[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court

Dealing with a Public Interest Litigation (PIL) plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it would not perform its duty, as and when the...

Kerala HC Initiates Suo Motu PIL For Protection And Rehabilitation Of Children In Streets

The Kerala High Court on Tuesday initiated suo motu Public Interest Litigation captioned 'Protection and Rehabilitation of Children in Streets' on noting the plight of the nomadic children begging or selling knick-knacks at busy junctions and tourist spots. The Suo Motu PIL has been initiated with the intention that such children ought to be taken care of, sent to shelter homes or...

Influence Of Money A Big Hurdle In Free And Fair Probe; Influential People Pressurize Police Officers: Allahabad High Court

In a significant observation, the Allahabad High Court has said that the influence of money in conducting an investigation is quite evident and it is a very big hurdle in the free and fair investigation of a crime and case.Noting that under the pressure of work, police undertake a mechanical investigation of the crimes, the bench of Justice Siddharth further observed that the...

Income Tax Act Provisions Being Used As A Weapon, Re-Assessment Proceedings Classic Case Of Abuse Of Power: Newslaundry To Delhi High Court

Sub clause (ii) of the Second Explanation of the amended Section 148 of the Income Tax Act, 1961 challenged

Financial Benefits To Assessee Can't Be A Ground To Levy Interest Without A Statutory Provision: Bombay High Court

The Bombay High Court has ruled that penalty or interest on additional customs duty (CVD) and special additional duty of customs (SAD), or surcharge, which is not connected to the basic customs duty, cannot be imposed in the absence of an explicit substantive provision. The Division Bench of Justices K.R. Shriram and A.S. Doctor observed that there was no substantive provision...

Homebuyers Are In Default; NCLT Delhi Dismisses Plea For Initiation Of CIRP Against Developer

The National Company Law Tribunal (NCLT), New Delhi, while adjudicating a petition filed by Homebuyers / Allotees against Developer Company / IREO ("Amit Kumar Sinha & Ors. v. Ireo Private Limited"), has rejected the petition under Section 7 Application under Insolvency and Bankruptcy Code, 2016 ("IBC"), holding that if the allottees themselves are in default, the Corporate Debtor...

NCLT Depreciates Filing Of Bulky Applications By Resolution Professional & Liquidator

Recently, the National Company Law Tribunal, Principal Bench comprising of Justice Ramalingam Sudhakar and Mr. Avinash Srivastava expressed it displeasure upon the practise of Resolution Professional/ Liquidators for filing bulky applications even for trivial matters such as extension of liquidation period. The bench was adjudicating an application for extension of time moved by...

High Court Dismisses Plea Alleging Delhi Govt's Tender Conditions For Midday Meal Scheme Are 'Tailor-Made' For Existing Players

The Delhi High Court has dismissed a plea challenging the tender conditions set by Delhi Government with regard to the contract for preparation and supply of mid day meals to children of primary and upper primary classes of Government Aided Schools and Alternative and Innovative Education (AIE) Centres under the Samagra Shiksha Abhiyan. A division bench of Chief Justice Satish Chandra Sharma...

Initiation Of Proceedings Under The SARFAESI Act Does Not Bar The Arbitration Of Disputes: Delhi High Court

The Delhi High Court has ruled that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) provides a remedy in addition to the adjudication under the Arbitration and Conciliation Act, 1996 (A&C Act)and hence, initiation of proceedings under the SARFAESI Act does not bar the arbitration...

Cases Above Rs.100 Crores: Finance Ministry Notifies Exclusive DRT Benches

The Ministry of Finance has issued a notification dated 04.10.2022, whereby the jurisdiction of Debt Recovery Tribunal ("DRT") has been revised. The notification has been released under Section 3 of the Recovery of Debts and Bankruptcy Act, 1993 and in supersession of the notifications of the Government of India, vide numbers G.S.R. 395 (E) dated the 29.05.2007 and S.O.3065 (E) dated...

Kerala Court Drops Culpable Homicide Charges Against IAS Officer Sriram Venkitaraman In 2019 Road Rage Case

The Additional District and Sessions Court, Trivandrum, on Wednesday, dismissed the culpable homicide charges that were framed against IAS Officer Sriram Venkitaraman and his friend, Wafa Firoz, in an alleged drunken driving case leading to death of journalist KM Basheer in 2019.The Court was acting upon the discharge petition been filed by Venkitaraman, contending that there was no...

'No Due Application Of Mind': Court Discharges Tahir Hussain & Others From Graver Offence In Delhi Riots Case

A Delhi Court on Wednesday discharged former Aam Aadmi Party Councillor Tahir Hussain and nine others from the charge of 'causing mischief by fire or explosive substance with intent to destroy a building', in a case of 2020 North-East Delhi riots. Additional Sessions Judge Pulastya Pramachala however remanded the case back to the Chief Metropolitan Magistrate (CMM) for trial of other...