P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

Search Results for Tag : act

Statute

Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016(13.06.2016)

The Enforcement of Security Interest and Recovery of Debt Laws a.....

Tags : sarfaesi, debt act, central registry, asset reconstruction



Draft Factories (Amendment) Act, 2015(23.10.2015)

The Ministry of Labour and Employment proposed a draft Factories (Amendment) Act, 2015 after making changes to an earlier Bill, 2014. The draft Act ba.....

Tags : Factories act, amendment, 2015,



SC/ST Act, 2015 in force from 26 January 2016(18.01.2016)

The Ministry of Social Justice and Empowerment has notified 26 January, 2016 as the date on which the Scheduled Castes and the Scheduled Tribes (Preve.....

Tags : Scheduled caste, tribe, act, 2015, effective



Blast from the Past

Raw or refined, market should know difference between goods(12.10.1962)

After the Central government levied excise duty on readymade garments and textile bearing a brand name, and sold with a price tag of over Rs. 1000, it.....

Tags : excise, manufacture, refined oil



Raw or refined, market should know difference between goods(12.10.1962)

After the Central government levied excise duty on readymade garments and textile bearing a brand name, and sold with a price tag of over Rs. 1000, it.....

Tags : excise, manufacture, refined oil



Saving democracy from itself(07.11.1975)

This Supreme Court decision, arising out of an Allahabad High Court ruling that likely abetted a declaration of emergency, may have saved the nation’s.....

Tags : Indira Gandhi, prime minister, election, malpractice



Insurers cannot be excluded from proceedings on non-statutory grounds(11.05.1959)

In 1959 the Supreme Court answered the question – can a motor vehicle insurer escape being arrayed as a defendant on grounds not mentioned in statute .....

Tags : Motor vehicles act, 1939, insurer, exclusion



Top Story

Actually, I’m an actuary(25.07.2016)

Maybe a comparison with weather forecasters is unfair to actuaries. After all, meteorologists have algorithms, supercomputers to further their voodoo .....

Tags : actuary, insurance, risk assessment, financial disclosure



Government bans cash transactions above Rs. 3 Lacs w.e.f. 1st April 2017(01.02.2017)

The Union Government in its the budget for the Year 2017-2018 has yet again cracked the whip on black money by declaring that all cash transactions ov.....

Tags : Cash transaction, Limit



UK SUPREME COURT RULED THAT ACT OF PARLIAMENT IS REQUIRED FOR BREXIT(24.01.2017)

In a landmark Judgment pronounced by the Supreme Court of United Kingdom, the Highest Court has held that the prerogative could not be invoked by mini.....

Tags : Brexit, Enactment, Requirement



UK SUPREME COURT RULED THAT ACT OF PARLIAMENT IS REQUIRED FOR BREXIT(24.01.2017)

In a landmark Judgment pronounced by the Supreme Court of United Kingdom, the Highest Court has held that the prerogative could not be invoked by mini.....

Tags : Brexit, Enactment, Requirement



Government bans cash transactions above Rs. 3 Lacs w.e.f. 1st April 2017(01.02.2017)

The Union Government in its the budget for the Year 2017-2018 has yet again cracked the whip on black money by declaring that all cash transactions ov.....

Tags : Cash transaction, Limit



U.S. House of Representatives passes NDA Act, 2018 for improving defence ties with India(15.07.2017)

The United States House of Representatives has passed National Defence Authorization Act, 2018 for providing defence co-operation with India. The NDDA.....

Tags : Defence ties, US-India, Act



RBI directs daily reporting of individual transactions by banks under the Liberalised Remittance Scheme (LRS)(12.04.2018)

In order to improve monitoring and to ensure compliance with the LRS limits, RBI has decided to put in place a daily reporting system by authorised de.....

Tags : Scheme, Transaction, Daily Reporting



Disclosure of compliance under Sexual Harassment of Women at Workplace Act in Annual Reports of Private companies now made Mandatory(13.08.2018)

For ensuring safety of women at workplaces in the private sector, disclosure regarding implementation of the Sexual Harassment of Women at Workplace (.....

Tags : Sexual Harassment, Enactment, Compliance



Disclosure of compliance under Sexual Harassment of Women at Workplace Act in Annual Reports of Private companies now made Mandatory(13.08.2018)

For ensuring safety of women at workplaces in the private sector, disclosure regarding implementation of the Sexual Harassment of Women at Workplace (.....

Tags : Sexual Harassment, Enactment, Compliance



Government announces setting up of National Medical Devices Promotion Council(14.12.2018)

In order to promote medical device sector, Union Minister of Commerce and Industry and Civil Aviation, Suresh Prabhu, announced setting up of a Nation.....

Tags : Medical Devices, Manufacturing, Council



Faridabad Bar Association Bars Outstation Lawyers from Appearing in Courts Sans Local Counsel(22.06.2018)

The District Bar Association of Faridabad has passed a resolution barring all out station advocates from appearing in any court without local counsel......

