News Updates
Arbitration Agreement Not A Bar For Referring Parties To Facilitation Council Under MSMED Act: Andhra Pradesh High Court
The Andhra Pradesh High Court has ruled that a reference to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) for conciliation and subsequent arbitration, is not barred on account of the presence of an arbitration agreement between the parties. The Single Bench of Justice R. Raghunandan Rao held that even if the arbitration...
Assessee Eligible For SVLDRS Declaration Since The Demand Of Duty Quantified On Or Before June 30, 2019: Bombay High Court
The Bombay High Court has allowed the declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 on the grounds that although there was an audit, the amount of duty quantified has also been quantified before 30th June 2019.The division bench of Justice K.R. Shriram and Justice Milind N. Jadhav has observed that the rejection of the petitioner's declaration on the...
Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that even if prima facie case is established against an accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment as pre-trial punishment as the same clearly falls foul of the principles of criminal jurisprudence. A bench comprising Justice Mohan Lal was hearing...
Sum Directed To Be Refunded To Assessee Is A debt In The Hands Of Dept.: Delhi High Court Allows Interest On Refund U/S 244A
The Delhi High Court held that the Punjab & Sind Bank is entitled to a refund of money deposited by it upon re-computation by the department and interest is liable to be paid under Section 244A(1)(b) of the Income Tax Act.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that a sum has been found refundable to the assessee as a consequence of...
In Absence Of Any Resistance Or Alarm It Cannot Be Said Victim Was Kidnapped: Calcutta High Court Acquits Two
On Monday, the Calcutta High Court acquitted two persons accused kidnapping with an intention to marry on the grounds of doubt regarding victim girl's age, inconsistency in the narrations made by victim along with delay in lodging the FIR.The bench of Justice Sugato Majumdar also took note of victim's failure to raise hue cry, which raised suspicion as to the prosecution's story. "She is...
[PNB Scam] Bombay High Court Grants Bail To Vipul Chitalia, Former Vice President Of Gitanjali Group
The Bombay High Court on Thursday granted bail to Vipul Chitalia, former vice president (banking operations) of Gitanjali Group of Companies and an accused in the multi crore Punjab National Bank (PNB) scam involving Mehul Choksi, owner of the group. Justice Bharati Dangre granted bail to Chitalia four and a half years after he was arrested in the scam in March 2018. He was...
Limitation Is An Aspect Of Public Policy For The Purpose Section 34 Of Arbitration Act : Madras High Court
The Madras High Court has ruled that limitation is a facet of public policy, and hence, an arbitral award which is incorrect qua limitation is hit by Section 34(2)(b)(ii), read with Clause (ii) of Explanation 1 to Section 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice M. Sundar held that, in view of the principle laid down by...
Students Can't Be Faulted For Pharmacy Council's Failure To Approve Medical Stores For Imparting Training: Gujarat HC Grants Relief To Diploma Holders
The Gujarat High Court has come to the rescue of D.Pharm students who were denied registration as 'Pharmacist' by the State Pharmacy Council on the ground that they have not undertaken training from medical stores approved the the Pharmacy Practice Regulations, 2015. A single bench of Justice AS Supehia noted that the Pharmacy Council of India has not approved any medical store under...
'He Has Right To Privacy': Kerala HC Asks ED Why Thomas Issac Should Produce Documents Of His Assets At First Instance
The Kerala High Court on Thursday asked the Enforcement Directorate to explain why former Finance Minister of Kerala Dr Thomas Issac was asked to produce private information regarding his assets at this preliminary stage of the case, particularly when he was not even an accused or suspect yet.Justice V G Arun raised the question while hearing the plea filed by Issac against the...
"Injustice To Divide A Well-Knitted Family": Meghalaya HC Quashes POCSO Charges Against Man Accused Of Having 'Consensual Sex' With Minor Wife
The Meghalaya High Court, on Wednesday, quashed and set aside charges levelled against a man under the provisions of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act') for allegedly having 'consensual sex' with his minor wife. A Single Judge Bench of Justice W. Diengdoh took note of the peculiar circumstances of the case and observed, "…in the event it...
Gujarat Mineral Rules | Seized Vehicle Liable To Be Released If FIR For Contravention Not Registered Within 45 Days Of Seizure: High Court
The Gujarat High Court has held that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and seized properties upon expiry of the 45 days period specified under the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.In the absence of such an exercise, the seized vehicle will have to be released in favour of...
S.14A SC/ST Act | Order Taking Cognizance & Issuing Summons Is Appealable As It Is An 'Intermediate Order', Not 'Interlocutory Order': Orissa HC
The Orissa High Court has held that an order taking cognizance and issuing summons for offences alleged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is an 'appealable order' in terms of Section 14-A(1) of the Act. A Single Judge Bench of Justice Aditya Kumar Mohapatra further held that such order cannot be classified as 'interlocutory order' as the...