News Updates
Forums Under Senior Citizens Act Cannot Adjudicate On Claims of Property Ownership: Delhi High Court
The Delhi High Court has observed that forums or authorities under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot adjudicate and undertake a trial with respect to the issues concerning civil and property rights of the warring parties.Justice Yashwant Varma said the question regarding claim of ownership in a property cannot form subject matter of consideration...
Hike In GST Rate On Renewable Energy Devices, Imposition of Basic Customs Duty On Cells To Be Treated As Change In Law: MNRE
The Ministry of New & Renewable Energy (MNRE) has issued a circular stating that the increase in the rate of GST on renewable energy devices and the imposition of Basic Customs Duty (BCD) on cells and modules would be treated as changes in the law.BCD at the rate of 25% has been imposed on imports of solar PV cells and BCD at the rate of 40% has been imposed on imports of solar PV...
S.279(2) Income Tax Act | Authority Can Compound Offence Before Conviction But Not Thereafter: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench recently held that pursuant to Section 279(2) of the Income Tax Act, the prescribed Authorities have the power to compound an offence either before or after the institution of proceeding against the assessee but certainly not after their conviction. Interpreting the guidelines issued for compounding of the offence under Direct Tax Laws, 2019...
Mere Engagement Does Not Permit A Person To Sexually Assault His Fiancé: Delhi High Court In Bail Order
Denying bail to a man accused of raping his fiancé multiple times on the pretext of their planned marriage, the Delhi High Court has observed that mere fact of being engaged does not mean that the accused can sexually assault, beat or threaten her.Justice Swarana Kanta Sharma made the observation while rejecting the argument made on behalf of the accused that since the parties were engaged,...
Well Qualified Wife Expressing Desire To Pursue Job Not Cruelty: Bombay High Court
The Bombay High Court has recently held that a wife expressing a desire to work does not amount to cruelty under the Hindu Marriage Act. Division bench of Justices Atul Chandurkar and Urmila Joshi-Phalke was dealing with an appeal against family court's refusal to grant divorce to the husband on the ground that cruelty is not proven. It was the husband's contention that his wife...
After Super Cassettes Moves Delhi High Court, Tata Motors Agrees To Drop 'T-Series' Mark
After Super Cassettes Industries took Tata Motors to court for using its famed trademark T-Series in the marketing of its commercial vehicles, the companies recently settled the matter before the Delhi High Court with the automotive manufacturer undertaking not to use the record label 'T-Series or T.Series' in respect of its automobile products.Super Cassettes Private Limited had filed a suit...
MP High Court Constitutes Special Bench Amid Vacation To Hear Plea For Transit Anticipatory Bail, Grants Relief To Senior Citizens
The Madhya Pradesh High Court, Indore Bench, on Tuesday, constituted a special bench to hear an application for transit anticipatory bail moved by a senior citizen couple. The Applicants were apprehending their arrest by the Uttar Pradesh Police in relation to a complaint case filed against them in District Lalitpur (U.P.). Noting that the Applicants are senior citizens and...
Limitation Period For Invoking Arbitration Cannot Be Extended By Consent: Delhi High Court
The Delhi High Court has ruled that a statement made by the opposite party in the reply to the notice invoking the arbitration clause, giving consent for appointment of an arbitrator, would not extend the limitation period for invoking arbitration, if the claims raised by the claimant are ex-facie time-barred. The Single Bench of Justice Anup Jairam Bhambhani held that...
NCLT Rules 43 Only Empowers AA To Seek Production Of A Document, Not Parties : NCLT Hyderabad
The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating an application filed in Ind Barath Power Infra Ltd. v India Infrastructure Finance Co. Ltd., has held that Rule 43 of the NCLT Rules 2016 only empowers the Adjudicating Authority...
Milad Committee Chief Moves Gujarat High Court Challenging State Police's Alleged Inaction In Granting Nod To Eid-E-Milad Procession
The President of the Eid Miladunnabi (Central) Committee of Ahmedabad has moved the Gujarat High Court challenging the alleged inaction of the state police to grant its nod to the Eid-e-Milad procession proposed for 9th/10th October. In its plea, the Petitioner [Parvez, the president of the Eid Miladunnabi (Central) Committee] has averred that the committee's representation to take out...
"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court
The Himachal Pradesh High Court has observed that no one can be referred to as a 'suspect' in the Final Report, which is to be so filed by the Investigating Officer, in terms of Section 173 of Cr.P.CThe Bench of Justice Ajay Mohan Goel opined that when in the course of the investigation, the Investigating Officer has not found anything incriminating against someone, then reflecting him or her...
[Civil Services] Timelines Prescribed For Candidates To Upload Form Sacrosanct, Cannot Be Tinkered With: Delhi High Court
The Delhi High Court has said that the timelines prescribed by the Union Public Service Commission (UPSC) for candidates to upload the detailed application form (DAF) are sacrosanct and cannot be tinkered with.A division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela made the observation in a judgement dismissing the plea filed by a candidate Pankaj Choudhary.Choudhary had...