Tags : Faridabad Bar Association, Outstation Lawyers, Litigation, Practice



Government E-Marketplace Records Four-Fold Increase in Total Value of Transactions in 2018-2019(15.04.2019)

Government e-Marketplace (GeM), the national public procurement portal has closed the FY 2018-2019 on a high note. The year witnessed a four-fold incr.....

Tags : GeM, Transactions, Increase



Amendment to Section 148 of Negotiable Instruments Act applies retrospectively(29.05.2019)

In a recent decision, the Supreme Court, while hearing a case namely Surinder Singh Deswal @ S.S. Deswal & Ors. v. Virender Gandhi held that, Section .....

Tags : Enactment, Amendment, Applicability



Parliament Passes the Muslim Women (Protection of Rights on Marriage) Bill, 2019(30.07.2019)

Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill, 2019, to ban practice of Triple Talaq. The bill is a historic step to prot.....

Tags : Triple Talaq, Practice, Muslim Women, Protection



National Food Security Act, 2013 (NFSA) implemented throughout India(04.11.2016)

The National Food Security Act, 2013 (NFSA) is finally implemented throughout all the territories of India including all States and Union Territories......

Tags : Act, Food security, Implementation



RBI issues Fair Practices Code for Asset Reconstruction Companies(16.07.2020)

Asset Reconstruction Companies (ARCs) registered with the Bank are advised to adopt ‘Fair Practices Code’ (FPC) so as to ensure transparency and fairn.....

Tags : Fair Practices Code, Issuance, ARCs



Ministry of Electronics and Information Technology notifies the incentive scheme for promotion of RuPay Debit cards and low-value BHIM-UPI transactions (P2M)(17.12.2021)

The Union Cabinet, chaired by the Prime Minister has approved an incentive scheme to promote RuPayDebit cards and low-value [uptoRs. 2,000) BHIM-UPI t.....

Tags : Digital transaction, Promotion, Scheme



RBI issues regulations under the amended Factoring Regulation Act, 2011(20.01.2022)

In the recent past, Central Government has amended the Factoring Regulation Act, 2011 widening the scope of companies that can undertake factoring bus.....

Tags : Regulation, Factoring, Issuance



Government proposes quick settlement of contractual disputes to promote ease of doing business(08.02.2023)

The Ministry of Finance circulated a draft scheme. The government intends to bring one time settlement scheme called “Vivad se Vishwas II (Contractual.....

Tags : Contractual disputes, Quick settlement, Disputes



CERT-In issues “Guidelines on Information Security Practices” for Government Entities for Safe and Trusted Internet(30.06.2023)

To address the goal of safe cyberspace, the Indian Computer Emergency Response Team (CERT-In) has released guidelines on information security practice.....

Tags : Security Practices, Internet, Guidelines



Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021(12.02.2021)

Lok Sabha Passes Arbitration and Conciliation (Amendment) Bill, 2021 repealing the Arbitration and Conciliation (Amendment) Ordinance, 2020 promulgate.....

Tags : Arbitration Act, Amendment



Government launches one-time settlement Scheme for Contractual Disputes(02.08.2023)

The Department of Expenditure, Ministry of Finance, has launched the scheme, "Vivad se Vishwas II - (Contractual Disputes), to effectively settle the .....

Tags : Settlement Scheme, Launch, Contractual Disputes



RBI issues guidelines for Fair Lending Practice(18.08.2023)

Reserve Bank of India (RBI) has issued various guidelines to the Regulated Entities (REs) to ensure reasonableness and transparency in disclosure of p.....

Tags : Guidelines, Loans, Practices



Judgments

Court dismisses petition against Devendra Fadnavis for not disclosing imprisonable offences in nomination(19.08.2015)

Determining an application against a petition against Devendra Gangadhar Fadnavis, Chief Minister of Maharashtra, for not having disclosed pending cha.....

Tags : Election, material fact, disclosure, nomination



No machinery in Finance Act, 1994 to levy and assess service tax on indivisible composite works contracts(20.08.2015)

A composite works contract should be bifurcated and ascertained before being taxed, but the same is not provided for in the Finance Act, 1994. The Cou.....

Tags : Service tax, composite contract, gross amount



SEBI notifies simplified norms for processing investor’s service requests by RTAs and norms for furnishing PAN, KYC details and nomination(17.11.2023)

The Securities and Exchange Board of India (SEBI) vide its Circular No. SEBI/HO/MIRSD/POD-1/P/CIR/2023/181 dated November, 17, 2023, has simplified th.....

Tags : SEBI, Registrars’ Association of India, Benami Transactions (Prohibitions) Act, 1988, Prevention of Money Laundering Act, 2002



Department for Promotion of Industry and Internal Trade undertakes measures to encourage Manufacturing Incubators for Startups(31.05.2024)

The Department for Promotion of Industry and Internal Trade (DPIIT) is undertaking various measures to encourage the startup ecosystem and the industr.....

