Increase In Salary Of Statutory Body's Office Bearers A Policy Decision, Courts Should Not Interfere Unless Manifestly Arbitrary: Delhi High Court

The Delhi High Court has observed that increase in salaries of office bearers of a Commission is a policy decision of the State and the courts should refrain from interfering with the same unless it is found to be manifestly arbitrary or unreasonable.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad made the observation while dismissing an appeal filed by...

Monthly Digest Of IBC Cases: October 2022

Supreme CourtDiscretion Of NCLT Under Section 7(5) IBC - Observations In 'Vidarbha Industries' Made In Context Of Case: Supreme Court Refuses ReviewCase Title : Axis Bank Ltd versus Vidarbha Industries Power Ltd Case No.: 2022 LiveLaw (SC) 817, RP (Civil) 1043/2022 The Supreme Court Bench comprising of Justices Indira Banerjee and JK Maheshwari held that there is no ground to...

CBDT Notifies Krea University To Be Eligible For Income Tax Deduction

The Central Board of Direct Taxes (CBDT) has approved Krea University, Sricity, Chittoor under the category of "University, College or other institution' for research in "Social science or Statistical research" and allowed income tax deduction."In exercise of the powers conferred by clause (iii) of sub-section (1) of section 35 of the Income-tax Act, 1961 (43 of 1961) read with Rules 5C and 5E...

Taking DNA Samples Of Rape Accused Does Not Violate His Constitutional Right Against Self-Incrimination: Kerala High Court

The Kerala High Court on Friday ruled that the protection guaranteed under Article 20(3) of the Constitution of India does not extend to protecting an accused from being compelled to give his blood sample during the investigation of a criminal case. Justice Kauser Edappagath said the privilege of Article 20(3) is applicable only to testimonial evidence and drawing DNA samples from the body of...

Delhi High Court Orders Delisting Of Cookware With 'Amul' Name From Online Platforms

The Delhi High Court has ordered delisting of the cookware, being sold by a businessman under 'Amul' name, from the e-commerce platforms in a trademark infringement suit filed by the manufacturers of popular dairy brand Amul. Justice Pratibha M Singh directed Maruti Metals, the cookware and pressure cooker manufacturer, to write to the e-commerce platforms selling its products for removal of...

Karnataka High Court Quashes POCSO Case Against Muslim Man For Impregnating Minor Wife

The Karnataka High Court has quashed the POCSO case registered against a Muslim man for impregnating his minor wife. The matter was put to rest after a settlement between the accused and the victim, who was married to him as per the Mohammedan Law. The order was passed by Justice K.Natarajan on 10th October, two days before another single bench of the High Court declared that POCSO...

Allahabad High Court Rejects Prayer Of Murder Accused To Conduct Their Own, Complainant's NARCO Analysis Test

The Allahabad High Court recently rejected the prayer of certain murder accused who sought a brain mapping test/NARCO/lie detector test upon themselves as well as the complainant so as to contract out the truth of the case.The bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori however, clarified that if the Investigating Officer, on his own, decides to get the said tests conducted,...

Child Raised In Orphanage Cannot Be Declared As "Orphan" Under JJ Act If Biological Parents Are Alive: Bombay High Court

Children though brought up in an orphanage cannot be declared as 'orphans' as defined under Section 2(42) of the Juvenile Justice Care and Act, 2015 if their biological parents are alive, the Bombay High Court held. "X and Y would not be termed as 'orphan' as defined under Section 2(42) of the Act, 2015 in as much as their biological mothers are alive." The bench of Justices...

Homoeopathy Effective But Expert Bodies Like ICMR Best Judge Of Medical Protocol In Pandemic: Delhi High Court

Dismissing a public interest litigation seeking directions for permitting homoeopathic treatment of mild COVID-19 cases, the Delhi High Court Tuesday said expert bodies like Indian Council of Medical Research (ICMR) are the best judge to decide and accord approval in respect of medical protocol."It is not for the Courts to comment upon the medical protocols and the guidelines framed on...

Bombay High Court Weekly Round-Up: October 24 To October 30, 2022

Nominal Index [Citation 407 – 417] 1. Yogesh Subhash Panchal v. Mohd. Hussain Malik and Ors. 2022 LiveLaw (Bom) 407 2. Baburao s/o. Deorao Khole v. State of Maharashtra and Ors 2022 LiveLaw (Bom) 408 3. Nalini Nagnath Uphalkar v. Nagnath Mahadev Uphalkar 2022 LiveLaw (Bom) 409 4. Kalpataru Limited versus Middle Class Friends Co-operative Housing Society Limited 2022...

Admission of Appeals As A Condition Precedent To Be Eligible For Settlement Under Vivad Se Vishwas Scheme Is Contrary To Law: Delhi High Court

The Delhi High Court has ruled that the Central Board of Direct Taxes (CBDT) FAQ No. 59 of Circular No.21/2020 dated December 4, 2020, which contemplates admission of appeal before the filing of declaration as a condition precedent for the appeal to be treated as pending and eligible for settlement under the Vivad Se Vishwas Scheme (VSV Act) is contrary to law.The division bench of...

"Filing False Cases Against Husband Is Cruelty": P&H High Court Grants Divorce To Man, ₹10 Lakh As Permanent Alimony To Wife

The Punjab and Haryana High Court recently decreed a divorce plea filed by a man after holding that the act of the wife of filing false and frivolous cases against her husband amounted to cruelty.However, keeping in view the requirements of the wife, the bench of Justice Ritu Bahri and Justice Nidhi Gupta further granted permanent alimony of Rs. 10 Lakh to the wife as a full and final...