News Updates
NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court
The Delhi High Court has said that the question whether non-compliance of Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the process of arrest, search and seizure vitiates the trial is to be seen at the stage of trial and cannot have any bearing on grant of bail. The court said though the authorities cannot ignore statutory rigours of the provisions especially when...
Delhi High Court Weekly Round-Up: November 21 To November 27, 2022
Citations [2022 LiveLaw (Del) 1094 TO 2022 LiveLaw (Del) 1124]NOMINAL INDEXVidhur Bhardwaj versus Horizon Crest India Real Estate & Ors. 2022 LiveLaw (Del) 1094Kapil Goel v. Ram Dulare Yadav 2022 LiveLaw (Del) 1095FUTURE COUPONS PRIVATE LIMITED & ORS. v. AMAZON.COM NV INVESTMENT HOLDINGS LLC & ANR. 2022 LiveLaw (Del) 1096M/s Hetampuria Tax Fab versus M/s Daksh Enterprises 2022...
Section 138 NI Act | Infirmity In Cheque Return Memo Does Not Render Entire Trial As Nullity: Delhi High Court
The Delhi High Court has held that any infirmity in the cheque return memo does not render the entire trial under Section 138 of the Negotiable Instruments Act as nullity.Observing that cheque return memo is a memo informing the payee and its banker about the dishonour of a cheque, Justice Sudhir Kumar Jain said if the said cheque return memo is not bearing any official stamp of the bank, it...
2019 Jamia Violence: As Police Fails To Send Case File To SPP For Months, Delhi Court Seeks Explanation From DCP Crime Branch
In a case connected to the violence that broke out at Jamia Millia Islamia University in December 2019, a Delhi Court has sought an explanation from DCP Crime Branch for failing to inform a Special Public Prosecutor about the case for nearly a year since his appointment. "It is pertinent to note that the matter has been pending since 2019, and the Ld. Spl PP has been appointed since...
No GST Exemption On Sub-Contract Services To Educational Boards: Telangana AAAR
The Telangana Appellate Authority of Advance Ruling (AAAR) has ruled that there is no GST exemption on sub-contract services to educational boards.The two-member bench of B.V. Sivanaga and Neetu Prasad has observed that the exemption would be available when the services are provided "to" an educational institution for services relating to admission to or the conduct of examination by...
DTVSV Act Is A Remedial Statute; Neither A Taxing Statute Nor Amnesty Act: Delhi High Court
The Delhi High Court has held that the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act) is neither a taxing statute nor an amnesty act. It is a remedial or beneficial statute.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that any ambiguity in a taxing statute ensures the benefit of the assessee, but any ambiguity in the amnesty act or exemption...
Satyendar Jain Was Given Preferential Treatment In Tihar Jail, Supply Of Fruits & Vegetables Was In Violation Of Prison Rules: Delhi Court
Dismissing AAP leader Satyendar Jain's application seeking various food items as per his religious beliefs, a Delhi Court on Saturday said that Tihar Jail officials extended "preferential treatment" to him by providing him fruits and vegetables in violation of Delhi Prison Rules.Jain is presently in judicial custody in Tihar Jail in connection with a money laundering case being probed by...
Borrower's Knowledge About Secured Creditor's Recovery Measures Relevant To Reckon Statutory Period U/S 17(1) SARFAESI Act: Calcutta HC
The Calcutta High Court on Thursday, in hearing a writ petition seeking quashing of a certificate of sale issued under the SARFAESI Act ("Act"), has ruled that the statutory time period of forty-five days as prescribed under S.17(1) of the Act must be given purposive construction. The instant matter arose out of recovery proceedings instituted u/s 13 of the Act against the writ...
Applications Under Sections 438 And 439 CrPC Not Maintainable For Offences Under Karnataka Protection of Interest of Depositors Act: High Court
The Karnataka High Court has said that a petition under Section 438 (anticipatory bail) or 439 (bail) of CrPC is not maintainable when offences under Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (KPIDFE) are incorporated in the FIR. A single judge bench of Justice Rajendra Badamikar said that an accused aggrieved by dismissal of bail plea has remedy...
Punjab and Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy Of 26 Weeks
Allowing a 17-year-old rape victim to get her pregnancy of 26 weeks terminated at a hospital, the Punjab and Haryana High Court recently observed that the child, if born, would be a reminder of trauma and agony for the minor.Justice Vinod S. Bhardwaj in the ruling said, "As an unwanted child, the member is also likely to either live a tormenting life filled up with taunts to his origin or...
'Medical Geneticist' Not Required To Undertake Competency Based Test Under Pre-natal Diagnostic Techniques Training Rules: JKL High Court
The Jammu and Kashmir and Ladakh High Court on Friday ruled that doctors who possess one of the medical qualifications recognized under the Indian Medical Council Act, 1956 and have experience of not less than two years in the field of sex selection or pre-natal diagnostic techniques fall within the ambit of term "medical geneticist". It held that medical geneticists shall not be under...
"State Fully Empowered To Draw Its Own Policy": MAT Frowns At Maha Govt For Resisting Transgender Entry In Police Department
The Maharashtra Administrative Tribunal on Friday frowned at the State Government's resistance to add the option of "other gender" to the application form for enrolment of transgenders in the state police department. Even as the Maharashtra Government cited administrative difficulties and the need for a policy from the Central Government first, MAT Chairperson Justice Mridula Bhatkar...