Tags : Startup ecosystem, Manufacturing, Measures



RBI imposes restriction on Mastercard from on-boarding new domestic customers(14.07.2021)

The Reserve Bank of India (RBI) has imposed restrictions on Mastercard Asia / Pacific Pte. Limited (Mastercard) from on-boarding new domestic customer.....

Tags : Supervisory action, Restrictions, Mastercard



RBI reduces the repo rate from 4.4% to 4% to mitigate the impact of COVID-19(22.05.2020)

The RBI revises the repo rate and reduced it from 4.4% to 4%. Further, it has reduced the reverse repo rate to 3.35%. The decision of the monetary po.....

Tags : Repo rate, Reduction, Economic activity



MACT not conferred with power to review its own order on merits(25.08.2015)

The Court dismissed a petition calling for a correction of an error by the Motor Accident Claims Tribunal in passing an order on the basis that the dr.....

Tags : Mact, substantive review, order



MACT not conferred with power to review its own order on merits(25.08.2015)

The Court dismissed a petition calling for a correction of an error by the Motor Accident Claims Tribunal in passing an order on the basis that the dr.....

Tags : Mact, substantive review, order



Tata Motors’ high booking amount for Tata Indica not an unfair trade practice(07.09.2015)

The Court set aside an order of the Monopolies and Restrictive Trade Practices Commission finding Tata Motors guilty for charging too high a deposit p.....

Tags : Vehicle, booking amount, unfair trade, practice



Motor Vehicles (Amendment) Act, 2019 enforced from 1st September, 2019 imposing steeper fines for violating traffic rules(02.09.2019)

The Motor Vehicles Act, 1988 was enacted with a view to consolidate and amend the laws relating to motor vehicles. The Act was enacted to give effect .....

Tags : Motor Vehicles Act, Penalties, Violation of Traffic Rules



Contract of insurance is a contract of good faith (uberrima fides)(02.08.2016)

Instant First Appeal filed against impugned order of State Commission. Complainant obtained an insurance policy from the respondent, United India Insu.....

Tags : Insurance, Compensation, Contract, Good faith



Chemists and druggists associations practice of mandating NOC requirement prior to the appointment of stockists held anti-competitive(28.07.2016)

Instant information was filed for alleged contravention by Opposite Parties in denying supply of drugs to Informant for want of a No Objection Certifi.....

Tags : Anti-competitive practice, Provisions, Violations, Penalty



Hitting with a gun not the same as shooting with one(24.06.2016)

The Madras High Court deleted a charge under Section 25 of the Arms Act against an accused who attacked the complainant physically with a gun.

.....

Tags : arms act, assault, simple injury



Flat-buyers’ endeavours against Unitech stumped by COMPAT(20.07.2016)

A (01.02.2021)

CIRP has been initiated against the Corporate Debtor on an application filed by an Operational Creditor under section 9 of Insolvency and Bankruptcy C.....

Tags : Financial Debt, Collusive or sham transactions



Provisions of Limitation Act would apply mutatis mutandis to proceedings under IBC in NCLT/NCLAT(05.04.2021)

Present Appeal has been filed by the Appellant-Mr. Thomas George who is director of the suspended Board of the Corporate Debtor Mathstraman Manufactur.....

Tags : Limitation Act, Provisions, Applicability



Difference between sales tax charged and NPV paid not includible as transaction value(06.10.2015)

Distinguishing three judgments of the Supreme Court that the difference between amounts collected by Assessee from its customers as sales tax and the .....

Tags : excise, sales tax, net present value, transaction value



Limitation Act is applicable to arbitration proceedings initiated under Section 18(3) MSMED Act(29.06.2021)

Appeals are against impugned judgment by which the High Court, while referring to various provisions of the Arbitration and Conciliation Act, 1996 (19.....

Tags : Limitation Act, Provisions, Applicability



Reference to factual aspects in Second Appeal by the High Court to raise and conclude on question of law does not mean that evidence has been re-appreciated(02.09.2021)

The Plaintiff filed the suit seeking the relief of perpetual injunction to restrain the Defendants from interfering with the peaceful possession and e.....

Tags : Facts, Reference, Second appeal



Genuineness of property transaction cannot be doubted merely because thumb impression was affixed instead of signature(17.08.2021)

Present appeal arises out of the judgment and order of the High Court whereby the appeal filed by the probate applicant was allowed in his favour by c.....

Tags : Genuineness, Property Transaction, Thumb Impression



NCLT does not have any residuary jurisdiction to entertain contractual dispute(23.11.2021)

Present appeal arises from a judgment of the National Company Law Appellate Tribunal. The NCLAT upheld the interim order of the National Company Law T.....

Tags : Contractual dispute, Proceedings, Jurisdiction



Merely because an application is filed under Section 34(4) of the Arbitration Act by a party, it is not always obligatory on the part of the Court to remit the matter to Arbitral Tribunal(03.01.2022)

Present appeal is filed, aggrieved by the order passed by the High Court of in Commercial Arbitration Petition. The High Court was of the view that th.....

