News Updates
Tax Cases Weekly Round-Up: 14 August To 20 August, 2022
Bombay High Court Customs Authorities Cannot Encash Bank Guarantee Before Expiry Of The Limitation Period For Filing An Appeal: Bombay High Court Case Title: S. J. Enterprises & Anr. versus Union of India The Bombay High Court has reiterated that Customs Authorities cannot encash the Bank Guarantee furnished by the assessee before the expiry of the statutory period...
Satyendar Jain Cannot Be Declared Person With Unsound Mind Or Disqualified From Delhi Legislative Assembly Under Writ Jurisdiction: Delhi High Court
The Delhi High Court has dismissed a public interest litigation seeking to declare AAP leader Satyendar Jain as a person of 'unsound mind' thereby seeking his disqualification from the Delhi Legislative Assembly.Jain is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.A division bench comprising of Chief Justice Satish Chandra Sharma and...
Arbitration Cases Weekly Round-Up: 14 August To 20 August, 2022
Bombay High Court: Arbitral Tribunal Not Barred Under Section 79 Of The RERA Act From Passing An Order Of Injunction: Bombay High Court Case Title: Ashok Palav Coop. Housing Society Ltd. versus Pankaj Bhagubhai Desai & Anr The Bombay High Court has ruled that the Arbitral Tribunal is not a Civil Court within the meaning and purview of the Code of Civil Procedure, 1908 and...
Plus One Admission : CBSE Student Moves Kerala High Court Challenging State's Bonus Points Policy As Unduly Favouring State Board Students
A Student has moved the Kerala High Court challenging the policy of the State policy to award bonus marks for Plus One Admissions on the ground that it is unduly favouring students from the State Board.The petition has been moved through Advocates Aji V. Dev and Alan Priyadarshi Dev, challenging the policy of the State to award bonus marks for Plus One Admission on the grounds that it...
Delhi Court Acquits CM Arvind Kejriwal, Manish Sisodia & Yogender Yadav In 2013 Criminal Defamation Case Filed By Advocate
A Delhi Court today acquitted Chief Minister Arvind Kejriwal, Deputy Chief Minister Manish Sisodia and former Aam Aadmi Party leader Yogender Yadav in a 2013 criminal defamation case filed by an advocate. ACMM Vidhi Gupta Anand was of the view that the Complainant had failed to prove his case beyond all reasonable doubts and that the quality and relevancy, and not quantity of evidence, is...
Sister Can't Claim Benefit Of Compassionate Appointment In Presence Of Wife Under 'UP Dying In Harness Rules': Allahabad High Court
The Allahabad High Court has held that as per the UP Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, the benefit of compassionate appointment cannot be given to a sister in the presence of a wife. The bench of Justice Neeraj Tiwari observed that under the UP Dying in Harness Rules 1974 as amended by 2021 rules, a wife has the first right to a...
Every Pregnant Woman Deserves Dignity, Giving Birth In Custody Traumatic For Both Mother & Child: Delhi High Court
Observing that every pregnant female deserves dignity during motherhood, the Delhi High Court has granted three months interim bail to a pregnant undertrial prisoner who was expecting her delivery in jail. Justice Anoop Kumar Mendiratta also added that pregnancy of a woman is a special circumstance which needs to be appreciated as giving birth to a child while in custody, would not only be...
State & Judiciary Burdened For 19 Yrs: Delhi High Court Quashes 2003 Cheating FIR Based On Compromise, Imposes ₹1 Lakh Cost On Accused
Quashing a 2003 cheating FIR after settlement between parties, the Delhi High Court has imposed a cost of Rs. 1 lakh on a 77 year old accused, directing that the same be deposited in PM Cares Fund for welfare of children (PM CARES for Children Scheme).Justice Swarana Kanta Sharma quashed an FIR registered under sec. 328, 420, 467, 468, 471, 323, 506 and 120B of Indian Penal Code on the...
Allahabad High Court Explains Difference Between Inquiry Undertaken U/S 174 CrPC And Investigation Conducted U/S 157 CrPC
The Allahabad High Court recently explained the difference between the Section 174 CrPC [Police to enquire and report on suicide, etc.] and Section 157 CrPC [Procedure for investigation preliminary inquiry]. The Court emphasized that the preparation of inquest under Section 174 Cr.P.C. is in fact in the nature of inquiry, and the same cannot be equated with the investigation contemplated...
Substitution Of Arbitrator On Ground Of Bias Will Not Come Within The Scope Of Substitution Under Section 29A (6) Of A&C Act: Kerala High Court
The Kerala High Court has ruled that allegation of bias cannot be raised as a ground to seek substitution of Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice Sathish Ninan held that there is a stark difference between the substitution of an Arbitrator under Section 15(2) and the substitution of the Arbitrator...
S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court
Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset,...