News Updates
Can Govt Levy GST On Royalty? Rajasthan High Court Asks Advocate General Amid Conflicting Views, Hearing Tomorrow
The Rajasthan High Court, Jaipur has requested the Advocate General to address the court in a plea challenging imposition of GST on royalty, amid conflicting orders from two division benches of the court. During the course of hearing, Adv. Abhay Singla appearing on behalf of the petitioner informed that a writ petition involving the same issue in M/s Shivalik Silica Versus Union of...
Pre-Condition Of Filing Complaint U/S 138 NI Act Not Fulfilled When Statutory Notice Of Demand Sent On Wrong Address: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court today ruled that an inference of having received the statutory notice of demand by a drawer of a cheque as mandated under Section 138 of Negotiable Instrument Act can be raised only if the notice has been dispatched to his correct address. Such an inference cannot be drawn if the notice has been sent on the incorrect address of the drawer of...
Trademark Infringement Suit By Meta: Delhi High Court Permanently Restrains Use Of 'Facebake', Other Facebook Formative Trademarks
In a trademark infringement suit filed by Meta (formerly known as Facebook), the Delhi High Court has permanently restrained the use of marks namely 'facebake' and 'facecake', Facebook marks, Facebook Visual Presentation and any other 'Facebook‟ formative trademarks of the social media giant. Justice Navin Chawla also awarded nominal damages of Rs.50,000 in favour of Meta Platforms Inc....
S.354 IPC Not Attracted If Woman Herself Didn't Perceive The Act Of 'Catching Hold Of Her Hand' As Invading Her Decency: Telangana High Court
Telangana High Court has recently observed that if a woman herself doesn't perceive the act of 'catching hold of her hand' as invading her decency, then such an act on part of an accused would not attract the ingredients of Section 354 of IPC.Section 354 IPC penalizes acts of assault or criminal force to woman with "intent" to outrage her modesty. Justice K. Surender observed: "In...
'Kaali' Movie Poster: Delhi Court Issues Summons To Director Leena Manimekalai On Plea Seeking Injunction
A Delhi Court has recently summoned Director Leena Manimekalai in a suit seeking injunction to restrain her from depicting Hindu goddess Kali smoking cigarette in her new documentary.Judge Abhishek Kumar of Tis Hazari Courts issued summons to the filmmaker and her company namely Touring Talkies Media Private Limited and notice of injunction in an application under Order 39 Rule 1 and 2 of Code...
Mohammed Zubair Moves Sessions Court Seeking Bail In Delhi FIR, Hearing Tomorrow
Co-Founder of Alt News Mohammed Zubair has moved Sessions Court seeking bail in the Delhi FIR registered against him recently for allegedly hurting religious sentiments and promoting enmity through his tweet made in 2018. Zubair was denied bail by Chief Metropolitan Magistrate Snigdha Sarvaria on July 2. The matter will be heard tomorrow by Additional Sessions Judge of Patiala House Courts as...
Married Woman Wilfully Cohabitating With Another Man Can't Prosecute Him For Rape Under False Promise Of Marriage: Telangana High Court
The Telangana High Court has made it clear that a married woman, wilfully cohabitating with another man, cannot prosecute him for Rape on his refusal to marry her. Justice K. Surender observed,"When there is a subsisting marriage, the question of respondent/accused marrying P.W.1 would not arise for the reason of such marriage being an offence punishable for bigamy and invalid...The...
Section 8 Application Should Be Filed Within Time Available For Filing Written Statement: Delhi High Court
The Delhi High Court has ruled that if a party fails to file an application under Section 8(1) of the Arbitration and Conciliation Act, 1996 (A&C Act) for referring the parties to arbitration within the time available for filing the first statement on the substance of the dispute, which would include a written statement in the context of a suit, the party would forfeit its right...
Employment Conditions Can't Take Away Employees' Right To Seek Judicial Review Of Employer's Actions: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh on Thursday ruled that an employer cannot impose such conditions of employment which have the effect of taking away the right of its employees to seek judicial review of the actions of the employer. The court held that the right to seek judicial review is a vital right conferred by the Constitution and any terms and conditions...
CESTAT Set Aside Demand Of Service Tax On Ocean Freight Charges
The Chennai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Sulekha Beevi C.S. (Judicial Member) and P. Anjani Kumar (Technical Member) has held that the ocean freight charges collected from customers are not subject to the levy of Service Tax under Business Support Services.The appellant/assessee is a freight forwarder and is engaged in...
Karnataka HC Judge Records In Written Order The Threat Of Transfer Received From Sitting Judge For Passing Orders Against ACB Chief
Justice H P Sandesh of the Karnataka High Court, who made a sensational revelation last week that he had received an indirect threat of transfer for passing orders against the head of Anti Corruption Bureau(ACB) Seemanth Kumar Singh ADGP, recorded the threat in a written order on Monday.The judge recorded in his order that he was given an indirect threat of transfer by a sitting judge during...
Rajasthan High Court Weekly Roundup: July 4 To July 10, 2022
Judgments/ Orders of the Week 1. When Termination Of Arbitral Proceedings For Non-Appearance Of Parties, Remain Unchallenged, Application Filed Again For Appointment Of Arbitrator Not Maintainable: Rajasthan High Court Case Title: Vimlesh Bansal v. Ashok Kumar Citation: 2022 LiveLaw (Raj) 204 Case No.: S.B. Arbitration Application No. 51 of...