News Updates
Senior Bureaucrats Of Uttar Pradesh Govt Taking No Action, Keeping Matters Pending On Judicial Infrastructure: Allahabad High Court 7 Judges Bench
Observing that no action was being taken by Uttar Pradesh government's senior bureaucrats despite its repeated orders regarding serious issues of infrastructure in state's courts, the Allahabad High Court in a stern order has said none else than Chief Secretary will file his affidavit in the matter and a senior officer of the State will remain present in the court to assist the Advocate...
Arbitration Cases Weekly Round-Up: 30 October To 5 November, 2022
Supreme Court: Issue Of Arbitrability Should Be Left To Arbitrator Unless On The Face It Is Found That Dispute Is Non- Arbitrable: Supreme Court Case Title: VGP Marine Kingdom Pvt Ltd versus Kay Ellen Arnold The Supreme Court reiterated that while considering application under Section 11(6) of the Arbitration and Conciliation Act, the dispute with respect to the arbitrability...
Tax Cases Weekly Round-Up: 30 October To 5 November 2022
Supreme CourtIndustrial Townships Are "Local Areas" For Entry Tax Levy By States Though They Are Excluded From Municipalities : Supreme Court Case Title: OCL India Limited vs State of Orissa Citation: 2022 LiveLaw (SC) 911 The Supreme Court upheld States' power to impose entry tax from Industrial Township/Areas. The bench of CJI UU Lalit, Justices S. Ravindra Bhat and J...
'Enacted After Following Due Procedure': Centre Opposes Plea Challenging Vires Of Surrogacy Act, ART Act In Delhi High Court
Centre has opposed a plea challenging the vires of the Assisted Reproductive Technology (Regulation) Act, 2021 and the Surrogacy (Regulation) Act, 2021, arguing that both the Acts have been enacted following due procedure established by law.Seeking dismissal of the plea, Centre through Ministry of Health and Family Welfare has submitted that both the Acts have been enacted to ensure that...
Karnataka High Court Quarterly Digest: July To September, 2022 [Citations 238 - 385]
Nominal Index: DADA S/O BALU ROOGE v. APPASAHEB S/O KIRAN KESTE. 2022 LiveLaw (Kar) 238 Sudarshan Ramesh v. Union Of India. 2022 LiveLaw (Kar) 239 THE UNIVERSITY OF AGRICULTURAL SCIENCES v. DR. DIGAMBARAPPA, & others. 2022 LiveLaw (Kar) 240 Sadik Khan @Sadik v State of Karnataka. 2022 LiveLaw (Kar) 241 PRABHUNAIKA K.T v. STATE OF KARNATAKA, 2022 LiveLaw (Kar)...
State Electricity Regulatory Commission Not Empowered To Adjudicate Issues Related To Electricity Theft: Gujarat High Court
The Gujarat High Court has observed that the Electricity Regulatory Commission of the state can not adjudicate the electricity theft issues in the exercise of its powers under, the Electricity Act, 2003. The bench of Justice Nirzar S. Desai was dealing with a plea challenging an order of the Gujarat Electricity Regulatory Commission dismissing a plea moved by the petitioner challenging before...
Delhi High Court Weekly Round-Up: October 31 To November 6, 2022
Citations 2022 [LiveLaw (Del) 1022 TO 2022 LiveLaw (Del) 1049]NOMINAL INDEXMR SANJAY CHADHA TRADING AS M/S EVEREADY TOOLS EMPORIUM v. UNION OF INDIA & ORS. 2022 LiveLaw (Del) 1022Sorin Group Italia S.R.L. v. Neeraj Garg 2022 LiveLaw (Del) 1023FRANKFINN AVIATION SERVICES PRIVATE LIMITED vs TATA SIA AIRLINES LTD. 2022 LiveLaw (Del) 1024DELHI ROZI ROTI ADHIKAR ABHIYAN v. RAJESH AHUJA...
'Higher Standards Of Probity Expected From IPR Lawyers': Delhi High Court Restrains Kolkata Law Firm From Using Identical Logo
The Delhi High Court has said that there is a duty cast upon the legal professionals, particularly Intellectual Property Rights (IPR) lawyers, to ensure that they do not imitate or adopt a name or logo already used by others offering similar services."This Court is of the opinion that higher standards of probity would be expected, from lawyers and legal professionals especially IPR...
Manipur High Court Denies Bail To Man Accused Of Conspiring To Secede From India To Establish 'Kukiland'
The Manipur High Court on Wednesday denied bail to bail to a man who has been accused of being a part of an organization formed allegedly with the sole objective of seceding from the Indian State to establish their so-called Kukiland comprising of different parts of Bangladesh, Myanmar, and India.The bench of Justice M. V. Muralidaran denied bail to 39-year-old Mark Thangmang Haokip prima...
'No Specific Allegation Of False Promise of Marriage': Kerala High Court Quashes Rape Case Against Lawyer
Quashing a rape case against a lawyer, the Kerala High Court on Thursday said there is no specific allegation in the prosecutrix's statement that he had given a false promise to marry her based on which she had been induced into a sexual relationship. The prosecution case was that the accused had sexual intercourse with the woman on the basis of a false promise of marriage. Though the woman...
Expenses Towards Advertisement, Brokerage And Commission, Incurred By A Real Estate Developer; Deductible As Revenue Expenditure: Delhi High Court
The Delhi High Court has ruled that advertisement expenses, Software Developing Charges, and expenses towards brokerage and commission, incurred by a real estate developer, are in the nature of general administration cost and selling cost, as classified by the Guidance Note issued by the ICAI. Thus, they qualify for deduction as revenue expenditure. The bench of Justices Manmohan...
No Mala Fide Intent To Evade Service Tax: CESTAT Quashes Penalty
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has deleted the penalty and held that the service provider receiving a commission in lieu of providing "business auxiliary services" from Adarsh Credit Cooperative Society did not have a mala fide intention to evade service tax.The bench of Rachna Gupta (Judicial Member) has held that the entire amount...