News Updates
Right To Appeal Accrues On Date Of Institution Of Suit: Madras HC Entertains Appeal Arising Out Of Claim Filed Prior To Motor Vehicle Amendment Act
When the Madras High Court registry put forward a query as to whether appeals whose value was less than one lakh rupees could be entertained in view of the amendment brought in by the Motor Vehicles Amendment Act 2019, Justice PT Asha observed that the right to appeal accrued on the date of filing the claim petitions and therefore the amendment was not applicable to claims filed prior to...
Tax Cases Weekly Round-Up: 21 August To 27 August, 2022
Delhi High Court Application Under Companies Act Against Order Rejecting Waiver Of Interest; Dispute Falls Within Scope Of VSV Act: Delhi High Court Case Title: Kapri International Pvt. Ltd. versus Commissioner of Income Tax Citation: 2022 LiveLaw (Del) 796 The Delhi High Court has ruled that where an application under the Companies Act has been filed by a company in...
Arbitration Cases Weekly Round-Up: 21 August To 27 August, 2022
Bombay High Court: Interim Relief Under Section 9 Of A&C Act - Incidental To Recovery Of Possession OfProperty; Small Causes Court Alone Would Have Jurisdiction: Bombay High Court Case Title: BXIN Office Parks India Pvt. Ltd. versus Kailasa Urja Pvt. Ltd. The Bombay High Court has ruled that reliefs which are incidental to the possession of the licensed premises cannot be...
Printing Of Question Papers Constitutes Supply Of Service And Printing Answer Booklets Constitutes Supply Of Goods: Karnataka AAR
The Karnataka Authority of Advance Ruling (AAR) has held that the printing of question papers constitutes a supply of service and the printing of answer booklets constitutes a supply of goods. The two-member bench of M.P.Ravi Prasad and T.Kiran Reddy has observed that the GST exemption is available on the question papers. However, GST is payable on the answer...
"He Is Avoiding Process Of Court": Allahabad High Court Denies Anticipatory Bail To MLA Abbas Ansari In Arms License Case
The Allahabad High Court (Lucknow bench) last week denied anticipatory bail to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Arms License case.Denying him bail, the bench of Justice Dinesh Kumar Singh took into account the fact that Ansari had been avoiding the process of the Court, against whom proclamation had been issued by...
Flipkart & Its Sellers Jointly Liable For Charging Over MRP: District Consumer Forum
A District Consumer Disputes Redressal Commission in Telangana's Nalgonda has held that Flipkart cannot avoid liability for sale of products through its platform over the maximum retail price (MRP). It held both the e-commerce platform and the seller jointly and severally liable for such "unfair trade practice" and ordered compensation to be paid to the consumer. The Commission held that...
Non Issuance Of Completion Certificate Amounts To Pre Existing Dispute: NCLAT New Delhi
The National Company Law Appellate Tribunal bench comprising of Justice Ashok Bhushan, Justice M Satyanarayana Murthy and Mr. Barun Mitra while dismissing an appeal field by the Operational Creditor against the rejected of Section 9 petition held that the non-issuance of the completion certificate amounts to a pre existing dispute between the parties. It was contended on behalf of...
Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court
The Karnataka High Court has granted bail to a man accused of possessing Bhang, holding that Bhang is not covered under the Narcotics Drugs and Psychotropic Substances Act (NDPS). A single judge bench of Justice K Natarajan allowed the petition filed by accused Roshan Kumar Mishra and granted him bail on execution of a personal bond of Rs 2 lakhs, with two sureties of like...
Sanction For Prosecution U/S 197 CrPC Can Be Postponed To Later Stage Unless Acts Complained Of Intricately Connected To Official Function: Delhi HC
The Delhi High Court has observed that there is no legal bar to always postpone the requirement of sanction at a later stage of proceedings. If the acts complained of have a connection with the official duty, provision of Section 197 CrPC is attracted for obtaining sanction immediately at the time of taking cognizance.Justice Purushaindra Kumar Kaurav observed:"….there is no doubt that...
Elected Municipal Councillors Move Punjab & Haryana High Court Over SDM's Failure To Administer Them Oath
Six elected Municipal Councillors (independent) from Alawalpur ward in Jalandhar have moved the Punjab and Haryana High Court against the Sub Divisional Magistrate, alleging that despite winning the municipal elections, the authority has not administered them oath for more than 1 year and 6 months.As per Section 24 of the Punjab Municipal Act, 1911, the elected members cannot hold office...
NSE Phone Tapping: Delhi Court Denies Bail To Former CEOÂ Chitra Ramkrishna In Money Laundering Case
A Delhi Court on Monday denied bail to Former NSE CEO Chitra Ramkrishna in a money laundering case registered by the Enforcement Directorate in connection with an alleged illegal phone tapping case related to NSE employees.Special CBI Judge Sunena Sharma dismissed the bail plea today after it had reserved the order on August 25. A detailed order is awaited. As per the ED, senior officials of...
Delhi High Court Issues Notice On Plea Challenging Provision Requiring Centre's Approval For State Ministers' Foreign Visits
The Delhi High Court on Monday issued notice on a plea moved by city's Transport Minister Kailash Gahlot challenging the requirement for State Government Ministers to seek political clearances from the Centre for personal visits abroad. Justice Yashwant Varma sought response of the Lieutenant Governor of Delhi, Union of India through Cabinet Secretary, Ministry of External Affairs, Ministry...