News Updates
S.143A NI Act | Interim Compensation Cannot Be Granted Without Giving An Opportunity Of Hearing To Accused: Karnataka High Court
The Karnataka High Court has said under Section 143-A of the Negotiable Instruments Act, the court can direct payment of interim compensation even without the complainant making an application praying for the same, but not without following principles of natural justice. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Himanshu Gupta and quashed the...
In-Flight Protest Against Chief Minister: Kerala Court Grants Bail To Youth Congress Vice President KS Sabarinadhan
A Kerala court on Monday released on bail State Youth Congress Vice-President K.S. Sabarinadhan in the case related to the recent protest against Chief Minister Pinarayi Vijayan on a flight at the Thiruvananthapuram airport.Thiruvananthapuram Principal Sessions Judge P.V. Balakrishnan allowed the bail application with conditions finding that custodial interrogation of the petitioner was...
UAPA | Only Special Court/Session Court Empowered To Decide Bail Applications, Judicial Magistrate Has No Jurisdiction: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently held that only the Special Court or in the absence of a Special Court, a Sessions Court exercising powers of a Special Court, can entertain and grant/refuse bail to a person accused of an offence under the provisions of Unlawful Activities Prevention Act. It held that a Judicial Magistrate has neither the jurisdiction to...
Orissa High Court Comes Down Heavily On Two Magistrate Courts For Their Inaction Resulting In '9 Yrs Delay' In Remand
The Orissa High Court has come down heavily on two Courts of Sub-Divisional Judicial Magistrates ('SDJM') for their apparent inaction/negligence, which resulted in about 'nine years' delay in grant of custody of accused to the investigating agency. Notably, the accused stayed in custody for all these years in connection with another case and his application for grant of bail was...
If Number Of Qualified Applicants Disproportionately Exceed Vacancies, Selection Committee May Shortlist Candidates Based On Rational Criteria: Kerala HC
The Kerala High Court on Tuesday ruled that a Selection Committee constituted to nominate a suitable candidate for a post can shortlist qualified applicants to trim down the number of such eligible applicants, provided the criteria for shortlisting do not eliminate candidates for not having qualifications that were never notified earlier.A Division Bench of Justice A.K Jayasankaran Nambiar...
Child Labour: Rajasthan High Court Issues Notice To Centre On PIL To Institutionalise Rescue & Rehabilitation Mechanism
The Rajasthan High Court has permitted impleadment of the Centre's Labour Department in a PIL seeking to institutionalise a 'rescue and rehabilitation mechanism' for all child labourers in the State.A Division Bench comprising Chief Justice SS Shinde and Justice Anoop Kumar Dhand allowed the application filed by petitioner, Advocate Gopal Singh Bareth. It ordered,"Petitioner who appears in...
Entertainment Duty Not Applicable On Billiards Tables At Members-Only Club: Bombay High Court
Entertainment duty is not applicable on billiards tables at a members-only club, the Bombay High Court held while quashing demand notices issued to eight elite clubs in Mumbai under the Bombay Entertainment Duty Act 1923. Unlike a commercial pool parlor meant for public entertainment at a fee, the clubs neither allow outsiders nor benefit commercially from the activity....
Breaking: Delhi High Court Stays Ban On Levy of Service Charge by Restaurants on Food Bills
Delhi High Court on Wednesday stayed CCPA guidelines that prohibited hotels and restaurants from levying service charges on bills. The said regulations instituted by the CCPA for the prevention of unfair trade practices and protection of customer interest state that- "...Service charge is being levied in addition to the total price of the food items mentioned in the menu and applicable...
S.125 CrPC | Object Of Maintenance Is To Compel Man To Perform Moral Obligation Which He Owes To Society Regarding Wife & Children: Delhi High Court
The Delhi High Court has observed that the provision of Section 125 of Code of Criminal Procedure which provides for maintenance, is intended to fulfil a social purpose and that its object is to compel a man to perform the moral obligation which he owes to the society in respect of his wife and children.Justice Purushaindra Kumar Kaurav was dealing with a plea filed by a husband against a...
Activity Of Providing Free Complimentary Cricket Match Tickets Is Exempted From GST: AAAR
The Punjab Appellate Authority of Advance Ruling (AAAR)has ruled that the GST is payable on the activity of providing free complimentary cricket match tickets. However, where complimentary tickets are being provided by the appellant to a related person or a distinct person, it shall fall within the ambit of supply on account of Schedule I and the appellant would be liable to pay...
Right To File Statutory Appeal Is Mandatory Before Initiating Any Recovery Proceeding: Calcutta High Court
The Calcutta High Court bench of Justice Md. Nizamuddin has held that the right to file a statutory appeal is mandatory before initiating any recovery proceeding. The petitioner/assessee has challenged the action of recovery of the demand arising out of the adjudication order by debiting from the electronic credit ledger. The demand was in violation of Section 78 of the WBGST Act,...