News Updates
Abetment Of Suicide | Mere Allegation Of Pressure At Workplace Without Any Specific Act Will Not Attract S.306 IPC: Andhra Pradesh High Court
The Andhra Pradesh High Court recently granted pre-arrest bail to an accused under Section 306 of Indian Penal Code (punishment for abetment of suicide). Justice Subba Reddy Satti placed reliance on Supreme Court decision in Geo Varghese v. State of Rajasthan (2021) to reiterate that mere allegation of pressure or harassment without any positive act would not suffice to attract...
Delhi High Court Denies Interim Relief To TV Today In Defamation & Copyright Infringement Suit Against Newslaundry
The Delhi High Court on Friday refused interim relief to TV Today Network, which owns news channels India Today and Aaj Tak, in the suit filed by it against news portal Newslaundry, its CEO Abhinandan Sekhri and others, seeking damages of Rs. 2 crores for copyright infringement and defamation of its anchors, management and employees.Justice Asha Menon, who ruled on the interim...
Exemption In Payment Of Court Fee Is A State Subject & Is Not Guaranteed Under Legal Services Authorities Act: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that Section 12 of Legal Services Authorities Act, 1987 does not provide for exemption in payment of Court Fee to the persons specified therein including Scheduled Caste and Scheduled Tribe. For exemption in Court Fee, provisions under State Court Fee Act have to be applied.Explaining the procedure to be followed, a division bench comprising...
Remedies Under SARFAESI Act Are Expeditious & Effective: Gujarat High Court Declines Writ Petition Against Rejection Of Early Hearing By DRT
The Gujarat High Court has declined to exercise its writ jurisdiction under Article 226 in a petition challenging order of the Debt Recovery Tribunal which rejected Petitioner's application for preponement of hearing, fearing dispossession from property.Justice Vaibhavi D. Nanavati observed that the remedies available to an aggrieved person under the SARFAESI Act are both expeditious...
Capital Gain Exemption Can Be Availed Only When The New Asset Is Purchased In The Name Of The Assessee: ITAT
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) has held that for availing the benefit of deduction under section 54F, the new asset shall be purchased in the name of the assessee.The two-member bench of S.S.Godara (Judicial Member) and Dipak P. Ripote (Accountant Member) has observed that section 54F does not say that the assessee shall invest in the new house, but it says...
Writ Jurisdiction To Be Exercised In Circumspection, Can't Displace Authority's Order By Merely Taking Another Opinion On Same Material: Delhi HC
The Delhi High Court has observed that the order passed by an authority cannot be displaced merely because High Court can take another opinion on the same material in writ jurisdiction. Justice Dinesh Kumar Sharma further added that although the writ jurisdiction conferred upon the High Court is wide, but the same has to be exercised in circumspection. "This Court in its writ jurisdiction...
Look Out Circular | Directors Of Company Can't Be Denied 'Right To Travel Abroad' In Absence Of Any Non-Compoundable Offence: Orissa High Court
The Orissa High Court has recently held that Directors/office bearers of a company cannot be deprived of their fundamental right to visit abroad by issuing Look Out Circular (LOC) when there exists no prima facie non-compoundable offence against them. Further, mere bald allegations, without any rigid substance to substantiate the same, cannot be made basis for issuing...
Show-Cause Notice Is A 'Superfluous Formality' If No Prejudice Is Caused: Andhra Pradesh High Court
The Andhra Pradesh High Court has dismissed a writ petition opposing termination of lease on the ground that except non-issuance of show cause notice, the Petitioner had no other cause or prejudice.Justice R. Raghunandan Rao relied on the following principle laid down in State of UP v. Sudheer Kumar Singh (2020): "Natural justice is a flexible tool in the hands of the judiciary to...
"Not All 100-Page Judgements Are Well Considered": Bombay High Court Remarks
On Thursday, Chief Justice Dipankar Datta of the Bombay High Court made an off the cuff remark indicating that the length of a judgement doesn't decide its authority. The judgement's length wouldn't automatically imply it is well reasoned, the CJ said. "Mr. AG, Not All 100-page judgements are well considered," the CJ told Advocate General Ashutosh Kumbhakoni in response...
Dept. To Follow Procedure Set Out In Circular On The Issues Of Mismatch: Madras High Court Quashes VAT Assessment
The Madras High Court bench of Justice Anitha Sumnath has quashed the VAT assessment and directed the department to follow the procedure set out in the circular regarding the issue of mismatch. The petitioner has challenged the assessment order passed under the provisions of the Tamil Nadu Value Added Tax Act, 2006 for the period 2013–14. The substantial addition to turnover was on...
Pendency Of Arbitration Is Not A Bar To The Maintainability Of An Admiralty Suit For Arrest Of The Ship: Bombay High Court
The High Court of Bombay has held that the pendency of an arbitration proceeding between the parties on the same cause of action is not a bar to the institution of an admiralty suit. The Bench of Justice N.J. Jamadar held that merely because the vessel owner has instituted an arbitration against the charterer, the same would not preclude the charterer from filing an admiralty suit...
S.226 - 228 CrPC Meant To Ensure Expeditious Disposal Of Criminal Case, Parties Must Not Indulge In Dilatory Tactics: Gujarat High Court
The Gujarat High Court has recently dismissed a revision petition seeking reconsideration of application filed by Petitioner-Accused under Section 227 CrPC for discharge from a murder and assault case.The Bench comprising Justice Samir Dave noted that the charge and framing of charge have been deferred time and again due to several applications moved by the petitioner along with co-accused...