit Of 1 Crore: NCLT Kolkata

The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rohit Kapoor (Judicial Member) and Shri Balraj Joshi (Technical Member), while adjudicating a petition filed in Khatunaresh Impex Pvt. Ltd. v Jindal (India) Limited, has held that in absence of any contract or agreement between Parties which provides for payment of interest to the Operational Creditor...

Delhi High Court Refuses To Release Laptop, Computer, Documents, Seized By DGGI During Search

The Delhi High Court has refused to release laptops, computers, documents, and other things that were seized by the Directorate General of GST Intelligence (DGGI) during the search.The single bench of Justice Prathiba M. Singh has observed that the "documents, books, or things" can be retained for a maximum period of four and a half years, within which period the notice has to be issued,...

Delhi High Court Allows Deduction Of Expenses Undertaken Under the CSR Endeavour u/s 37 Of The Income Tax Act

The Delhi High Court has allowed the deduction of expenses undertaken under the Corporate Social Responsibility (CSR) endeavor under Section 37 of the Income Tax Act, 1961.The division bench of Justice Rajeev Shakdher and Justice Tara Vitasta Ganju has observed that the memorandum, which was published along with Finance (No. 2) Bill 2014, clearly indicated that the amendment would take...

Allahabad High Court Punishes DC of Income Tax, For Contempt, Imposes Fine With Imprisonment For A Week

The Allahabad High Court ruled that the outstanding amount showing on the web portal against the applicant/assessee was to be deleted immediately following the judgment, but the authorities allowed the outstanding amount to remain on the web portal for seven months, clearly violating the judgment.The single bench of Justice Irshad Ali has imposed a fine of Rs. 25,000 along with...