News Updates
Production Of Succession Certificate Mandatory When Decree Holder Dies Only If Decree Amount Comes Under 'Debts' Or 'Securities': Kerala High Court
The Kerala High Court on Friday held that the production of succession certificate is mandatory as per Section 214(1)(b) of the Succession Act when the decree holder dies in cases where the decree amount comes under the category 'debts' or 'securities'.Justice A Badharudeen further added that when the decree holder dies after the deposit has been made, an exemption is made for the production...
Allahabad High Court Refuses To Quash FIR Against Man Who Allegedly Called Prime Minister, Home Minister 'Dog'
The Allahabad High Court recently refused to quash the First Information Report filed against one Mumtaz Mansoori who allegedly called the Prime Minister of India, Narendra Modi, Union Home Minister of India, Amit Shah, and other Union Ministers as 'Dog'.The Bench of Justice Ashwani Kumar Mishra and Justice Rajendra Kumar-IV observed that although our Constitution recognizes freedom of...
Can Reappreciate Evidence In Appeal Against Acquittal But Strong Circumstances Needed To Reverse Order: Allahabad High Court
The Allahabad High Court has observed that in an appeal against the order of acquittal, there is no embargo for reappreciating the evidence and taking a different view; but there must be strong circumstances to reverse the order of acquittal. "In the appeal against order of acquittal, the paramount consideration of the appellate court should be to avoid miscarriage of justice.ere must be...
Centre Notifies Appointment Of 9 Additional Judges To Bombay High Court
The Central Government today notified the appointment of 9 Additional Judges to Bombay High Court.The names (all lawyers) proposed for elevation are :1. Kishore Chandrakant Sant,2. Valmiki Menezes SA,3. Kamal Rashmi Khata,4. Sharmila Uttamrao Deshmukh,5. Arun Ramnath Pednekar,6. Sandeep Vishnupant Marne,7. Gauri Vinod Godse,8. Rajesh Shantaram Patil, and9. Arif Saleh Doctor.It may be noted...
Guarantor Cannot Enjoy 'Right Of Subrogation' Even After CIRP Against Principal Debtor Gets Concluded: NCLT Hyderabad
The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Dr. N. Venkata Ramakrishna Badarinath (Judicial Member) Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating a petition filed in State Bank of India v Shri. Ghanshyam Surajbali Kurmi, has held that a guarantor cannot enjoy a right of subrogation even after the Corporate...
Impossible For The Party To Fulfil Its Obligations Under The Contract; Parties Cannot Be Referred To Arbitration: Telangana High Court
The Telangana High Court has ruled since it was impossible for a party to fulfil its obligations under an agreement, in view of the doctrine of frustration, the parties cannot be referred to arbitration, despite the presence of an arbitration clause. The Single Bench of Chief Justice Ujjal Bhuyan observed that though the lease deed between the parties contained an arbitration...
Madras High Court Quashes Non-Speaking Order Rejecting The GST Registration Application
The Madras High Court bench of Justice Anitha Sumanth has quashed the non-speaking order rejecting the GST registration application. The petitioner had made an application seeking registration in accordance with Section 22 read with Section 25 of the CGST Act and Rule 8 of the CGST Rules. The registration sought was in respect of a rice mandi. The receipt of the application was...
CBIC Notifies Deputy DRI Or Assistant DRI To Act As The Proper Officer Under The Customs
The Central Board of Indirect Taxes and Customs (CBIC)has notified the Deputy DRI or Assistant DRI to act as the proper officer under the Customs. The CBIC has issued amendments to its earlier issued Notification No. 26/2022-Customs (N.T) dated March 31, 2022, which assigned certain officers in relation to the functions under the Customs Act, 1962. The Board has added New SI. No. 4A...
Pulwama Terror Attack: J&K&L High Court Dismisses Accused' Appeal Claiming 'Plea Of Juvenility'
The Jammu & Kashmir & Ladakh High Court today dismissed an appeal filed by an accused in the 2019 Pulwama Terror Attack, claiming that he was a juvenile at the time of the alleged offence. While dismissing his appeal against an order of Special NIA Court, a Division bench comprising Justices Rajnesh Oswal & Mohan Lal observed, "this court has no hesitation to hold...
ITAT Directs Revenue To Give Effect To High Court Order Holding Software License Charges Received By EY Not Taxable As 'Royalty'
The Delhi Bench of ITAT has directed the revenue authorities to give effect to the order passed by the Delhi High Court in favour of EY Global Services Limited (UK) (EYGSL (UK), holding that payments received by EYGSL (UK) from its member firms in India, towards Software License and Maintenance Charges, Global Technology Charges and GWAN Connectivity Charges, are not taxable in...
Doctors Has Treated The Patient As Per Reasonable Standards And Care; No Negligence Or Deficiency On Their Part; NCDRC
The bench of National Commission comprising Justice R.K. Agrawal, President and Dr. S.M. Kantikar, Member has observed that, the limb salvage surgery was not done forcibly, but it was done after obtaining the informed consent of the Patient. It was the due diligence of team treating doctors, which avoided amputation of right Leg. The Patient, thereafter, could walk on his own feet...
[Order 1 Rule 10 CPC] Can't Compel Plaintiff To Wage Legal Battle Against A Person Against Their Will: Bombay High Court
The Bombay High Court has held that a plaintiff cannot be forced to sue third parties who have no interest or share in the suit property. "..the plaintiff is dominus litis which latin expression means that the plaintiff is the master of the suit," the court stated. It added that the only exception to this would be if the law necessitated the presence of third party, either...