News Updates
Punjab & Haryana High Court Denies Pre-Arrest Bail To Acupressure Practitioner For Unauthorisedly Treating Patient Resulting In Leg Amputation
Punjab and Haryana High Court recently denied anticipatory bail to an acupressure practitioner who gave treatment to a patient suffering from a disease called gangrene, for which she was not qualified to administer treatment. In the present case treatment has been given by the petitioner-accused for a disease, which was beyond her knowledge and qualification, for which she was...
Company Not Made An Accused, No Direct Allegations Against Directors: Jharkhand High Court Quashes FIR
The Jharkhand High Court quashed the FIR and entire criminal proceedings on the ground that the company was not made an accused and the directors of the company were made the accused. However, there was no direct allegation against the mala fide of the directors.The single judge bench of Justice Sanjay Kumar Dwivedi observed that criminal proceedings and civil proceedings can...
High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC
The Delhi High Court has observed that the supervisory jurisdiction under Article 227 of the Constitution of India cannot be exercised by High Courts to monitor the progress of cases before lower courts. "It is not possible for this Court, exercising jurisdiction under Article 227 of the Constitution of India, to monitor the progress of cases before the fora below," Justice C Hari...
Jammu & Kashmir & Ladakh High Court Weekly Round-Up: July 10 To July 16, 2022
Nominal Index: Kamaljeet Singh Vs UT of J&K and Ors 2022 LiveLaw (JKL) 63 Jaffar Hajam Mohd Abbas and ors. V/s Chairman and Managing Director, FCI & ors 2022 LiveLaw (JKL) 64 Enigineering Control Vs. Banday Infratech Pvt. Ltd 2022 LiveLaw (JKL) 65 Sanjay Kumar Srivastava & Ors. Vs. Central Bureau Of Investigation 2022 LiveLaw (JKL) 66 Waseem Qureshi vs UT of...
Orissa High Court Releases Convict Under Probation Of Offenders Act In '30 Yrs Old' Attempt To Murder Case
The Orissa High Court has released a person under the Probation of Offenders Act, 1958 ('the P.O. Act') while upholding his conviction for attempt to murder under Section 307, IPC in a '30 years old' case. A Single Judge Bench of Justice Sashikanta Mishra observed, "…it is seen that the occurrence undoubtedly took place more than 30 years back. The Petitioner was a young man at...
Bar Under Section 41(1) Of The Presidency Small Causes Courts Act Is Not Attracted When The Tenant-Landlord Relationship Is Non-Existing: Bombay High Court
Bar Under Section 41(1) Of The Presidency Small Causes Courts Act Is Not Attracted When The Tenant-Landlord Relationship Is Non-Existing: Bombay High Court The Bombay High Court has held that bar under Section 41(1) of the Presidency Small Causes Courts Act, 1882[i] is not attracted to a dispute regarding declaration of tenancy rights under a partnership deed when the...
Benefit Of Carried Forward Business Losses And Unabsorbed Depreciation Losses Can't Be Availed For Ingenuine Amalgamation/Demerger: ITAT
The Pune Bench of the Income Tax Appellate Tribunal (ITAT) consisting of S.S. Vishwanethra Ravi (Judicial Member) and Inturi Rama Rao (Accountant Member) has held that the benefit of section 72A of the Companies Act, 1956 cannot be availed if the sole idea of the amalgamation was only to avail the benefit of carried forward business losses and unabsorbed depreciation losses as it is not...
Kerala High Court Weekly Round-Up: July 11 To July 17, 2022
Nominal Index [Citations 2022 LiveLaw (Ker) 340-353]Dhanya & Anr v. State of Kerala & Ors, 2022 LiveLaw (Ker) 340R Baji v Kerala State Road Transport Corporation & Ors, 2022 LiveLaw (Ker) 341Jeyaprabha R. v. CBI & connected matters, 2022 LiveLaw (Ker) 342M/s Holmarc Opto Mechatronics (P) Ltd v. Secretary, Kalamassery Municipality & Ors, 2022 LiveLaw (Ker) 343Sivalal v....
Allahabad High Court Weekly Round Up: July 11 To July 17, 2022
NOMINAL INDEX State of U.P. v. Baij Nath And Others 2022 LiveLaw (AB) 316 Nahid Hasan v. State of U.P. 2022 LiveLaw (AB) 317 Vice Chairman Abss Institute Of Technology v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 318 Shireen v. State Of U.P. And Ors 2022 LiveLaw (AB) 319 Committee of Management, Imambara Qadeem, Manauri, District Prayagraj through its Secretary and another...
Tax Cases Weekly Round-Up: 10 July To 16 July, 2022
Supreme Court Sufficiency Or Inadequacy Of Reasons To Believe Cannot Be Looked Into While Considering Validity Of Search & Seizure U/Sec 132 Income TaxAct: Supreme Court Case Title: Principal Director Of Income Tax (Investigation) vs Laljibhai KanjiBhai Mandalia | 2022 LiveLaw (SC) 592 Citation: 2022 LiveLaw (SC) 592 The Supreme Court, in a judgment delivered...
Arbitration Cases Weekly Round-Up: 10th July To 16th July, 2022
Supreme Court: Court Under Section 34,37 Arbitration Act Cannot Modify An Award ; It Can Only Remand: Supreme Court Case Title: National Highways Authority of India versus P. Nagaraju @ Cheluvaiah Citation: 2022 LiveLaw (SC) 584 The Supreme Court observed that, under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the...
NCLT Hyderabad Initiates Insolvency Process Against Trident Sugars LTD.
The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating an application filed in NSL Krishnaveni Sugars Ltd v Trident Sugars Limited, has initiated Corporate Insolvency Resolution Process ("CIRP") against Trident Sugars Ltd. and...