Tags : Section 34(4) of the Arbitration Act, Arbitral Tribunal



Arbitral award shall not to be challenged on the ground that the arbitrator had drawn his own conclusion or had failed to appreciate facts(18.01.2022)

The Appellant-claimant has preferred present appeal against the judgment passed by the Division Bench of the High Court partly allowing the appeal pre.....

Tags : Arbitral award, Appreciation of Facts



Concealment of material fact, and active representation that, title to suit lands were good and free from encumbrance, is fraud that results in avoidance of contract(03.07.2017)

Instant appeal questions judgment of a single judge dismissing objections to an arbitration award, preferred by a petition under Section 34 of the Arb.....

Tags : Award, Validity, Facts, Concealment



To constitute civil contempt, it must be established that disobedience is wilful, deliberate and with full knowledge of consequences(19.05.2020)

The grievance in present petitions is about non¬-compliance of direction given to the Respondent¬-Food Corporation of India to regularise and departme.....

Tags : Contempt action, Initiation, Grounds



Order of blacklisting can be scrutinized not only on the touchstone of the principles of natural justice but also on the doctrine of proportionality(05.04.2022)

The challenge raised in present writ petition is to the order passed by the Food Corporation of India (FCI) terminating the contract that was issued t.....

Tags : Contract, Termination, Validity



Transfer pricing adjustment should be restricted only to the international transactions and not the entity level transactions(01.08.2022)

In facts of present case, the assessee filed its return declaring loss of Rs.1.55 crore. Certain international transactions were reported in Form No.3.....

Tags : Assessment, Transfer pricing, International Transaction



Cases arising out of matrimonial differences should be put to quietus, if the parties have arrived upon a genuine settlement(17.04.2023)

The present petition has been filed seeking quashing of FIR under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC). The marriage between Petition.....

Tags : Supreme Court, SARFAESI Act, Discretion of Lower Court



Appellate Court would not interfere with the exercise of discretion of the court of first instance except where the discretion has been shown to have been exercised arbitrarily(18.04.2023)

The present appeal assails the judgment and order passed by the Division Bench of the High Court, thereby setting aside the order of the Single Judge,.....

Tags : Supreme Court, SARFAESI Act, Discretion of Lower Court



Sub-Contractor shall not have any contractual relationship with the owner, and shall not be entitled to prefer any claims against the owner(16.06.2023)

Challenge in present Appeal is against the `Impugned Order' passed by the `Adjudicating Authority', by which Order, the `Adjudicating Authority' has d.....

Tags : Contractual relationship, Claim, Legality



On mere recording of the inventory in the books of accounts, the transaction in question would not become stock in trade(04.05.2023)

The Revenue has preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court by which, the High.....

Tags : Assessment, Addition, Transaction



Service rendered as casual/contractual cannot be said to be service rendered on a substantive appointment(24.03.2023)

The Director General, Doordarshan Prasar Bharti Corporation of India and another have preferred the present appeal feeling dissatisfied with the impug.....

Tags : Contractual employee, Rules, Applicability



Assessable value for the related party sales can be established by referring to the normal price under Section 4(1)(a) of the Central Excise Act(05.12.2022)

The present Civil Appeal originates from the impugned order passed by the Customs, Excise and Service Tax Appellate Tribunal, Chandigarh (“CESTAT”). T.....

Tags : Transactions, Valuation, Method



When borrower is aggrieved by any of the actions of the bank for which the borrower has remedy under the SARFAESI Act, no writ petition should be entertained(08.08.2022)

The Petitioner, who stood as a guarantor to a loan facility, is aggrieved with the recovery action initiated by the bank, against the borrower and him.....

Tags : Recovery action, Initiation, Legality



Burden is on the assessee to establish identity, creditworthiness and genuineness of the transaction for sum credited in the books of accounts to the satisfaction of the Assessing Officer(10.08.2022)

The assessee is an individual, who has not filed return under Section 139 of the Income Tax Act, 1961 (IT Act). Search and seizure operation under Sec.....

Tags : Assessment, Transaction, Genuineness



State legislature cannot enact law providing direct appeal to Apex Court(10.12.2019)

Present appeal, purportedly under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, is against an order of the Rent Control Tribunal, confirmi.....

Tags : Legislative competence, Provision, Enactment



Process of labelling or re-labelling amounts to manufacture(30.04.2024)

Present is an appeal by the revenue under Section 35L(1)(b) of the Central Excise Act, 1944 (Central Excise Act) against the order passed by the Custo.....

Tags : Activity, CENVAT credit, Eligibility



Court would intervene only where the view taken and reasoning advanced by the Rent Controller suffers the vice of perversity(29.04.2024)

By way of present petition brought under proviso to Section 25B(8) of the Delhi Rent Control Act, the landlords have assailed order of the learned Ren.....

