Does Limitation Period For Filing Appeal Applies To Period For Curing Defects?: NCLAT Refers Question To Larger Bench

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Justice N Satyanarayana Murthy (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating in an appeal filed in Mr. V R Ashok Rao v TDT Copper Limited, has observed that issue of delay in refilling of appeal is often coming before the NCLAT Bench...

CBDT Notifies New Form 29D For Refund Of Tax Deducted

The Central Board of Direct Taxes (CBDT) has notified the new Form 29D for refund of tax deducted.The Board has notified the Income-tax (26th Amendment) Rules, 2022. The amendment added a new Rule 40G to the Income-tax Rules of 1962 relating to Refund Claim under Section 239A. In the Income-tax Act, a new section 239A was added by the Finance Act of 2022. Section 239A states that if...

Special Court Calls ED "Vengeful Complainant", Discharges Two Accused In PMLA Case

Observing that the Enforcement Directorate was a "vengeful" complainant, a special court at Mumbai discharged two developers accused in the Yes Bank Money laundering case based on a clean chit in the predicate offence. Special Judge MG Deshpande relied on Supreme Court's recent judgement in Vijay Mandal Chaudhary & Ors. vs Union of India, which has held that a case under PMLA,...

On A Request Made By CoC, NCLT Is Empowered To Remand Back Resolution Plan To CoC For Re-Consideration: NCLT Ahmedabad

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Dr. Deepti Mukesh (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating an application filed in Asset Reconstruction Company (India) Limited v GPT Steel Industries Ltd., has held that Adjudicating Authority has right to send back the resolution plan for reconsideration to the CoC, on...

Owner's Failure To Provide Accommodation To Occupier After Demolitions U/S 412A Kolkata Municipal Corporation Act Not Subject To Police Action: High Court

In a case against a proceeding under Section 412A of the Kolkata Municipal Corporation Act, 1980 (KMC Act), the Calcutta High Court held that failure on the part of the owner in providing an accommodation to the petitioner, claiming to be an occupier of the dilapidated building that was demolished, cannot be a subject matter for consideration by the police authorities.Section 412A empowers...

Ensure Transparency & Objectivity In System To Select & Appoint State Law Officers: Allahabad High Court Seeks UP Govt's Affidavit

Hearing a Public Interest Litigation (PIL) Plea challenging the recent appointments of state law officers alleging that the process was not transparent, the Allahabad High Court has stressed the need to reform the system of selection and appointment of the State Law Officers and has remarked the entire process should be more transparent and objective.Referring to the Apex Court's ruling in...

Gyanvapi Dispute: Varanasi Court Reserves Order On Masjid Committee's Challenge To Maintainability Of Hindu Worshippers' Suit

A Varanasi court today reserved its order on a plea moved by the Anjuman Islamia Masjid committee questioning the maintainability of the suit filed by five Hindu women (plaintiffs) over the Gyanvapi Mosque-Kashi Vishwanath temple dispute.The suit by Hindu women worshippers seeks year-long access to pray at a Hindu shrine behind the western wall of the Gyanvapi Mosque complex in Varanasi....

Article 19(1)(g) | Citizens' Right To Establish Educational Institution Can Be Restricted Only By Legislative Enactment, Not Mere Circulars: Delhi HC

The Delhi High Court today accepted an argument that a citizen cannot be deprived of the right to establish and administer an educational institution, unless the legislature in its wisdom decides to impose a reasonable restriction in general public interest on exercise of this fundamental right.Justice Rekha Palli observed that any restriction on the exercise of the right under Article...

Talaq/Bigamy-Courts Have No Role In Restraining Parties From Invoking Their Personal Law Remedies: Kerala High Court

The Kerala High Court recently, while setting aside two orders restraining a Muslim man from invoking irrevocable Talaq and from conducting a second marriage, held that the Courts have no role in restraining the parties from invoking their personal law remedies as otherwise, it would be violative of their rights protected under Article 25 of the Constitution of India. Division Bench consisting...

Delhi Riots: Court Acquits Man After Prosecution 'Did Not Care' To Produce S.65B Certificate To Establish His Identity As Mob Participant

A Delhi Court today acquitted one Dinesh Yadav of all the charges in a case concerning 2020 riots observing that his identity as member of riotous mob was not established beyond all reasonable doubts. The Complainant namely Idrish had alleged that on February 25, 2020, his house was put on fire by a riotous mob after committing robbery, thereby inflicting a financial loss of around Rs. 10...

High Court Can Grant "Transit Anticipatory Bail" To Person Apprehending Arrest Even In Absence Of FIR: Gujarat HC

The Gujarat High Court has made it clear that a person apprehending arrest can seek "transit anticipatory bail" so as to obtain time to approach the competent Court having territorial jurisdiction in the matter, even in the absence of registration of FIR.A transit bail is a bail granted by a Court not having jurisdiction over the place where offence was committed. A "transit anticipatory...

GST Exemption On Service Of Educating And Training Farmers Related To Agroforestry: Karnataka AAR

The Karnataka Authority of Advance Ruling (AAR) has ruled that the services of educating and training farmers with regard to agroforestry through scientific research and knowledge do not attract GST. The two-member bench of M.P. Ravi Prasad and T.Kiran Reddy has observed that the applicants, through their mara mitras, not only educate and train farmers with regard to agroforestry...