Bombay High Court Weekly Round-Up: October 10 To October 16, 2022

Nominal Index [Citations 378 – 389] 1. Jyotsna D'souza v. State of Maharashtra 2022 LiveLaw (Bom) 378 2. NRC Limited v. State of Maharashtra and Anr. 2022 LiveLaw (Bom) 379 3. Sandip Sarjerao Sule and Ors. v. State of Maharashtra and Anr. 2022 LiveLaw (Bom) 380 4. Sagar Vilas Tote v. State of Maharashtra 2022 LiveLaw (Bom) 381 5. Imran...

Madras High Court Weekly Round-Up: October 10 to October 16 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 425 To 2022 LiveLaw (Mad) 433 NOMINAL INDEX Mr N Nagarajan v. Mr. Schekar Raj, 2022 LiveLaw (Mad) 425 T.Keeniston Fernando v. State, 2022 LiveLaw (Mad) 426 Azizul Karim v. PS Kirubakaran and others, 2022 LiveLaw (Mad) 427 Murali v. The...

Armed Forces Tribunal Exercising Similar Jurisdiction As High Court, No Appeal 'Can/Should' Lie Before HCs: Delhi High Court

Months after a division bench of Delhi High Court said the jurisdiction of High Courts under Articles 226 and 227 of the Constitution cannot be bypassed merely by making a provision for direct appeal to the Supreme Court, a co-ordinate bench has said that ordinarily, no appeal from a final decision or order of the Armed Forces Tribunal can lie before the High Court.The division bench of...

POCSO Convict Serving Life Sentence Granted 15-Day Parole By Rajasthan High Court For The Purpose Of Progeny

The Rajasthan High Court on Friday granted 15-day parole to a life convict on a petition filed by his wife, who is issueless and is desirous of retaining/maintaining her marriage with the convict and preserving her lineage.The bench of Justice Sandeep Mehta and Justice Sameer Jain took into account the young age of the convict-petitioner and ordered to release him on parole on his furnishing...

'Lack Of Good Governance': NGT Slaps ₹35 Cr Penalty On J&K Admin For Doodh Ganga Pollution

The Principal Bench of National Green Tribunal has imposed a penalty of Rs 35 Crore on the Jammu & Kashmir administration for failing to prevent the discharge of untreated sewage into the Doodh Ganga, which is a major tributary of river Jhelum, and Mamath Kull (stream) in Kashmir valley's Srinagar and Budgam districts. "It is seen that there are serious lapses on the part of...

Tax Cases Weekly Round-Up: 9 October To 15 October, 2022

Supreme court Supreme Court Directs Andhra Pradesh To Transfer To Jharkhand CST Collected From Tata Motors In Respect To Sale To APSRTC Case Title: Tata Motors Limited Versus Central Sales Tax Appellate Authority & Others Citation: 2022 LiveLaw (SC) 847 The Supreme Court has directed the state of Andhra Pradesh to transfer to Jharkhand the amount of central...

Cess Received By Trust From Milk Societies, Against Sales Made , Not Voluntary; Can't Be " Corpus Donation": ITAT

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the Cess received by a trust from the milk supplying societies, against the sales made by them to the Cooperative Milk Producers Union, cannot qualify as a "Corpus Donation" under the Income Tax Act, 1961, since they are not voluntary in nature. The Bench of Siddhartha Nautiyal (Judicial Member) and...

Limitation Qua Counter-Claim Stops On The Date Of Notice Of Arbitration: Madras High Court

The High Court of Madras has held that the limitation period qua Counter-Claims would be arrested on the date on which the respondent issues the notice of arbitration and the date of filing of counter-claims would be irrelevant. The bench of Justice M. Sundar further held that limitation is a facet of 'public policy' and an error in limitation clearly leaves an award hit...

Arbitration Cases Weekly Round-Up: 9 October To 15 October, 2022

Delhi High Court: Period Of Limitation For Referring The Dispute To Arbitration Commences Only After The Failure Of Pre-Arbitration Mechanism: Delhi High Court Case Title: Welspun Enterprises Ltd. versus NCC Ltd. The High Court of Delhi has held that the period of limitation for referring the dispute to arbitration would only commence after the internal dispute resolution...

Sec 319 CrPC | Degree of Satisfaction For Summoning Additional Accused Much Stronger Than Mere Probability Of His Involvement: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently reiterated that for arraigning an additional accused during the trial, there has to be much stronger evidence against him than mere probability of his involvement in the crime.The observations were made by Justice Sanjay Dhar in the judgement on a plea challenging the order passed by Additional Special Judge, Anticorruption,...

Delhi High Court Directs Jamia Millia Islamia To Regularise Sharjeel Usmani's Admission To MA Course

The Delhi High Court has permitted former Aligarh Muslim University (AMU) student Sharjeel Usmani to appear in the third semester examinations for 'MA in Social Exclusion and Inclusive Policy' at Jamia Millia Islamia University (JMI). Justice Sanjeev Narula also directed JMI to immediately declare Usmani's results in respect of the first and second semester examinations.The court also asked...

Hindu Tamils Were Primary Victims Of Racial Strife In Srilanka; Principles Of CAA 2019 Applicable To Them: Madras High Court

In a significant observation, the Madras High Court (Madurai Bench) has said that the principles of the Citizenship (Amendment) Act 2019 can very well be made applicable to the Hindu Tamils who were the primary victims of the racial strife in Srilanka.The bench of Justice G. R. Swaminathan observed thus as it took into account the fact that Srilanka does not fall within the ambit of CAA 2019,...