Tags : Tenancy, Rent Controller, Delhi Rent Control Act, Section 25B(8)



Notifications & Circulars

Exchange Traded Cross Currency Derivatives contracts on various currency pairs introduced(09.03.2016)

The Securities and Exchange Board of India permitted stock exchanges to introduce cross-currency futures and options contracts on EUR-USD, GBP-USD and.....

Tags : Exchange traded, cross currency, derivatives contract



BIMSTEC Convention to be signed and ratified(10.03.2016)

The Union Cabinet approved the signing and ratification of the Bay of Bengal Initiative on Multi Sectoral Technical Matters and Economic Cooperation C.....

Tags : Criminal activity, mutual assistance, bay of bengal



SEBI mulls Brightline Tests for Acquisition of ‘Control’(14.03.2016)

The Securities and Exchange Board of India released a discussion paper .....

Tags : Brightline test, control, acquisition contractual



Promotion in a private establishment is a managerial function and cannot be claimed to be a condition of service(21.08.2017)

Instant petition takes an exception to the judgment and order passed by the Industrial Court. By said judgment and order, Industrial Court allowed the.....

Tags : Trade practice, breach, Legality



Preventive detention order can be passed if activities of the detenue are dangerous to the maintenance of public order(21.08.2017)

By way of present writ petition under Article 226 of the Constitution of India, the Petitioner prays to issue a writ of mandamus or any other appropri.....

Tags : Detention, Subjective satisfaction, Legality



State Governments have power to levy sales tax on value of material in execution of the works contract(28.08.2017)

In facts of present case, in the year 1954, the State Government of Rajasthan enacted Rajasthan Sales Tax Act in order to tax the sales and purchase o.....

Tags : Works contract, Exemption, Entitlement



For exercise of the power under Section 319 of Cr. PC, the evidence on record must show the involvement of a person in the commission of a crime(02.06.2023)

Present appeal, by special leave, takes exception to an order of the High Court. The impugned order dismissed an appeal filed by the Appellant under S.....

Tags : Summoning order, Power, Requisite satisfaction



An Independent Contractor does not come under the ambit of an Employee(20.11.2023)

Present appeal was filed by applicants seeking employee compensation under Section 30 of Employee Compensation Act, 1923 after the claim for compensat.....

Tags : Independent Contractor, Employee, Employee's Compensation Act, 1923



Suit seeking damages for illegal use of property is maintainable, even after, filing of suit for possession against the same property(30.11.2023)

Challenge in the present appeal is to the order passed by the High Court, vide which the application filed by the Appellants/Defendants under Order VI.....

Tags : Subsequent suit, Cause of action, Maintainability



Committee for examining applications under Rule 10VA notified(23.05.2016)

The Central Board of Direct Taxes noticed several Commissioners of Income Tax as Committee examine and opine on cases in respect of offshore funds fun.....

Tags : offshore fund, manager, approval, finance act 2015



Minimum amount for repatriating ACU transaction amounts reduced(26.05.2016)

Minimum amounts and multiple in which the Reserve Bank of India will receive and pay for funding or repatriating excess liquidity in the Asian Clearin.....

Tags : asian clearing union, transactions, minimum, multiple



Indirect Tax Dispute Resolution Scheme Rules, 2016(31.05.2016)

The Ministry of Finance introduced Rules to give effect to Section 18 of the Finance Act 2016.

The Rules provide declarations and manner of.....

Tags : indirect tax, dispute resolution, finance act, 2016



Direct Tax Dispute Resolution and Equalisation Levy effective 1 June 2016(31.05.2016)

The Direct Tax Dispute Resolution Scheme 2016 under Chapter X of the Finance Act 2016 came into effect on 1 June 2016. Declarations in respect of tax .....

Tags : direct tax, dispute resolution, equalisation levy, finance act, 2016



National Company Law Tribunal effective 1 June 2016(01.06.2016)

The Central Government constituted the National Company Law Tribunal and Appellate Tribunal for hearing matters arising under the Companies Act and th.....

Tags : companies act, bankruptcy code, company law tribunal



Rescue under the provision is for bona fide litigious activity(25.07.2016)

In instant case, Appellant was aggrieved by order of Additional District Judge allowing Respondent’s application under Section 14 of Limitation Act, .....

Tags : Delay, Condonation, bona fide litigious activity



MACT award not classifiable as “income”(02.06.2016)

Compensation awarded by the Motor Accident Claims Tribunal, and interest accruing therefrom, are not subject to TDS (tax-deducted-at-source) and the s.....

Tags : mact, compensation, interest, tds, welfare



Branded readymade garments become more expensive(14.06.2016)

Affixing a brand name on or relabelling a readymade garment or article with a retail sale price of Rs. 1000 will amount to manufacture and render the .....

Tags : excise, readymade, garments, manufacture



Committee recommends modifications to Specific Relief Act 1963(20.06.2016)

An Expert Committee set up to bring changes in specific performance trends submitted its report proposing amendments to the Specific Relief Act 1963.<.....

Tags : Specific relief, damages, public contracts



CCI (Competition Assessment of Economic Legislations and Policies) Guidelines 2016(27.06.2016)

The Competition Commission of India released The Negotiable.....

