News Updates
[POCSO Act] Unilateral Bail Cancellation Without Hearing Accused Not Legal: Kerala High Court
The Kerala High Court on Wednesday reiterated that while hearing an application for cancellation of bail, even of an accused booked under the POCSO Act, an opportunity of hearing must be accorded to the accused.It condemned the action of a local Fast Track Court which cancelled the bail of the Petitioner herein, an accused under Sections 354A(I)(i) IPC and Sections 9 and 10 of the Protection...
Plaintiff Must Demonstrate Need For 'Urgent Interim Relief' To Avoid Pre-Litigation Mediation U/S 12A Commercial Courts Act: Calcutta High Court
The Calcutta High Court on Thursday in deciding an interlocutory application seeking leave to file a commercial suit without exhausting the remedy of mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 reaffirmed the position of law that the statutory scheme of Section 12A contemplates the prerequisite requirement of exhausting the remedy of...
Minor's Domestic Violence Application Cannot Be Dismissed On Maintainability After Her Attaining Majority: Calcutta High Court
In an important decision, the Calcutta High Court has made it clear that a domestic violence application filed by a minor under Section 12 of the Protection of Women from Domestic Violence Act, 2005, cannot be dismissed on the ground of maintainability, after she has attained majority.While it found that the application filed by a minor, not represented by her natural guardians or next friend,...
"I Was Very Upset About It": Law Minister Kiren Rijiju Criticises Supreme Court's Order Keeping In Abeyance The Sedition Law
Speaking at the India Today conclave in Mumbai, the Union Law Minister Kiren Rijiju on Friday said that he was 'upset' about the fact that the Supreme Court decided to 'strike down' the Sedition Law earlier this year despite the fact that Government had informed the Court that it was thinking to make changes to the Law.#SeditionLaw"We told the #SupremeCourt that the government is thinking...
"Collegium System Is Opaque & Unaccountable; Judges & Lawyers Also Think So": Union Law Minister Kiren Rijiju
Continuing to voice his opinion regarding the Collegium System on public forums, the Union Law Minister on Friday once again said that the System is opaque and the majority of the Judges also believe so.However, he did add that he has to work with this system despite not being satisfied with it till the Government comes out with an alternative mechanism. Law Minister Rijiju was speaking at...
Accused Can Claim Interim Custody Of Cattle Seized Under Prevention Of Animal Cruelty Act: Gauhati High Court
The Gauhati High Court has reiterated that an accused person can be handed over the interim custody of cattle seized consequent to an alleged offence under the Prevention of Cruelty to Animals Act, 1960 ('PCA Act').Single bench of Justice Robin Phukan found it worthwhile to reproduce the following observations of the Supreme Court in Manager, Pinjrapole Deudar & vs. Chakram Moraji Nat...
Sale Of Scrap By Trader, Not Engaged In Any Manufacturing Activity, Will Also Attract TCS: ITAT
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that sale of scrap by a trader, who is not engaged in any manufacturing activity from which the scrap arose, will also attract TCS. The Bench of Judicial Member Suchitra Kamble, after referring to the Circular No. 18, dated 21.05.2012, issued by the CBDT, held that for the applicability of TCS on sale of scrap,...
Arbitration, Invoked Without Authority, The Defect Can't Be Ratified With Fresh Board Resolution: Bombay High Court
The Bombay High Court has ruled that the issue whether the arbitration was invoked and the Statement of Claim was filed, by a person duly authorized by the claimant, goes to the root of the matter, with respect to which the arbitral tribunal may make a final arbitral award. Thus, the Court held that the order passed by the arbitral tribunal, granting a choice to the claimant to prove...
'Jana Gana Mana' And 'Vande Mataram' Stand On Same Level, Every Citizen Should Show Equal Respect To Both: Centre To Delhi High Court
The Centre has told Delhi High Court that both Jana Gana Mana and Vande Mataram stand on the same level and that every citizen of the country should show equal respect to both. "National song occupies a unique and special place in the emotions and psyche of the people of India," the Ministry of Home Affairs said in its response to a PIL moved by BJP Leader and Advocate Ashwini Kumar...
Use Of Word 'Mediation' In Arbitration Clause Is Immaterial, Clause Does Not Lose Its Character : Delhi High Court
The Delhi High Court has held that nomenclature of an arbitration clause is immaterial when all the elements are present. The bench of Justice Prateek Jalan held that an arbitration clause would not loose its character merely because the word 'mediation' has been used as its nomenclature. It held that, in construction of a contractual clause, the Court should be guided by the...
Lodha Committee Recommendations On BCCI Reforms Not Applicable To District Cricket Association Elections: Kerala High Court
The Kerala High Court has said that Justice R.M. Lodha Committee recommendations do not apply to the district cricket association elections. Justice N. Nagaresh in a judgement delivered on Monday said the Committee and the apex court in Board of Control for Cricket v. Cricket Association of Bihar and others intended to make reforms in the governance of BCCI and bring the state...
Delhi High Court Condones Delay In Payments Under VSV Due To Covid and Death Of Managing Director
The Delhi High Court, while exercising its extraordinary writ jurisdiction under Article 226 of the Constitution of India, has condoned the delay in payments under Direct Tax Vivad Se Vishwas (VSV) due to COVID and the death of the managing director of the company.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the power to condone the delay...