News Updates
Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court
The Punjab and Haryana High Court has reiterated that if the application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) is hopelessly time-barred, no arbitrator can be appointed by the High Court. The Single Bench of Chief Justice Ravi Shanker Jha was dealing with an application filed under Section 11 of the A&C Act...
Delhi Riots: High Court Allows Impleadment Of Political Leaders In Pleas To Investigate Them For Alleged Hate Speeches
The Delhi High Court on Wednesday allowed the applications seeking impleadment of various political leaders and others, in the pleas seeking registration of FIRs against politicians for alleged hate speeches during 2020 Delhi riots.A division bench comprising of Justice Siddharth Mridul and Justice Amit Sharma orally said that any of the newly added respondents, who may wish to file a response...
"Mother Can't Be Asked To Choose Between Child & Career": Bombay High Court Permits Woman To Go Abroad With Daughter
Observing that a woman cannot be asked to choose between her career and child, the Bombay High Court has directed her estranged husband to give his no objection for her to travel along with her daughter to Poland. Justice Bharati Dangre observed that the woman had the right to development, and set aside the Pune Family Court's order refusing permission to the wife to relocate along...
S.91/92 Evidence Act Exclude Oral Evidence, Forbid Proving Contents Of Writing Otherwise Than By Writing Itself: Gujarat High Court
The Gujarat High Court has recently explained the relationship between Section 91 and 92 of the Indian Evidence Act, while holding that the provisions in effect supplement each other.Section 91 (Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents) relates to lead evidence of terms of contract, grants and other disposition of...
S.7 Family Courts Act | Circumstances Arising Out Of Marital Relationship May Include Not Only Husband & Wife But Also Parents-In-Law: Delhi HC
The Delhi High Court has held that the words "circumstances arising out of marital relationship" used in reference to filing of suit for injunction under Clause (d) of the explanation to Section 7 (1) of the Family Courts Act, 1984 would include not only the husband and wife but may also include the parents-in-law. A single bench of Justice C. Hari Shankar made it clear that what is to...
Cash Deposits Related To 'Shroff Business' Is Not An Undisclosed Income: ITAT
The Rajkot Income Tax Appellate Tribunal (ITAT), consisting of TR Senthil Kumar (Judicial Member) and Annapurna Gupta (Accountant Member), has ruled that the cash deposits related to the Shroff business are not an undisclosed income. The assessee/respondent is in a Shroff business and derives income from commission. The AO had information that there was a cash deposit...
CESTAT Allows Credit Of CVD And SAD Paid For Imports Made Prior To The GST Regime
The Chennai Bench of CESTAT has allowed credit of CVD and SAD paid after 30.06.2017 for the imports made prior to 30.06.2017, i.e., prior to the GST regime, under the advance authorisation scheme. The Single Bench of Judicial Member Ms. Sulekha Beevi held that credit of CVD and SAD paid by the importer could not be denied on the ground that the duties were paid by the appellant only...
Special NDPS Court Directs Release Of Aryan Khan's Passport
The Special NCB Court has directed the return of Shah Rukh Khan's son Aryan Khan's passport seized after his arrested in the Cruise Ship Drug Case, last year.Special NDPS judge VV Patil has also cancelled his bail bond and discharged surety."Admittedly, no complaint was filed against six persons including present applicant as no evidence surfaced during investigation. In view of the no...
Wife Suspecting Husband's Character, Levelling Allegations Of Extra Marital Affair Before His Colleagues Amounts To Cruelty: Madras High Court
While granting the relief of divorce to a husband on the ground of cruelty by his wife, the Madras High Court recently observed that the act of wife suspecting the character of the husband and making allegations of extra marital affair in the presence of his colleagues would all amount to mental cruelty. The bench of Justice V.M Velumani and Justice S Sounthar observed as...
Mandatory Pre-Deposit U/S 129E of the Customs Act Is Constitutional: Bombay High Court
The Bombay High Court has ruled that by virtue of section 129E of the Customs Act, the right to appeal is a conditional right. The legislature, in its wisdom, has imposed a condition of deposit of a percentage of duty demanded or penalty levied or both. The three-judge bench of Justice R.D. Dhanuka, Justice Nitin W. Sambre, and Justice Abhay Ahuja has observed that the...
Arbitrarily Rejection Of Resolution Plan Is Void , NCLT Allahabad Declares The COC's Action As Void
The National Company Law Tribunal ("NCLT"), Allahabad Bench, comprising of Shri Rajasekhar V.K. (Judicial Member) and Shri Virendra Kumar Gupta (Technical Member), while adjudicating an application filed in Exim Scrips Dealers Pvt. Ltd v Rathi Graphic Technologies Limited, has held that principles of natural justice are applicable to proceedings under the Insolvency and...
Madras High Court Deprecates Trend Of Implicating Advocates As Accused For Offences Alleged Against Their Clients
While quashing proceeding against an advocate for trespass, the Madras High Court observed that there is a recent trend where the advocates are implicated along with their clients for offences alleged to be committed by the clients with an object of achieving the intended result quickly. Such practice should be condemned and deprecated. Justice Murali Shankar of the Madurai...