News Updates
S.138 NI Act | Proprietor & Proprietary Concern Need Not Be Arrayed Separately As Accused: Karnataka High Court
The Karnataka High Court has held that a proprietary concern is not a separate entity and as such, ought not to be arrayed as a separate accused in a case registered under section 138 of the Negotiable Instruments Act. A single judge bench of Justice Suraj Govindaraj observed,"In a proceeding under Section 138 of N.I.Act, the arraying of a proprietor as an accused or a proprietary...
Uphaar Fire Tragedy: Delhi High Court Issues Notice On Sushil Ansal's Plea Against Conviction In Evidence Tampering Case
The Delhi High Court Tuesday issued notice on the plea moved by real estate baron Sushil Ansal against his conviction and sentencing in the evidence tampering case connected to the 1997 Uphaar fire tragedy.Justice Purushaindra Kumar Kaurav admitted Ansal's revision petition for hearing and called for the trial court records in soft copy. As the court was apprised that Ansal has already...
CESTAT Allows Refund Of Amount Reversed In CENVAT Credit Account To Reliance Industries
The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that Reliance Industries Ltd. was ineligible for a refund of amounts that had, inadvertently, been reversed in the CENVAT credit account under rule 6(3A) of the CENVAT Credit Rules, 2004 between April 2010 and March 2011.The two-member bench of Ajay Sharma (Judicial Member) and C.J. Mathew...
Preventing Docket Explosion - Pre-SCN Consultation Should Be Held : Delhi High Court
The Delhi High Court has held that it is obligatory on the part of the concerned officer to ensure that prior to the issuance of the show-cause notice (SCN), a pre-notice consultation is held with the person chargeable with customs duty or interest.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has observed that the person chargeable with duty or interest was...
Delhi High Court Directs IGST Refund After Deducting Differential Amount Of Duty Drawback
The Delhi High Court has directed the department to grant IGST refund paid on the goods exported after deducting the differential amount of duty drawback.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that the Jurisdictional Commissionerates shall be entitled to verify the extent of duty drawback availed by the petitioners and also whether they...
Madras High Court Seeks State's Response To Plea For Dedicated Anti-Terrorism Squad
The Madras High Court on Monday directed the state government to file its response to a plea seeking to set up a dedicated Anti-Terrorism Squad (ATS) in the state. The bench of Acting Chief Justice T Raja and Justice D Krishnakumar adjourned the case by four weeks for the state's counter.The petitioner, B Jagannath, submitted that for maintaining law and order it is necessary to have...
Centre Notifies Transfer Of J&K&L HC CJ Pankaj Mithal As Rajasthan HC CJ; Notifies Appointment Of New CJ Of J&K&L HC
The Central Government has notified the transfer of Justice Pankaj Mithal, Chief Justice of the High Court of Jammu & Kashmir and Ladakh, as the Chief Justice of Rajasthan High Court.The Centre has also notified the appointment of Justice Ali Mohammad Magrey as the new Chief Justice of the J&K&L High Court.The Supreme Court collegium had made recommendations regarding...
Delhi High Court Delineates Circumstances To Invoke "Group Of Companies" Doctrine
The Delhi High Court has ruled that the plea that signatures to the MoU containing an arbitration clause were obtained by threat and coercion, cannot be considered while considering an application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) for appointment of the Arbitrator. The Single Bench of Justice Neena Bansal Krishna held that each Company is...
Centre Notifies Appointment Of Justice PB Varale As Karnataka High Court Chief Justice
The Central Government has notified the appointment of Bombay High Court Judge, Justice Prasanna B. Varale as the Chief Justice of Karnataka High Court.The Collegium had recommended Justice Varale's elevation on September 28.About Justice VaraleBorn on 23rd June, 1962, Justice Varale enrolled as an Advocate on 12th August, 1985. He served as a lecturer in Law at Ambedkar Law College,...
Can't Compel Wife To Live With Muslim Husband Who Has Married Another Woman If It Isn't 'Equitable': Allahabad High Court
The Allahabad High Court has observed that the Court should not compel a wife, against her wishes, to live with her Muslim husband (who has married again) and share his consortium with another woman, if the court is of the opinion that it would be 'inequitable' to compel her to do so.The bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV observed thus while dismissing...
Adipurush Producer Bhushan Kumar In Delhi Court Questions Suit's Maintainability Against Movie Trailer, Hearing On Nov 5
A Delhi Court has granted the film producer Bhushan Kumar an opportunity to argue on maintainability of the suit filed by a lawyer seeking a stay on the release of his upcoming movie 'Adipurush' in its present form. The suit filed by Advocate Raj Gaurav alleges that the promo released by its producers has hurt religious sentiments of the Hindu community by depicting Hindu Gods, Lords Ram...
S.43D UAPA | Report of Public Prosecutor Contains Details of Investigation, Need Not Be Shared With Accused: Madras High Court
The Madras High Court recently denied bail to two Srilankan nationals, who are accused of attempting to siphon off funds from the bank account of a deceased woman in Mumbai to fund LTTE. The bench of Justice PN Prakash and Justice Teeka Raman denied bail after observing that the indefeasible right for default bail stood extinguished as the National Investigation Agency (NIA) had already...