News Updates
Definition Of Relative Under Senior Citizens Act Can't Be Treated At Par With Income Tax Act, 1961: Delhi High Court
The Delhi High Court has held that the petitioner's real intent was to ensure that gift tax is not levied on donee. The petition does not promote the maintenance and welfare of senior citizens.The division bench of Justice Manmohan and Justice Manmeet Preetam Singh Arora has observed that as per the object of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the...
Allahabad HC Sets Aside Show Cause Notice Issued After Pre-Meditation As Respondent Had Already Expressed Its Mind
The Allahabad High Court recently set aside a show cause notice sent after pre-mediation as the Court noted that the respondent (a government authority) had already made up their mind and had expressed their decision in the notice while issuing the same to the petitioner (M/S Bcits Pvt. Ltd.)."...even if the petitioner offers its explanation, it would be an empty formality and a futile...
Special Lok Adalats Organised Throughout State Of UP: Over 2000 Pending Arbitration Cases Disposed
Special Lok Adalats were organized on August 6, 2022, & August 7, 2022, in all the districts of Uttar Pradesh, and over 2000 pending arbitration matters were disposed of. It was organized under the direction of Chief Justice Rajesh Bindal who is also the Patron-in-Chief of the Uttar Pradesh State Legal Services Authority.The Special Lok Adalats were organized under the guidance of...
In The Name Of Caste & Creed Social Differentiation Is Still Being Created In 21st Century: MP High Court Denies Bail To Rape Accused
"...what is glaring or staring at this Court is that in the 21 st century, still in the name of caste and creed, social differentiation is being created," the Madhya Pradesh High Court remarked as it denied bail to a man who has been accused of establishing physical relation on a false promise of marriage.The bench of Justice Vivek Agarwal denied him bail on the ground that it was not in the...
Madhya Pradesh High Court Orders Disciplinary Action Against Police Officer For 'Faulty' Probe In Seizure Of 21KG Cannabis
The Madhya Pradesh High Court recently ordered disciplinary action against a police officer on account of his 'faulty investigation' in connection with 21 Kgs Cannbis seqizure case. The Court ordered thus as it granted bail to the accused from whose possession allegedly 21 Kg of Cannabis was recovered.The bench of Justice Deepak Kumar Agarwal also directed the Additional Director General...
CIRP Against Solvent, MSME Company Providing Employment Not Justified : NCLAT Delhi
The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in M/s Agarwal Veneers v Fundtonic Service Pvt. Ltd., has upheld the dismissal of a Section 9 petition on the grounds of the Corporate Debtor being a solvent company, operating as...
NCLT Principal Bench To Hear Matters Through Video Conferencing From 8th To 18th August 2022
The National Company Law Tribunal ("NCLT") has issued a Circular dated 05.08.2022, intimating that the matters before the Principal Bench (Court Room No. 1) of the NCLT, New Delhi, would be heard through video conferencing from 08.08.2022 to 18.08.2022. The hearings are being conducted through video conferencing to meet the shortage of Members in NCLT after 15 Members retired...
Account Statements And IT Returns Relied On By Arbitral Tribunal, Have Evidentiary Value : Delhi High Court
The Delhi High Court has ruled that the arbitral award cannot be set aside on the ground that the material relied upon by the Arbitral Tribunal does not measure up to the standards under the Indian Evidence Act, 1872. The Bench, consisting of Justices Vibhu Bakhru and Amit Mahajan, held that an award passed by the Arbitral Tribunal, by relying upon the Bank Account statements and...
Chhattisgarh High Court Grants Bail To Man Accused Of Sharing Nupur Sharma's Comments On Prophet Muhammad On FB
The Chhattisgarh High Court last week granted bail to Nagendra Patel who has been accused of sharing allegedly provocative comments made by former Spokesperson of the BJP, Nupur Sharma on Facebook against Prophet Muhammad.The bench of Justice Rajani Dubey ordered Patel's release on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to...
Allahabad High Court Orders DNA Test In A Murder Trial To 'Unearth Truthfulness' Of Prosecution's Case
In a significant order, the Allahabad High Court has allowed conduct of DNA Test in a murder trial as it noted that the same was in the interets of justice to unearth the truthfulness of the prosecution's case.However, the bench of Justice Gautam Chowdhary did stress that the DNA test should not to be directed as a matter of routine and in only deserving cases where a strong prima facie case...
CBIC Issues Advisory For AEM For Delayed Bill Of Entry Under Faceless Assessment
The Central Board of Indirect Taxes and Customs (CBIC) has issued the advisory for the Anonymised Escalation Mechanism (AEM) for delayed Bill of Entry under Faceless Assessment. The Board has endeavoured to provide an anonymized escalation mechanism for ICEGATE registered users where they can submit their grievance for delay in Bill of Entry clearance under faceless assessment....
Service Of Preparation Of Scalp, Fitment And Maintenance Of Wig- Indivisible Contact: Madras High Court
The Madras High Court has held that the primary activity is the manufacture of the wig, for which the central excise duty is remitted. The fitment of the wig, including the preparation of the scalp and optional maintenance of the wig itself, is incidental to the manufacturing and supply of the wig.The single bench of Justice Anitha Sumanth has relied on the decision of the Supreme Court...