News Updates
Complainant Moves Supreme Court Against Bail Granted To Kerala Actor-Producer Vijay Babu In Rape Case
A Kerala actor who was allegedly raped by Malayalam actor-producer Vijay Babu has moved the Supreme Court challenging the Kerala High Court's decision granting conditional anticipatory bail to the actor.In her petition moved through Advocate Raghenth Basant, she has submitted that the case raises an important issue of whether an absconding accused can be granted anticipatory bail on the...
No Interference U/A 227 Unless Lower Court Committed Manifest Error Or Decision Is Against Settled Principles Of Law: Kerala High Court
The Kerala High Court recently allowed a petition seeking to set aside an order passed by the Rent Control court finding that the lower court had committed a manifest error while passing the impugned order. The Division Bench of Justice Anil K Narendran and Justice P.G Ajithkumar, while considering the question of whether interference of the High Court was warranted on the order passed by...
Tax Cases Monthly Round-Up: June 2022
Direct Tax: Delhi High Court: Underreporting Of Income Due To Re-Computation Of Disallowance By The AO, Does Not Amount To Misreporting Of Income: Delhi High Court Case Title: Prem Brothers Infrastructure LLP. versus National Faceless Assessment Centre & Anr. Citation: 2022 LiveLaw (Del) 568 The Delhi High Court has ruled that where the underreporting of income...
Sale Of Corporate Debtor As A 'Going Concern' Includes Both Assets And Liabilities: NCLT Mumbai
The National Company Law Tribunal, Mumbai Bench, comprising of Shri H.V. Subba Rao (Judicial Member) and Shri Chandra Bhan Singh (Technical Member), while adjudicating an interim application filed in Harsh Vinimay Pvt. Ltd. v Gajanan Industries Ltd., has held that when a Corporate Debtor is sold as a 'going concern', then such sale shall include both assets and liabilities and not...
Does Police's Failure To Communicate Full Criminal Antecedents Of Accused Amounts To Misconduct, Interference With Justice? MP High Court Seeks DGP's Reply
The Madhya Pradesh High Court, Gwalior Bench recently directed the Director General of Police, State of Madhya Pradesh to file an affidavit explaining as to whether non-communication of criminal antecedents of an Applicant/Accused to the Court is a minor misconduct or if it amounts to interference with the criminal justice dispensation system. The affidavit is to be filed before the...
Karnataka High Court Monthly Digest: June 2022 [Citations 180 - 239]
Nominal Index: G.H.Abdul Kadri v. Mohammed Iqbal, 2022 LiveLaw (Kar) 180 B.A.HARISH GOWDA v. RAVI KUMAR, 2022 LiveLaw (Kar) 181 SRIKANTAIAH v STATE BY ANTI CORRUPTION BUREAU and ANR, 2022 LiveLaw (Kar) 182 ITI Limited versus Alphion Corporation & Anr, 2022 LiveLaw (Kar) 183 DR. K.RAVINDRANATH SHETTY & others v STATE OF KARNATAKA & others, 2022 LiveLaw...
Extended Period Of Limitation Can Be Invoked Only When "Suppression Of Facts" Is Wilful To Evade Tax :CESTAT
The Allahabad Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that even when an assessee has suppressed facts, the extended period of limitation can be evoked only when "suppression" is shown to be wilful with intent to evade the payment of service tax. The two-member bench headed by Justice Dilip Gupta (President) and Raju (Technical Member) has...
Crude Bomb Brought As Evidence By Police Explodes In Patna Court, One Injured In Low-Intensity Blast
A crude bomb that was produced as evidence/exhibit, exploded inside Patna Local Court yesterday, report NDTV. According to the senior SP of Patna, a team of police officers had taken the explosives to be produced as exhibit before the chief judicial magistrate court.Now, as soon as it was put on the table, an explosion took place apparently due to the impact of heat in the room. In this...
Fee Paid For Client Referral Services Is A Normal Business Payment And Not FTS: ITAT Delhi
The Delhi Bench of ITAT has ruled that fees paid by the assesssee to a non-resident for providing services of introduction of clients would fall in the definition of payments made to an intermediary and the same cannot be said to be a technical service. The Bench, consisting of Anubhav Sharma (Judicial Member) and Shamim Yahya (Accountant Member), held that the remittances made by...
Empty Packaging Material Of Cenvatable Input Is Not Liable For Payment As Excise Duty Or As CENVAT Credit: Reiterates Ahmedabad CESTAT
The Ahmedabad Bench of CESTAT has ruled that empty packaging material of cenvatable input is not liable for payment either as excise duty or as CENVAT credit under Rule 6(3) of the CENVAT Credit Rules, 2004. The Single Bench of Judicial Member Ramesh Nair held that the assessee was not liable to pay any amount on the clearance of the said empty drums. The revenue authorities had...
Is A Statement Recorded U/S 164 CrPC A Public Document? Kerala High Court Appoints Amicus Curiae In Saritha Nair's Plea
The Kerala High Court on Friday appointed an amicus curiae to assist the court to decide the legal question of whether a statement recorded under Section 164 of the CrPC is a public document. Justice Kauser Edappagath appointed the amicus curiae in the plea moved by Saritha S. Nair, the prime accused in the infamous solar panel scam seeking a direction to provide her with copies of the...
Allahabad High Court Monthly Digest: June 2022 [Citations 271 - 306]
NOMINAL INDEX Ishan International Educational Society Through its Director v. Shri Mukul Singhal Principal Secretary And 4 Others 2022 LiveLaw (AB) 271 Sarafat and another v. State of U.P. and connected appeal 2022 LiveLaw (AB) 272 Suresh alias Chaveney v. State Of U.P and connected appeal 2022 LiveLaw (AB) 273 Ramshankar v. State of U.P. 2022 LiveLaw (AB) 274 Saleem...