S.164 CrPC | Voluntary & Truthful Confession Can't Be Rendered Inadmissible In Law Merely Due To Absence Of Legal Representation: Calcutta High Court

The Calcutta High Court has made it clear that Confessions made without legal representation would not by itself render such confession inadmissible in law, provided the confession satisfies the twin tests of being voluntary and truthful. A Division Bench of Justices Joymalya Bagchi and Ananya Bandyopadhyay observed,"Absence of legal representation at the time of making confession...

Kerala HC Seeks Explanation From Sessions Court For Keeping Bail Application Pending Despite Its Directions

The Kerala High Court recently sought a report from a Sessions Court on the circumstances under which the bail application of an accused was kept pending for a period of two days despite its directions to dispose of the matter on the date of surrender itself. Justice Ziyad Rahman A A has directed the Registry to call for a report from the Assistant Sessions Court, Kasargod and has...

Allahabad High Court Dismisses Plea Questioning Continuance Of Yogi Adityanath As UP CM, Imposes ₹11K Cost

The Allahabad High Court on Wednesday dismissed a plea questioning continuance of Yogi Adityanath as the Chief Minister of State of Uttar Pradesh. The Cout also imposed ₹11K costs on the petitioner, Dr. M. Ismail Faruqui for filing a 'misconceived' and 'frivolous' petition.The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla also slammed the petitioner for filing the...

Karnataka High Court Grants Anticipatory Bail To Wife & Son Of Lawyer Accused Of Sending Fake Judicial Orders To Client

The Karnataka High Court has granted anticipatory bail to the wife and child of a practising advocate, who is accused of sending fake orders to his client.A single judge bench of Justice Rajendra Badamikar allowed the petition filed by the woman and her son. The court said: "The petitioners/accused Nos.2 and 3 are directed to be enlarged on bail in event of their arrest, in Crime...

Civil Court Order To Prevail Over Findings Recorded By Authorities Under Maharashtra Money-Lending (Regulation) Act: Bombay High Court

The Bombay High Court recently held that the judgement of the Civil Court in a prior suit will prevail over an order passed under Section 18(2) of the Money Lending (Regulation) Act, 2014 for the same cause of action. Justice Sandeep V. Marne of the Aurangabad bench set aside the order passed by the District Registrar (Money Lending) and appellate authority which had declared...

S.482 CrPC| Mere Incorporation Of S.307 IPC In FIR/Chargesheet Not Ground To Reject Compromise, Nature Of Injury Relevant Factor: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that merely because an FIR/charge-sheet incorporates the provision of Section 307 IPC, it would not by itself be a ground to reject the petition under Section 482 of the Code and refuse to accept the settlement between the parties. Justice M A Chowdhary observed that while taking a call as to whether compromise in such...

S.138 NI Act | Whether Demand Notice Issued To Correct Address Is Matter Of Evidence, Not Reason To Quash Complaint: Kerala High Court

The Kerala High Court on Tuesday refused to quash a complaint under Section 138 Negotiable Instruments Act, merely because the demand notice issued in local language was returned unserved.Justice A. Badharudeen, observed that there is a presumption that service of notice has been effected when it is sent to the correct address by registered post. It further added,"Issuance of notices in...

Invalidity Of The Appointment Procedure Would Not Render The Entire Arbitration Clause Invalid: Delhi High Court

The High Court of Delhi has held that merely because the procedure for the appointment of the arbitrator has become invalid due to 2015 amendment act, the same would not render the entire arbitration clause invalid. The bench of Justice Anup Jairam Bhambhani held that there are several elements present in an arbitration clause such as procedure for appointment of arbitrator, law...

Arbitration Survives Even If Arbitration Under MSMED Act Declared Non-Maintainable: Madras High Court

The Madras High Court has ruled that once a dispute is referred to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act), if the Facilitation Council adjudicates the dispute on merits, such decision would operate as res judicata and would bar the institution of arbitral proceedings in respect of the same dispute. However, the...

Section 12(5) Of A&C Act Applies To Proceedings Commenced Before Or After The 2015 Amendment: Delhi High Court

The High Court of Delhi has held that Section 12(5) that provides for grounds of ineligibility of arbitrator would apply regardless whether the notice of arbitration was given before or after the 2015 amendment came into force provided that the appointment was made on a date Section 12(5) was in force. The bench of Justice Anup Jairam Bhambhani held that in view of Section...

Advance Paid Towards Service Is Operational Debt: NCLAT Delhi

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Chipsan Aviation Private Limited v Punj Llyod Aviation Limited, has held that an advance paid towards a service falls within definition of operational debt, even if there was no...

Appeal By Assessee Prior To Declaration Under VSVS Act, Shall Revive On Failure To Pay the Tax Determined: ITAT

The Chennai bench of the Income Tax Appellate Tribunal (ITAT) has ruled that if the assessee violates the conditions prescribed under the Direct Tax Vivad Se Vishwas Act, 2020 (DTVSVS Act) by not paying the tax determined by the designated authority, the appeal filed by it prior to filing a declaration under the DTVSVS Act, disputing the tax liability raised against it, shall revive...