Tags : Negotiable instruments, amendment, act, retrospective



Amending of PNDT Act(29.11.2016)

The PC & PNDT Act, 1994 was enacted for prohibition of sex selection before or after conception and for prevention of misuse of pre-conception and pre.....

Tags : Sex determination, Enactment, Amendment



SARFAESI Act is applicable to Cooperative Banks(05.05.2020)

In present case, the question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of th.....

Tags : SARFAESI Act, Co-operative banks, Applicability



Provision of hostel facilities to nurses so as to facilitate better medical care is a positive duty enjoined upon hospital and cannot be linked to any commercial activity(14.11.2019)

In present matter, the Appellant’s case is that Respondent No. 1/Opposite Party No. 1 had developed two buildings ‘Madhuvan’ with thirty two ‘1 BHK’ f.....

Tags : Complaint, Maintainability, Transaction, Nature



Any transaction done with respect to the assets of the Corporate Debtor/Corporate Applicant after imposition of moratorium is invalid(26.03.2021)

The present Appeal is filed against the Order passed by the National Company Law Tribunal, Hyderabad (Adjudicating Authority), whereby the Adjudicatin.....

Tags : Imposition, Moratorium, Transaction



Terms of invitation to tender cannot be open to judicial scrutiny because it is in the realm of contract(28.06.2021)

Present Petition under Article 226 of the Constitution of India takes exception to the tender conditions in the Notice inviting tender dated November .....

Tags : Contract, Extension, Legality



Government Clarification on Amendment to Payment of Wages Act(21.12.2016)

It is seen from the media reports that there is a general impression that is being created that the Government is bringing an amendment to the Payment.....

Tags : Wages Act, Amendment, Clarification



Reducing documentary requirements for hedging transactions(07.04.2016)

The Reserve Bank of India released proposals to ease documentation requirements on residents for hedging currency risk arising out of trade transactio.....

Tags : hedging risk, derivate contracts, documentary evidence



Inclusion of "Capital Small Finance Bank Limited" in the Second Schedule to the Reserve Bank of India Act, 1934(16.02.2017)

We advise that the "Capital Small Finance Bank Limited" has been included in the Second Schedule to the Reserve Bank of India Act, 1934 vide Notificat.....

Tags : Inclusion, Bank, Second Schedule, Act



Cabinet approves Amending the Collection of Statistics Act, 2008(15.02.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved a proposal to introduce a Bill in Parliament to extend the jurisdictio.....

Tags : Amendment, Enactment, Approval



International Cases

Court must consider contract as a whole and, depending on nature, formality and quality of drafting of contract(29.03.2017)

Present appeal raises a question of contractual interpretation. It concerns an indemnity clause in an agreement dated 13 April 2010 (“the SPA”) for sa.....

Tags : Contract, Loss, Indemnity



Inspection should only be refused if the redacted paragraphs are manifestly irrelevant(19.03.2018)

In present case, on 8 February 2018, the Plaintiff issued a subpoena to Mr Simon Guy Theobald, former administrator of the Defendant, requiring produc.....

Tags : Amending Agreement, Unredacted version, Inspection



UBS AG no longer a banking company(19.05.2016)

The Reserve Bank of India notified USB AG, the Swiss multinational financial services firm, to have ceased being a ‘banking company’ under the Banking.....

Tags : Ubs, swiss, banking company, banking act



Special Court provisions in Companies Act now in force(18.05.2016)

The Ministry of Corporate Affairs notified 18 May 2016 as the date on which Sections 2(29)(iv), 435 to 438 and 440 of the Companies Act 2013 came into.....

Tags : Special court, companies act, 2016



Annual Closing of Government Accounts - Transactions of Central / State Governments - Special Measures for the Current Financial Year(16.03.2017)

The Government of India has desired that all government transactions with banks must be accounted for within the same financial year and has requested.....

Tags : Transaction, Accounts, Closing



Court is empowered to grant leave to a disqualified person to manage a corporation(04.12.2018)

By originating process lodged 17 September 2018 the plaintiff seeks leave of the court under s 206G of the Corporations Act, 2001 to be a director of .....

Tags : Bankrupt, Act as director, application



Online Statement Of Transaction (e-SOT) and the e-PRAN card launched for Atal Pension Yojana (APY) subscribers(25.04.2017)

With a view to digitally empower the Atal Pension Yojana (APY) subscribers and improve the quality of service, the facility of online viewing of the s.....

Tags : Pension Yojana, Online Statement, Transaction, Launch



Court is empowered to make an order for pre-action discovery on basis that, Defendant has possession of information that will assist Plaintiff’s case(26.06.2019)

The Plaintiffs have applied for orders for pre-action discovery pursuant to Order 26A Rule 3 of the Rules of the Supreme Court 1971 (RSC). The first .....

