[NDPS Act] Can Bail Be Granted In View Of Custody Period Without Satisfying Twin Conditions When Commercial Quantity Is Recovered? P&H HC Larger Bench To Decide

Taking note of the contradictory views of co-ordinate benches on applicability of Section 37(1)(b) of NDPS Act in bail matters where accused booked for possession of commercial quantity have been in custody for a long duration, a single bench of Punjab and Haryana High Court has referred the matter to the Chief Justice for constitution of a larger bench."In view of the difference of...

In A First, Kerala High Court Live Streams Hearing On Youtube

The Kerala High Court on Saturday live-streamed its proceedings on YouTube, for the very first time. The court held a special sitting on Saturday to hear a batch of petitions which challenged the Dewaswom Board notification inviting applications only from Malayala Bhramins for appointment as Melshanthi of Sabarimala.The matter was heard by the division bench comprising Justice Anil K....

'Regrettable State of Affairs': Bombay High Court Slams Maharashtra's State Mental Health Authority For Inaction

Observing a "regrettable state of affairs" at the State Mental Health Authority (SMHA) the Bombay High Court issued directions in a PIL seeking effective implementation of the Mental Health Care Act, 2017 in Maharashtra. On Friday, the counsel representing the State placed on record minutes of the meeting held by the SMHA in September, in compliance with the court's earlier order. ...

Service Tax Not Applicable On Amount Received As Discount From Vehicle Manufacturer By The Dealer: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the amount received as a discount or incentive from the vehicle manufacturer by the dealer is not liable for service tax.The two-member bench of Ramesh Nair (judicial member) and Raju (technical member) has observed that a dealer purchased the vehicles from Maruti Suzuki India Ltd....

498A IPC Case Can't Be Quashed Under Section 482 CrPC Merely Because Family Court Called Marriage Invalid In Maintenance Proceedings: Orissa HC

The Orissa High Court has held that charge under Section 498-A of the Indian Penal Code cannot be quashed in exercise of jurisdiction under Section 482 CrPC against a husband merely because Family Court while deciding an application for maintenance under Section 125 CrPC has given a finding that she is not his wife. While refusing to quash an order taking cognizance under Section...

Kantara Movie : Kerala Court Returns Second Plaint Filed Against Hombale Films, No Order Against "Varaharoopam" Song In Force Now

In relation to the copyright dispute regarding "Varaharoopam" song in the Kannada superhit movie "Kantara", the Palakkad District Court on Saturday returned the plaint filed by Mathrubhumi Printing and Publishing Company Ltd(MPPCL) against the film's producer Hombale Films citing lack of jurisdiction.The Palakkad District Court observed that the suit has to be filed before Kozhikode...

Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court

The Gujarat High Court has observed that the valuation of the husband's economic condition put forth by the wife, if not disputed by the husband (backed by appropriate materials), can be taken as a base to determine interim maintenance to the wife. The bench of Justice Umesh A Trivedi also observed that a husband is required to lead cogent evidence to prove that his wife leads an adulterous...

No Need Of Any "Occasion" For Receipt Of Gift By The Assessee: ITAT

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has held that there need not be any "occasion" for the assessee to receive a gift.The two-member bench of T.R. Senthil Kumar (judicial member) and Annapurna Gupta (accountant member) noted that the assessee received the gift from his own brother, who has been a non-resident since 1966. The allotment of shares was made under the...

Delhi Riots: Court Discharges Umar Khalid, Khalid Saifi In Khajuri Khas FIR

A Delhi Court on Saturday discharged student activist Umar Khalid and United Against Hate member Khalid Saifi in a case connected to the 2020 North East Delhi riots. Additional Sessions Judge Pulastya Pramachala pronounced the order today in FIR 101/2020 registered at Police Station Khajuri Khas.The court observed that the allegations made against Khalid and Saifi relate to an...

16-18 Year Olds In Romantic Relationships Know What They're Doing, Why Should We Prosecute Them: Justice Madan Lokur On POCSO Cases

Justice Madan B. Lokur, former judge of the Supreme Court, on Saturday said that there is a need for evolving a separate procedure for children while dealing with POCSO cases and also for the judiciary to engage in the process of case management to expedite decisions in such matters.Justice Lokur was speaking at an event organized by Delhi Commission for Protection of Child Rights (DCPCR)...

CESTAT Allows Customs Duty Refund Claim Paid Through DEPB Scrip

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has allowed the customs duty refund claim paid through the Duty Entitlement Pass Book (DEPB) scrip.The bench of Ajay Sharma (Judicial Member) has observed that the department has failed to establish through any kind of document or case law that debit of any amount under the DEPB scheme is not a mode of payment...

No Borrower Has Right To Grant Of One Time Settlement Scheme: Telangana High Court

The Telangana High Court relying on decision of Apex Court in Bijnor Urban Cooperative Bank Limited, Bijnor v. Meenal Agarwal, (2021) ruled that Banks have the freedom to accept or reject One-Time Settlement (OTS) proposals as per their commercial wisdom. "No bank can be compelled to accept a lesser amount under the One Time Settlement scheme despite a bank is able to...