News Updates
TDS On NRI Payment: Delhi High Court Rejects Appeal By Revenue- Payment Found As Salary, Not Fees
The Delhi High Court, while upholding the order passed by the Income Tax Appellate Tribunal (ITAT), has held that the provision of TDS on NRI payments under Section 195 of the Income Tax Act has no application once the nature of payment is determined as salary and a deduction has been made under Section 192.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has...
PIL In Bombay High Court Seeks CBI, ED Probe Into Ex-Maha CM Uddhav Thackeray's Wealth
A PIL has been filed in the Bombay High Court seeking a CBI and ED investigation into the wealth of ex-Maharashtra CM Uddhav Thackeray, his wife Rashmi and two sons Aditya and Tejas. The criminal PIL is filed by Gouri (38) and Abhay Bhide (78), whose family had briefly printed Shiv Sena supremo, Bal Thackeray's weekly during the emergency. Gouri said she was inspired by the motto...
Authorized Officer Not To Await Expiry Of Appeal Period To Take Over Possession Of Attached Property U/S 8(4) PMLA: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Tuesday observed that Section 8(4) of the PMLA Act clearly provides that the authorized officer can forthwith take over possession of the attached property once the order of provisional attachment is confirmed by the Adjudicating Authority. It clarified that the expression "forthwith" used in Section 8(4) of the Act denotes clear intention of...
Close Relative Of Arbitrator Must Be 'Controlling The Company' To Make Him Ineligible: Orissa High Court
The Orissa High Court has clarified that to make an arbitrator ineligible under Clause 9 of the Seventh Schedule read with Section 12(5), the Arbitration and Conciliation Act, 1996, the arbitrator must have a close family relationship with a party and in case of companies, he must have a close relation with the person(s) in the management who should be...
Delhi High Court Issues Contempt Notice To Registrar Listing For 'Demeaning' Authority Of Court
The Delhi High Court on Tuesday issued a show cause notice to its Registrar (Listing) asking the officer to explain why contempt proceedings be not initiated against him for failing to discharge his official duty and "outrightly demeaning the authority of court"."The Registrar (Listing) is accordingly directed to file his reply to Show Cause within four weeks from today," said Justice...
[POCSO Act] Child Sexual Abuse Increasing Alarmingly, Courts Must Imbibe Legislative Wisdom: Delhi High Court
Observing that offences against minors, especially sexual assault, are increasing alarmingly, the Delhi High Court on Tuesday stressed that it is necessary for the courts to "imbibe the legislative wisdom" behind enactment of the Protection of Children Against Sexual Offences (POCSO) Act. Observing that rape is a heinous crime which is abhorrent not only as against the victim but also...
Operational Creditor Cannot Change The 'Date Of Default' By Confining The Invoices To A Later Period: NCLT Mumbai Reiterates
The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Ms. Anuradha Sanjay Bhatia (Technical Member), while adjudicating a petition filed in M/s Shri Sadguru Traders v M/s Gajalee Coastal Foods Pvt. Ltd., has reiterated that the Operational Creditor cannot change the 'date of default' by confining the invoices to a later...
COC's Decision For Liquidation Is Open To Judicial Review By NCLT And NCLAT: NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Sreedhar Tripathy v Gujarat State Financial Corporation & Ors., has held that when the Committee of Creditors ("CoC") decides to liquidate...
[Agnipath Scheme] Agniveers Will Develop Sense Of Pride After Serving Nation, Have Financial Stability After Exiting Armed Forces: Centre To Delhi HC
Seeking dismissal of the petitions challenging its Agnipath recruitment scheme, the Centre has informed Delhi High Court that defending India's territory, which faces external and internal threats, requires an agile, youthful and technologically sound armed forces."The character of future wars/military engagement, in the opinion of military experts, is likely to be ambiguous, uncertain,...
AA Can Consider Any Application Arising Out Of Sale In Liquidation : NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in RMY Industries LLP v Apple Industries Pvt. Ltd., has held that the Adjudicating Authority is empowered to consider any application filed by...
First Committee On Wilful Defaulters Not Obligated To Mention Its Composition In Its Order: Telangana High Court
The High Court of Telangana Bench comprising of Justice K. Lakshman, while adjudicating a writ petition filed in the matter of Ms. Kanumuru Rama Devi v M/s REC Limited, has held that as per Clause 3(a) of the RBI Master Circular on Wilful Defaulters dated 01.07.2015, the First Committee is not obligated to disclose its formation and composition in its order. Further, the CGM (Law) can...
Early Rehabilitation Primary Focus Under Slums Act, Unconscionable Delay In Redevelopment Ground To Remove Developer: Bombay HC
A slum dweller's right to shelter under Article 21 cannot be nullified by unconscionable delays caused by a developer and is a ground for its removal under section 13(2) of the Slums Act, the Bombay High Court held. The court dismissed a writ petition filed by Yash Developers challenging its removal by the Apex Grievance Redressal Committee (AGRC) in a project wherein transit rents were...