Tags : Pre-action discovery, Documents, Discretion



Workshop on impact of GST on the Oil and Gas Sector held(29.05.2017)

Minister of State (I/C) for Petroleum and Natural Gas, Shri Dharmendra Pradhan reviewed the impact of GST on the Oil & Gas Sector. A workshop was orga.....

Tags : Workshop, GST, Impact



Atal Pension Yojana (APY) included under Section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act 2016(12.06.2017)

With an objective of bringing in transparency, efficiency and to enable beneficiaries to get their entitlement directly in a convenient and seamless m.....

Tags : Pension Yojna, Inclusion, Aadhar Act



Services provided to the Government, a local authority or a governmental authority with regard to water supply(22.08.2016)

It has been reported to the Board that in some cases contractors providing service of construction of tube wells for Government have been considered t.....

Tags : Contractors, Construction service, Government, Exemptions



Reserve Bank of India Outlines action plan to implement the Banking Regulation (Amendment) Ordinance, 2017(22.05.2017)

In a Release today, the Reserve Bank of India outlined the steps taken and those on the anvil post the promulgation of the Banking Regulation (Amendme.....

Tags : Amendment, Action plan, Implementation



Openness is not necessarily a statement about visual qualities of land, nor does it imply freedom from all forms of development(05.02.2020)

The short point in present appeal is whether the Appellant county council, as local planning authority, correctly understood the meaning of the word “.....

Tags : Visual impact, Openness, Planning policies



Prescription Act does not apply to claims for compensation under the RAF Act(06.05.2020)

Present appeal concerns the question whether the running of prescription in respect of Mr Koos Jacobs’ claim for damages under the Road Accident Fund .....

Tags : Compensation, Enactment, Applicability



Attorney is entitled to move single application for the removal of their name from the roll of attorneys and their admission as an advocate(14.12.2020)

In present matter, the Respondents had all been admitted and enrolled as attorneys and wished to be advocates. They relied on Section 115 of the Legal.....

Tags : Enrolment, Legal practitioner, Right



A maintenance order had the same legal consequences which flowed from an order made in a civil action(21.01.2022)

The appeal stemmed from the judgment of the High Court, the court made a declaratory order to the effect that the maintenance obligations contained in.....

Tags : Maintenance order, Prescription Act, Applicability



CBDT notifies transactions for which the condition of chargeability to STT for claiming exemption under Section 10(38) of the Income Tax Act, 1961 shall not apply(06.06.2017)

Section 10(38) of the Income-tax Act, 1961 ('the Act'), prior to its amendment by Finance Act, 2017 provided that the income arising by way of a trans.....

Tags : Transaction, Exemption, Claim



Distribution of false or misleading information that is capable of harming the business interests of another undertaking constitutes a deceptive marketing practice(10.08.2017)

In facts of present case, the Complainant is engaged in the manufacturing and marketing of consumer household, antiseptic, and pharmaceutical products.....

Tags : Deceptive marketing practices, Provisions, Violation



Onus is on the prosecution to prove on a balance of probabilities that it was entitled to a forfeiture order(31.05.2022)

The issue before the SCA concerned the question of whether a Volkswagen 364 Scirocco motor vehicle with registration number FGC 937 MP (the vehicle) r.....

Tags : Unlawful activity, Proof, Onus



An action in tort accrues when loss is actually suffered(12.08.2022)

Present is the third Defendant's application to strike out the plaintiffs' claim against it on the basis that the action is statute barred. The Plaint.....

Tags : Negligence, Contract, Legal services



Staggered delivery, early delivery system, early pay-in facility, penalty on delivery default, fixation of FSP and changes in expiry dates(21.09.2016)

As per Section 131[B]of the Finance Act, 2015 all rules, directions, guidelines, instructions, circulars, or any like instruments, made by the erstwhi.....

Tags : Rules, Contracts, Continuation



Quality Education under RTE Act(20.07.2017)

The Right of Children to Free and Compulsory Education (RTE) Act, 2009 lays down the duties of the appropriate Government and the local authority to e.....

Tags : Education, RTE Act, Quality



Inability to quantify a claim at early stage is not necessarily a bar to the grant of a freezing order(13.07.2023)

The Plaintiff has commenced proceedings by writ filed claiming that the defendant has breached contractual and fiduciary duties arising out of his con.....

Tags : Contract, Freezing order, Grant



Tax debt only arose upon notice of assessment(12.07.2024)

The Commissioner for the South African Revenue Services (SARS) instituted action against the Appellants, in terms of Section 183 of the Tax Administra.....

Tags : Tax Administration Act, Tax Debt



High Court has jurisdiction to grant a forfeiture order in terms of the Prevention of Organised Crime Act(03.05.2021)

In present matter, on 28 July 2017, the high Court granted an ex parte application for a preservation order, in terms of Section 38 of the Prevention .....

Tags : Jurisdiction, Unlawful activity, Forfeiture order



Admissibility and weight to be given to a previous consistent statement is a legal issue, not a factual one(06.05.2024)

The Respondent was arraigned in the high court on charges of corruption. The State alleged that, the Respondent had committed the crime of ‘corrupt ac.....

