News Updates
ED's Power Under PML Act Rests On The Quartet-Test Of 'Search', 'Seize', 'Proceeds Of Crime' & 'Money-Laundering': Calcutta High Court
In a significant order, the Calcutta High Court on Wednesday explained and deliberated upon the procedure of Search, Seizure of Property & Impounding of Records as provided under Section 17 (1) of the Prevention of Money Laundering Act.The bench of Justice Moushumi Bhattacharya stressed that the power of the Directorate of Enforcement under the PML Act rests upon the quartet-test of...
Arbitrator Cannot Be Appointed Over A 'Dead Cause Of Action' Barred By Law Of Limitation: Gujarat High Court
The Gujarat High Court has held that a party cannot be allowed to seek appointment of arbitrator over a "dead" cause of action or to revive a claim which is barred by the Law of Limitation. "Normally the issue of limitation being question of fact/s and the Law governing the same would be procedural, it would always be open for the Arbitral Tribunal to decide based on the facts that may...
Gujarat High Court Permits 'Idea Cellular' To Submit Soft Copies Of 'Customers Activation Forms' After Originals Destroyed In Fire
The Gujarat High Court has asked the Central Government to sympathetically consider the case of Idea Cellular Limited which is unable to submit physical copies of Customers Activation Forms ('CAF') after the same were destroyed in a fire at its warehouse in 2011.Justice AS Supehia observed: "It is clarified that since the petitioners are not having original physical copy of such forms,...
Denial Of Equal Pay For Equal Work Offends Articles 14 & 21 Of Constitution: Andhra Pradesh High Court
The Andhra Pradesh High Court has overturned the State's decision to not increase the remuneration granted to Computer Assistants engaged on contractual basis in various district courts of the state, attached to the post of data processing officer, with effect from 01.04.2019.A division bench of Justice A.V. Sesha and Justice G. Ramakrishna Prasad held that having extended the benefit of...
Karnataka High Court Refuses To Quash POCSO Case Against School Teacher Who 'Removed Student's Pants' As Punishment
The Karnataka High Court has refused to quash a case of sexual harassment registered against a school teacher under the provisions of the Protection of Children from Sexual Offences Act for allegedly beating a 5-year-old student and removing her pants, revealing the body of the child as a measure of punishment. A single judge bench of Justice M Nagaprasanna said, "Section...
Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court
The Karnataka High Court has said that the General Manager of Nandini Milk Products, which is a unit of KMF, a cooperative society, would become a 'public servant' within the Prevention of Corruption Act, 1998, for the ACB to register a crime. A single judge bench of Justice M. Nagaprasanna dismissed a petition filed by one V. Krishnareddy questioning the registration of crime against...
"Stay Safe & Keep Others Safe" : CJI Advises Advocates To Wear Masks
Amidst the rising number of CoVID cases, the Chief Justice of India NV Ramana on Thursday advised everyone in the courtroom to wear masks.When the bench of Chief Justice of India NV Ramana and Justice Krishna Murari assembled today morning and counsels sought court's permission to mention their matters for urgent hearing the CJI said,"Please wear a mask. The majority of our staff and...
Arbitration Agreement Not A Bar For Referring Parties To Facilitation Council Under MSMED Act: Andhra Pradesh High Court
The Andhra Pradesh High Court has ruled that a reference to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) for conciliation and subsequent arbitration, is not barred on account of the presence of an arbitration agreement between the parties. The Single Bench of Justice R. Raghunandan Rao held that even if the arbitration...
Assessee Eligible For SVLDRS Declaration Since The Demand Of Duty Quantified On Or Before June 30, 2019: Bombay High Court
The Bombay High Court has allowed the declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 on the grounds that although there was an audit, the amount of duty quantified has also been quantified before 30th June 2019.The division bench of Justice K.R. Shriram and Justice Milind N. Jadhav has observed that the rejection of the petitioner's declaration on the...
Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that even if prima facie case is established against an accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment as pre-trial punishment as the same clearly falls foul of the principles of criminal jurisprudence. A bench comprising Justice Mohan Lal was hearing...
Sum Directed To Be Refunded To Assessee Is A debt In The Hands Of Dept.: Delhi High Court Allows Interest On Refund U/S 244A
The Delhi High Court held that the Punjab & Sind Bank is entitled to a refund of money deposited by it upon re-computation by the department and interest is liable to be paid under Section 244A(1)(b) of the Income Tax Act.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that a sum has been found refundable to the assessee as a consequence of...