News Updates
Not Mandatory To Grant Anticipatory Bail Merely Because Interim Protection Was Granted At Initial Stage Of Proceedings: Delhi High Court
The Delhi High Court has observed that mere enjoyment of the interim benefit granted by it does not, in any manner, lessen the allegations which need to be considered on merits. Justice Anoop Kumar Mendiratta added that the Court is required to consider the nature of accusations, supporting evidence, reasonable apprehension of tampering with witnesses or apprehension of threat to complainants...
Not The Court's Job To Ban Apps: Supreme Court Refuses To Entertain Plea Against Truecaller
Supreme Court on Monday refused to entertain a Public Interest Litigation against the app, Truecaller, owing to the app allegedly being "intrusive". The matter was heard by the bench comprising Chief Justice of India U.U. Lalit and Justice Ravindra Bhat.At the outset, the petitioner underscored that the app Truecaller had users' personal information even if a person did not use the said app....
No Bar On Trial Courts In Deciding Issues Having No Precedent, Previously Undecided By Any Superior Court: Delhi High Court
The Delhi High Court has observed that the Trial Courts are wholly competent to decide the questions of fact and law which may arise before them, many of which may be res integra and previously undecided by any superior court. Justice C Hari Shankar added that the a Trial Court is well within its authority to decide all such issues and can even be the first judicial authority to take a view on...
Session Judge Who Passed 'Provocative Dress' Order In Civic Chandran's Case Moves Kerala High Court Challenging His Transfer
Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, who was recently transferred to the post of Presiding Officer, Labour Court, Kollam, subsequently after passing the 'Provocative Dress' remark in the Civic Chandran's Case, has approached the Kerala High Court challenging his transfer order. In the petition moved through Advocates Dinesh Mathew J. Muricken, Ahammad Sachin...
Transfer Orders In Armed Forces A Necessary Exigency Of Service, Can't Be Interfered With Unless Arbitrary/ Malafide: Delhi High Court
The Delhi High Court has observed that issuance of Posting Order resulting in transfer, especially for all those pertaining to Armed Forces, is a necessary exigency of service which should not be interfered by a Court as the Armed Forces are the best judges to exercise their own discretion. "Posting Order resulting in transfer, which is in the absence of a violation of any statutory...
Relief Of Specific Performance U/S 20 SRA Is No Longer Discretionary After 2018 Amendment: Gujarat High Court
The Gujarat High Court has held that the relief of specific performance under Section 20 of the Specific Reliefs Act is no longer discretionary, with notification of the 2018 Amendment Act.Whereas the unamended Section 20 stipulated that the specific relief "may" be granted at the discretion of the court, the amending Act substitutes Section 20 and renders the specific relief as...
How Does An Unaided Private Educational Institution Come Within Ambit Of Article 226 Of Constitution? Madhya Pradesh High Court Explains
The Madhya Pradesh High Court, Gwalior Bench recently issued a writ of mandamus under Article 226 of the Constitution of India, thereby directing an unaided private educational institution to clear the dues it owed to one of its ex-employees. The bench comprising of Justice M.R. Phadke observed that the Institution was parting education, which involves the element of public law,...
Delhi High Court Sets Aside Arbitral Award Requiring ISRO's Commercial Arm 'Antrix' To Pay Over 560 Million USD To Devas Multimedia
The Delhi High Court has set aside a 2015 arbitral award directing Antrix Corporation Limited, commercial and marketing arm of ISRO, to pay US$ 562.2 million to Devas Multimedia Private Limited over wrongful repudiation of contract.Justice Sanjeev Sachdeva held that the arbitral award dated September 14, 2015 suffered from patent illegalities and fraud and was also in conflict with the...
Court In Area Where Minor Ordinarily Resides Has Jurisdiction In Guardianship Case, Citizenship Of Child/ Parents Has No Bearing: Kerala High Court
The Kerala High Court recently held that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdiction in the place where the "minor ordinarily resides".A Division Bench consisting of Justice A Muhamed Mustaque and Justice Sophy Thomas observed that citizenship or domicile of the father of a child, or the fact that rightly or wrongly...
CBIC Notifies Simplification Of Procedure For Compounding Offences Under Customs Act
The Central Board of Indirect Taxes and Customs (CBIC) has notified the simplification of the procedure for compounding offences under the Customs Act.The Central Government has made changes to the Customs (Compounding of Offences) Rules, 2005. As per the amendment, the satisfaction of compounding authorities has been limited only to verifying and being satisfied that the full and...
Once Bidder Accepts Corporate Debtor In Slump Sale, Can't Request For Conversion Of Sale Into Sale As A Going Concern: NCLT Ahmedabad
The National Company Law Tribunal ("NCLT"), Ahmedabad Bench, comprising of Shri Madan B Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating a petition filed in State Bank of India & Anr. v Shirpur Power Pvt. Ltd., has held that once a successful bidder has accepted and purchased the Corporate Debtor in slump sale under IBC,...
Exporter Can't Be Deprived Of MEIS Benefits Due To Technical Error In Electronic System: Madras High Court
The Madras High Court has held that due to technical error or lacunae in the electronic system, the petitioner/exporter cannot be deprived of its benefit/incentive under the Merchandise Export from India Scheme (MEIS).The single bench of Justice Abdul Quddhose has directed the department to consider the petitioner's representation seeking to get the benefit under the MEIS for the...