Issuance Of Notice And Initiation Of Reassessment Proceeding Beyond 6 Years: Calcutta High Court Stays Proceedings

The Calcutta High Court has held that the issuance of notice and initiation of reassessment proceedings were beyond 6 years. Prima facie, it is barred by limitation both under the old Act as well as under the newly amended provision relating to Section 147 of the Income Tax Act, 1961.The single bench of Justice Md. Nizamuddin has observed that the petitioner has been able to make out a...

Yardstick For Determining Infringement Of Trade Dress Is Overall Impression Of Design, Subtle Dissimilarities Irrelevant: Delhi High Court

The Delhi High Court has held that that yardstick for determining infringement of a registered design is 'visual effect' and 'ocular impression' of the product as a whole. The test is not to look out for subtle dissimilarities, but rather, to see if there is substantial and overall similarity in the two designs. "Impugned design need not be an exact replica to constitute...

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner was that while acting on behalf of...

NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court

Punjab and Haryana High Court while dealing with a case registered under Section 18 of NDPS Act, held that the crime motorcycle impounded or seized should be released on superdari to the petitioner.The bench comprising Justice Sureshwar Thakur further added that in order to avoid the motorcycle from deteriorating in the police compound its release on superdari to the petitioner, is...

"It Is A Paradox That Closure Of Temple Actually Leads To Peace": Madras HC Expresses Anguish Over 'Ego Clashes' Between Worshippers

While directing the Assistant Commissioner of Hindu Religious and Charitable Endowment to appoint a fit person to look into the affairs of the Sri Madurai Veeran, Karupparayan and Kannimar temple at Erode, the Madras High Court expressed concern on how temples were now becoming a cause for disturbance of law and order due to "ego clashes" between worshippers. A temple is a place...

Section 10A Is Not Applicable To Proceedings Against Personal Guarantors Under Insolvency & Bankruptcy Code, 2016: NCLAT New Delhi

The National Company Law Appellate Tribunal, New Delhi bench comprising of Justice Ashok Bhushan and Justice M Satyanarayan Murthy, Mr. Barun Mitra recently held that Section 10A of the Insolvency & Bankruptcy Code , 2016 is not applicable to proceedings against the personal guarantors under Section 95 of the Code. Brief Facts The Financial Creditor Siemens Financial Services...

Litigation Of Government Is Not Looked After As It Should Be: NCLAT New Delhi

The National Company Law Appellate Tribunal, New Delhi bench comprising of Justice Rakesh Jain and Dr. Alok Srivastava while dismissing an appeal field by the Rajasthan Drugs and Pharmaceuticals Ltd. expressed its displeasure as to how the litigation of the Government is not looked after the way as it should have been. The Bench was hearing the appeal filed by the Rajasthan...

Unilateral Appointment Of Arbitrator ; Calcutta High Court Replaces With A New Arbitrator

The Calcutta High Court has held that an arbitration clause does not come to an end merely because it provides for an illegal method of appointment of arbitrator and the courts can remove the illegal portion and retain the remaining clause to give effect to the intention of the parties to submit their dispute to arbitration. The Bench of Justice Shekhar B. Saraf further held that...

Specify Steps Taken/Proposed For Proper Implementation Of 'The Senior Citizens Act, 2007': Allahabad High Court To Lucknow ADM

The Allahabad High Court has directed the Additional District Magistrate, Lucknow to file an affidavit regarding the steps which have been taken or are proposed to be taken for proper implementation of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within three weeks.This order comes days after the bench of Justice Devendra Kumar Upadhyaya and Justice Shree Prakash Singh...

"Frivolous": Delhi High Court Dismisses PIL Against Withdrawal Of DTC Bus Service From Private Schools

Calling it a frivolous petition, the Delhi High Court has recently dismissed a public interest litigation seeking directions to the Delhi Transport Corporation (DTC) to reconsider its decision of withdrawing DTC bus services to private schools in the city.A division bench headed by Chief Justice Satish Chandra Sharma added that it is always open to the DTC to review its decision as and when...

12th Board Result| CBSE's Caution Must While Taking Decisions Affecting Lakhs Of Students, Legitimate Expectation Doctrine Attracted: Delhi HC

The Delhi High Court has observed that a greater degree of care and caution, as well as due diligence is required on part of the functionaries and office bearers of Central Board of Secondary Education (CBSE) to ensure that due process is not violated at the higher echelons while taking decisions that affect the lives of lakhs of students.Justice Chandra Dhari Singh added that while the...

No Material To Suggest Conversion By Use Of Force: Gujarat HC Grants Bail To 8 Accused In Bharuch Mass-Conversion Case

The Gujarat High Court has allowed 6 bail pleas filed by 8 persons accused of forcing tribals from Amod town in Gujarat's Bharuch district to convert their religion, upon a prima facie finding that there is no material to conclusively prove that the conversion was caused by the use of force."While there is existence of material suggesting allurement, there does not appear to be existence...