[Section 197 CrPC] Court May Direct Authority To Take Sanction And Then Proceed, Instead Of Quashing Entire Proceedings: Delhi HC

Observing that closure of proceedings at an initial stage has not been appreciated, the Delhi High Court has said that even if it is found that the proceedings are vitiated in the absence of sanction under Section 197 CrPC, then court may direct the authority to take sanction and then proceed, instead of completely quashing the entire proceedings."Same was the view taken in Fertico Marketing...

Shareholder Can't Itself Initiate Proceedings Before Magistrate For Fraud U/S 447 Of Companies Act, 2013: Karnataka High Court

The Karnataka High Court has held that a shareholder, minority or otherwise, cannot initiate proceedings before the Magistrate by himself or herself for an alleged offence of fraud under Section 447 of the Companies Act, 2013. A single judge bench of Justice Suraj Govindaraj said, "Sub-Section (6) of Section 212 of the Act specifically deals with the offences covered under Section 447...

No Default Bail U/S 167 CrPC If Chargesheet Filed Before Arrest: Karnataka HC Rejects Accused Plea In Gauri Lankesh Murder Case

The Karnataka High Court has dismissed a petition filed by Hrishikesh Devdikar, an accused in the journalist Gauri Lankesh murder case, seeking default bail under section 167 (2) of the Criminal Procedure Code. A single judge bench of Justice Suraj Govindaraj said that the accused would not be entitled to the benefit under Section 167(2) CrPC if the charge sheet was filed before his...

Dividends Received By IFFCO From OMIFCO Oman Can't Be Disallowed Under Income Tax Act: Delhi High Court

The Delhi High Court has held that the dividends received by Indian Farmers Fertiliser Cooperative (IFFCO) from Oman India Fertiliser Company S.A.O.C (OMIFCO) Oman cannot be disallowed under the Income Tax Act.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that since the dividend received by the assessee from OMIFCO, Oman is chargeable to tax in...

Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court

The Delhi High Court has said the Central Administrative Tribunal (CAT) "ordinarily should" endeavour to examine a case on merits rather than dismissing the same on technicalities.Dismissing a plea filed by an employee challenging the order by which his original application against the disciplinary action taken against him was rejected by CAT, a division bench of Justice Sanjeev Sachdeva...

GSTIN Linking Cannot Be Denied Merely For Providing Information In Wrong Form: Rajasthan High Court

The Rajasthan High Court has held that the Goods and Service Tax Identification Number (GSTIN) link cannot be denied merely for providing information in the wrong form.The division bench, Justice Sandeep Mehta and Justice Kuldeep Mathur, has observed that absolute hyper-technical ground cannot be considered valid so as to deny the petitioner the opportunity to link the GSTIN of his father's...

Used To Say 'Something Or The Other' To Victim, Instigation Loud & Clear: Delhi HC Refuses Pre-Arrest Bail To Woman Accused Of Abetting Suicide

The Delhi High Court has denied anticipatory bail to a woman in a case of abetment of suicide, saying the FIR squarely blames her as the reason for the deceased ending her life."In my view, in the present case, the instigation by the applicant which has prompted the deceased to end her life is loud and clear. The instigation is of harassment and the FIR clearly states that the applicant...

VAT Defaulter Not Liable To Pay Collection Charges If Opts Amnesty Scheme: Kerala High Court

The Kerala High Court has held that collection charges are not payable if a VAT defaulter opts for the Kerala Amnesty Scheme, 2017.The single bench of Gopinath P. has noted that the petitioner had settled the liabilities in terms of the provisions contained in the Amnesty Scheme of 2017, which was introduced by the provisions contained in the Kerala Finance Act 2017.The court stated that as...

Suicide Attempt Over Protracted Family Court Proceedings Averted At Kerala High Court

An attempt to suicide by a Chittoor youth from the eight floor of the Kerala High Court was averted by the timely intervention of the security personnel posted there. The man was found sitting on a railing and was threatening to jump. According to sources, the person was aggrieved of the delay in proceedings pending before the Family Court. The delay in the proceeding purportedly led him to...

Execution Of Agreement, In Bid Document As Condition Precedent; Failure To Execute, Not A Concluded Contract: Bombay High Court

The Bombay High Court has ruled that where reference to a future contract is made in the tender documents and in the Letter of Intent (LoI) issued to a successful bidder, in such terms which shows that the parties do not intend to be bound until the said contract is signed between them, there is no concluded contract between them which can be specifically enforced. The Court...

Domain Name Disputes | No Action Be Taken Against GoDaddy Till Further Orders: Delhi High Court To DOT, MeitY

The Delhi High Court has asked the Department of Telecommunications and Ministry of Electronics and Information Technology to not take any action against the domain name registrar (DNR) GoDaddy after it was clarified that a Grievance Officer has been appointed by it to give effect to the court orders.In a domain dispute case, the court in September had asked various DNRs to submit details...

'No Locus': High Court Junks Plea Against ST Status & Reservation Granted To 'Pahari Speaking People' Of Jammu & Kashmir

The Jammu & Kashmir & Ladakh High Court recently upheld the amendments to the Jammu and Kashmir Reservation Rules, 2005, by which 4 percent reservation was provided to 'Pahari Speaking People' in respect of each service, class, category and grade in services and posts under the Union Territory. The Court said that a writ petition under Article 226 of the Constitution can...