News Updates
Related Party Of Financial Creditor Not Barred U/S 29A To Submit A Resolution Plan: NCLT Cuttack
The National Company Law Tribunal ("NCLT"), Cuttack Bench, comprising of Shri P. Mohan Raj (Judicial Member), while adjudicating an application filed in Trimex Industries Pvt. Ltd. v M/S. Sathavahana Ispat Ltd. & Ors., has held that the IBC does not bar a related party of the Financial Creditor from submitting a resolution plan for the Corporate Debtor. Further, an...
Appellate Authority To Bear In Mind The Predicaments Faced By Taxpayers On Introduction Of GST Procedures: Orissa High Court
The Orissa High Court has held that the Appellate Authority should have borne in mind the predicament faced by taxpayers on the introduction of a new set of procedures by way of the promulgation of the CGST Act and rules and that time is required to be taken to get acquainted.The division bench of Justice Jaswant Singh and Justice Murahari Sri Raman has observed that it preferred to exercise...
Operation And Maintenance Of Municipal Wet Waste Processing Facility Attracts 18% GST: West Bengal AAR
The West Bengal Authority of Advance Ruling (AAR) has ruled that the 18% GST is payable on the operation and maintenance of municipal wet waste processing facilities.The two-member bench of Varindra Kaur and Viraj Shyamkarn Tidke observed that the supply of services to be provided to the State Urban Development Agency for the design, build, finance, operation, and transfer of municipal wet...
Accused In Kerala Human Sacrifice Case Challenge Police Custody, Allege Cops Leaking Confession Statements To Media
The three accused persons in the recent human sacrifice case of Elanthoor Village have approached the Kerala High Court against the order of the Judicial First Class Magistrate Court VIII, Ernakulam, which permitted the police to take the accused persons in custody for 12 days.In the Criminal Revision Petition moved through Advocate B.A. Aloor, the petitioners have argued that the order passed...
Contemplating Legislation Against Evil Practices Like Human Sacrifice: State Govt To Kerala High Court
The Kerala government earlier this week informed the High Court that it is contemplating enactment of a legislation against human sacrifice and other such superstitious practices. The Division Bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chaly recorded the submission made by the State Attorney in this regard when a case regarding the issue came before it for admission...
"Two Consenting Adults' Yearning To Find Love Can't Be Interfered With By Anyone": Allahabad High Court Unites Husband-Wife
The Allahabad High Court has observed that the choice of a life partner, the desire for personal intimacy, and the yearning to find love and fulfillment in a human relationship between two consenting adults cannot be interfered with by any other person.With this, the bench of Justice Sanjay Kumar Singh allowed a Habeas corpus plea filed by a husband after his wife/corpus submitted before...
[S.50 PMLA] Application For Recording Statement Of Accused Can Only Be Made Before Sessions/ Special Court, Not Magistrate: Karnataka HC
The Karnataka High Court has said that in light of the statutory framework of Prevention of Money Laundering Act, applications for recording statements of an accused/ suspect can only be made before the Special Court designated to try cases under the Act. A single judge bench of Justice M Nagaprasanna said, "PMLA mandates that anything emanating from the PMLA shall be considered only...
Delhi High Court Enhances Compensation For Child Sexual Abuse Survivors From Rs 7 Lakh To 10.5 Lakh
Ordering increase in the amount of compensation for survivors of child sexual abuse from Rs 7 lakh to at least Rs 10.5 lakh under the 2018 Delhi Victim Compensation Scheme, the Delhi High Court on Thursday said that the final compensation to the victims must be the maximum amount as provided in the scheme's schedule.The schedule of 2018 scheme mentions both minimum as well as the upper limit...
Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case
Cancelling author and social activist Civic Chandran's anticipatory bail in a sexual harassment case, the Kerala High Court on Thursday directed him to surrender before the Investigating Officer within seven days for subjecting himself for interrogation.Justice A. Badharudeen while allowing the petitions moved by the victim and the Government against the grant of anticipatory bail to Chandran...
Mere Presentation Of Plaint Not Sufficient To Initiate Proceedings U/S 92 CPC, Leave of Court Must: Karnataka High Court
The Karnataka High Court has reiterated that leave of the court is a precondition for institution of a suit under Section 92 of Code of Civil Procedure (CPC) against a public trust. A single judge bench of Justice Sachin Shankar Magadum made the observation while allowing the petition filed by Shree Beereshwara (Channakeshwara) Swamy Devaru Temple and others, and set aside the trial...
PIL Against 'Permissible Marriage Age' For Muslim Girls | Uttarakhand HC Grants Last Opportunity To Respondents To File Reply
The Uttarakhand High Court has granted a last opportunity to the state government as well as the Central Government to file their responses in a Public Interest Litigation (PIL) plea questioning the permissible age of marriage of girls under Muslim Law."In case, counter affidavits are not filed, on the next date, the Secretary, Ministry of Women and Child Development, Government of India and...
Vodafone Idea Not Liable To Deduct TDS On Discount Allowed To Distributors On Purchase Of Prepaid SIM Cards And Recharge Vouchers: ITAT
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that Vodafone Idea is not liable to Deduct Tax at Source (TDS) on the discount allowed to the distributors on purchase of prepaid SIM Cards and recharge vouchers. The Bench of Vikas Awasthy (Judicial Member) and M. Balaganesh (Accountant Member) held that since the relationship between the assessee Company and...