News Updates
JJ Act | Enquiry U/S 15 By Juvenile Justice Board Not Mandatory Before Consideration & Grant Of Bail U/S 12: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently held that there is no requirement of prior consideration of the social investigation report by JJ Board while considering a bail plea under section 12 of the Juvenile Justice Care and Protection Act, as that was never intended by the legislature. A bench comprising Justice MA Chaudhary observed: "The primary assessment of a child...
Karnataka Govt Has Not Given Permission For Radio-Collaring Of Tigers: High Court Closes PIL
The Karnataka High Court on Monday disposed of a petition filed in the year 2009 questioning the action of radio collaring of tigers in the Nagarhole National Park. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty said, "The State government had constituted an expert committee to conduct a detailed study on the death of tigers in Nagarhole National...
Inland Haulage Charges Received By Shipping Companies Not Taxable As Business Profit: ITAT Mumbai
The Mumbai Bench of ITAT has reiterated that the activity of Inland Haulage is directly connected with the transportation of goods in international traffic and thus, Inland Haulage Charges are not taxable as business profit in India in view of Article 8 of the India-UAE DTAA (Double Taxation Avoidance Agreement). The Bench, consisting of Vikas Awasthy (Judicial Member) and...
Can A Child's DNA Test Be Ordered In A Case Of Paternity Dispute? Kerala High Court To Examine
The High Court of Kerala has decided to examine the legal issue whether an order can be passed to conduct the DNA test of a child in a case of paternity dispute.The Court will examine if passing such a direction will infringe a child's right to privacy, which has been declared as a fundamental right under Article 21 by the Supreme Court in the KS Puttaswamy case. The impact of Section 112 of...
Delay In Construction Of Indira Gandhi International Sports Complex In Haldwani: Uttarakhand High Court Seeks State Govt's Reply
The Uttarakhand High Court has sought the reply of the state government over the delay in the construction of Indira Gandhi International Sports Stadium Complex at Haldwani.The bench of Chief Justice Vipin Sanghi and Justice RC Khulbe directed the state and other respondents to file their responses on the following issues:- Indicate as to how much money has been spent on the project. -...
DHL Supply Chain Files Insolvency Plea Against Eicher Motors: NCLT Delhi To Decide The Issue Of Maintainability
The National Company Law Tribunal (NCLT), New Delhi Bench, comprising of Dharminder Singh (Judicial Member) and Sumita Purkayastha (Technical Member), while adjudicating an application filed under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("IBC") in DHL Supply Chain Pvt. Ltd. v Eicher Motors Ltd., has directed DHL to convince the Bench on the maintainability of the...
WhatsApp's New Privacy Policy Neither Withdrawn Nor Stayed; Jurisdiction To Investigate Not Closed: CCI Tells Delhi High Court, Judgment Reserved
The Competition Commission of India (CCI) on Monday informed the Delhi High Court that its jurisdiction to investigate Whatsapp's new privacy policy is not closed as the policy in question is neither withdrawn nor stayed by any judicial forum. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad reserved order in the appeals filed by WhatsApp and...
Can't Recommend Legislature To Frame Anti-Conversion Law In Absence Of Specific Allegations Of Forced Religious Conversions: Delhi High Court
The Delhi High Court on Monday orally said it cannot direct the government to frame an anti-religious conversion law, especially in the absence of any material indicating instances of forced conversions.A division bench comprising Justices Sanjeev Sachdeva and Tushar Rao Gedela was hearing a PIL filed by Advocate Ashwini Upadhyay, seeking directions on Centre and Delhi government to frame...
[Narayan Rane Residence] "Whether 300% Additional Construction Is An Irregularity Or Unauthorised Construction, You Have To Decide": Bombay HC To BMC
The Bombay High Court on Monday asked BMC to file a reply and state if a second application to regularise 300% additional construction at Union Minister Narayan Rane's Juhu residence was maintainable. Justice Dhanuka leading the bench referred to the earlier round of litigation wherein Rane failed after strong objection from the BMC, and said:"The defects pointed out by you (BMC) and accepted...
"Public Prosecutors Hobnobbing With Politicians" : Himachal Pradesh HC Orders Them To Take Refresher Course On Ethics, Morality
Making a stern observation that the Public Prosecutors are shamelessly hobnobbing with the politicians, the Himachal Pradesh High Court recently directed all the state Public Prosecutors inducted in service over the last 15 years to undergo a refresher course on ethics and morality.The bench of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia also stressed that the working of...
IBC Cases Weekly Round Up: 18 July To 24 July, 2022
SUPREME COURT NCLT Not A Debt Collection Forum ; Operational Creditor's Application To Initiate CIRP Must Be Dismissed If The Debt Is Disputed: Supreme Court Case Title: SS Engineers vs Hindustan Petroleum Corporation Ltd Case No.: 2022 LiveLaw (SC) 617, CA 4583 OF 2022 The Supreme Court Bench comprising of Justices Indira Banerjee and V. Ramasubramanian observed that...
Karnataka High Court Dismisses Plea Seeking Protection For Justice HP Sandesh Who Spoke Of "Transfer Threat"
The Karnataka High Court on Monday dismissed a public interest litigation seeking protection for Justice HP Sandesh, who recently made sensational revelations regarding "transfer threats" for slamming investigations carried out by the Anti-Corruption Bureau in a case allegedly involving Deputy Commissioner, Bengaluru (Urban).While dismissing the petition filed by advocate Ramesh Naik L,...