Charges Of Clandestine Removal Cannot Be Confirmed On The Basis Of Private Records Without Corroborative Evidence: CESTAT

The Ahmedabad Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that charges of clandestine removal cannot be confirmed on the basis of private records, the authenticity of which was doubted by the manufacturer without any corroborative evidence.The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the onus to...

Bihar Citizens' Lives At Risk Due To Govt's Failure To Implement Liquor Ban: Patna HC Requests CJ To Take Cognizance Of Issue

In a strongly worded order, the Patna High Court has recently observed that the Bihar State Authorities have failed to implement a complete liquor prohibition in the State and the lives of Bihar citizens have been risked due to the state's failure to effectively implement the ban.With this, the bench of Justice Purnendu Singh directed the HC Registry that its order and the observations therein...

J&K&L High Court CJ Ali Mohammad Magrey Launches App To Enable E-Service Of Notice/ Summons In Srinagar

After assuming the office as the Chief Justice, Justice Ali Mohammad Magrey of the Jammu & Kashmir & Ladakh High Court today paid his maiden visit to District Court Complex Moominabad, Srinagar. On this occasion, the Chief Justice launched an application called National Services and Tracking of Electronic Processes (NSTEP) for Srinagar district, an initiative of e-Committee of...

Karnataka High Court Issues Notice To Lokayukta Police On Plea To Upload FIRs On Website

The Karnataka High Court on Tuesday issued notices on an Advocate's PIL seeking direction to upload the First Information Reports (FIRs) on the website of Police wing of Karnataka Lokayukta, within 24 hours of registration. A division bench of Chief Justice Prasanna B. Varale and Justice Ashok S. Kinagi issued notices to the State government and the Additional Director General of...

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...