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Gujarat High Court Criticizes Ministry Of External Affairs For Inaction In Finding 9 Indians Missing On Way From Dominica To USA
The Gujarat High Court reprimanded the Ministry of External Affairs (MEA) last week for its lack of action in locating and repatriating nine individuals who went missing in March during their unlawful journey to the United States.The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha P Mayee expressed strong dissatisfaction with the Centre's response, criticizing the...
No Requirement To Have A DIN Number In Satisfaction Note Recorded By Assessing Authority: Kerala High Court Upholds Section 153C Proceedings
The Kerala High Court has upheld the proceedings under Section 153C of the Income Tax Act and noted that there is no requirement to have a DIN number in the satisfaction note recorded by the Assessing Authority.The bench of Justice Dinesh Kumar Singh has dismissed the writ petition and stated, “It cannot be said that the impugned notices and assessment orders are without jurisdiction...
Justice S Ravindra Bhat Appointed As Distinguished Professor at Dr.B.R. Ambedkar National Law University, Sonepat
Justice S. Ravindra Bhat, who retired as a judge of the Supreme Court on October 20, has taken on a new role as a Distinguished Professor at Dr B.R. Ambedkar National Law University, Sonepat.The University announced this development in an official press release."Prof Archana Mishra, Vice Chancellor, expressed her enthusiasm for Justice Bhat's appointment and outlined plans to establish...
Mumbai Court Refuses To Discharge Uddhav Thackeray, MP Sanjay Raut In Defamation Case By Shinde Faction MP Rahul Shewale
A Metropolitan Magistrates Court in Mumbai rejected the discharge applications of Shiv Sena (UBT) leaders Uddhav Thackeray and MP Sanjay Raut in a defamation complaint filed by MP Rahul Shewale, their former ally.The complaint was filed over an article published in the Sena mouthpiece ‘Saamana’ on December 29, 2022 pertaining to Shewale’s alleged real estate dealings. While Thackeray is...
No Enabling Provision Under POSH Act To Prefer An Appeal To A Departmental Authority: Madhya Pradesh High Court
Madhya Pradesh High Court has recently underscored that once a report has been prepared by the Internal Complaints Committee constituted under the Prevention of Sexual Harassment At Work Place Act, 2013 (POSH Act), no further appeal lies to a Departmental Authority. The single judge bench of Justice Sujoy Paul also remarked that Section 18 of the POSH Act expressly provides that appeals...
NCB Not Police Station, Accused Can't Seek Bail On Ground That Agency Did Not Record Secret Information In General Diary: Gujarat High Court
While denying bail to an accused under the NDPS Act, the Gujarat High Court has clarified that the Narcotics Control Bureau (NCB) does not qualify as a police station, and thus an accused cannot seek bail on the basis that the agency failed to document confidential information in the general diary.Justice Umesh A Trivedi observed,“Narcotics Control Bureau is not a police station so as to...
People's Representative Expressing Concern Over Murder Probe, Asking Govt To Take Strict Action Not Defamation: Kerala High Court
The Kerala High Court while quashing the criminal complaint filed against Ex-MLA from Azhikode Constituency KM Shaji for alleged defamatory statements in connection with the Ariyil Shukoor murder case observed that a people's representative merely expressing concern over the conduct of probe cannot be said to be defamation.The complaint filed two-time member of the Kerala Legislative Assembly...
Transfer Of Property Act | Rents Receivable Can Be Assigned By Debtor To Creditor As Actionable Claim: Supreme Court
Rents receivable by a borrower can be assigned to a lender as an "actionable claim" as per the Transfer of Property Act,1882(TPA), held the Supreme Court while deciding a dispute between the Infrastructure Leasing and Financial Services Ltd and the HDFC Bank Ltd.The bench comprising Justices S Ravindra Bhat and Dipankar Datta observed that under Section 3 of TPA, actionable claim means (a)...
Surprising That Even In Chandrayan Era, Katta Panchayats Are Conducted To Excommunicate A Person: Madras High Court
The Madras High Court recently expressed its surprise that even when the country was in an era of Chandrayan, “Katta Panchayat” (kangaroo courts) was conducted to socially boycott a man and penalize him for using excess water in his shop. Justice D Nagarjun of the Madurai bench thus directed the District Collector to constitute a committee consisting of the District Revenue...
MP High Court Refuses To Quash Summons Against CocaCola For Expired ‘Maaza’ In Restaurant, Says Manufacturer Should Recall Such Products
Madhya Pradesh High Court has recently refused to quash criminal proceedings lodged against CocaCola for an allegedly fungal infected ‘Maaza Mango Drink’ displayed for sale by a retailer. While dismissing the petition filed under Section 482 of CrPC by the Company and its nominee, the court observed that the former was responsible for ensuring that none of the food products deemed as...
IBC| Time-Barred Recovery Certificate Can Be Segregated From Composite Claim Under Section 7 : Supreme Court
The Supreme Court has held that in a composite application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) based on several Recovery Certificates issued by Debt Recovery Tribunal, if any of the Recovery Certificate(s) is barred by limitation, then the same can be segregated from composite claim. However, as the decree (Recovery Certificate) would still be alive,...
State Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court
A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court with respect to the validity of VAT Amendment Act in their respective states, made several significant findings regarding Section 19 of the Constitution (101st Amendment) Act (Amendment), 2016, which allowed the introduction of the Goods and Services...