Tags : Corrupt activities, Discharge order, Legality



News

Karnataka HC Put Stay on Admission to KG Classes Under RTE Act(23.12.2015)

Karnataka HC has restrained State from sending children to pre-school sections such as lower and upper kindergarten for admission under Right to Educa.....

Tags : Karnataka HC, Right to Education (RTE) Act, Admission to KG Classes



Delhi High Court Grants Relief to Miners over Social Impact Funds(23.12.2015)

Delhi HC has directed Government not to force miners to pay retrospectively for a social impact fund under the amended Mines and Minerals (Development.....

Tags : Delhi HC, Mines and Minerals (Development and Regulation) Act



Punjab and Haryana HC: Pre-Deposit Under VAT Not Mandatory in Punjab(24.12.2015)

Punjab and Haryana HC has ruled that condition of 25% pre-deposit before filing of appeal under the Punjab VAT Act would not be mandatory.

Tags : Punjab and Haryana HC , Punjab VAT Act



J&K HC Directs State Government to Hoist State Flag on Buildings of Constitutional Authorities(28.12.2015)

Jammu and Kashmir High Court has directed the state govt. to hoist state flag on official buildings and vehicles of constitutional authorities in adhe.....

Tags : Jammu and Kashmir High Court, &K Prevention of Insult to State Honour Act, 1979



Negotiable Instrument (Amendment) Act 2015 Comes into Force with Retrospective Effect(30.12.2015)

Negotiable Instruments (Amendment) Act 2015 has came in to force with retrospective effect. Amendment shall be deemed to have come into force on the 1.....

Tags : Negotiable Instruments (Amendment) Act 2015



CIC: Can't Disclose All Government Email IDs(04.01.2016)

Central Information Commission (CIC) has ruled that email IDs of all government officials cannot be provided under the Right to Information Act as it .....

Tags : Central Information Commission , email IDs , Right to Information Act



CBDT Issues New Income Tax Reporting Norms for High Value Transactions(04.01.2016)

Central Board of Direct Taxes (CBDT) has notified norms under which cash receipts and high value transactions beyond a certain threshold will have to.....

Tags : Central Board of Direct Taxes, High Value Transactions



Enforcement date of Indian Institutes of Information Technology (Public-private Partnership) Act, 2017(06.09.2017)

In exercise of the powers conferred by sub-section (2) of section 1 of the Indian Institutes of Information Technology (Public-private Partnership) Ac.....

Tags : Enactment, Enforcement, date



Indian Advance Pricing Agreement regime moves forward with signing of four Advance Pricing Agreements(04.09.2017)

The Central Board of Direct Taxes (CBDT) has entered into 4 more Advance Pricing Agreements (APAs) during August, 2017. Out of these 4 Agreements, 3 a.....

Tags : Agreements, Signing of, International transactions



Where advertiser failed to show a reasonable basis or prior substantiation for claims, consumer was believed to be acting under false or misleading representation(s).(19.12.2018)

In instant matter, proceedings initiated vide Show Cause Notice issued to Options International (SMCPvt.) Limited ('Respondent' or 'Options') by Compe.....

Tags : Deceptive Marketing Practices, Penalty, Imposition



Firm exercising characteristics of power against one player due to contractual relationship between the two, cannot be interpreted to imply that, it would be able to do so on a broader level(23.11.2017)

Present matter concerns two interlocutory applications, an amendment application and an exception application, arising from a private complaint referr.....

Tags : Prohibited practice, Complaint, Amendment, Exception, Application



To be eligible for interview, candidate must satisfactorily completed recognised Vocational Training Scheme in General Practice or acquired rights under EU Directive on specific training(06.04.2017)

Plaintiff/Appellant in present proceedings (Dr. Hussain) complained that, he was not awarded a contract under General Medical Services Scheme (GMS Sch.....

Tags : Scheme, Practice, Eligibility



Onus is on the party seeking specific performance to prove the terms of the contract and compliance with any antecedent or reciprocal obligation(30.10.2023)

Present is an appeal against the judgment and order of the High Court, upholding the Respondent’s special plea that, the contractual relief sought by .....

Tags : Contractual relief, Denial, Legality



Guidelines for computing exposure for counterparty credit risk arising from derivative transactions(10.11.2016)

Please refer to the paragraph 4 of the Statement on Developmental and Regulatory Policies issued by RBI on October 4, 2016. It was indicated therein t.....

Tags : Derivative transactions, credit risk, Guidelines



Footwear Design and Development Institute Act, 2017 making FDDI an 'Institute of National Importance' comes into force(16.10.2017)

Footwear Design & Development Institute (FDDI) has been declared an 'Institute of National Importance' under Ministry of Commerce & Industry, Governme.....

Tags : Act, Enforcement, Institute



Grantee cannot acquire more rights than those afforded by the grantor(04.11.2020)

Present appeal is directed against an order of the High Court, which upheld the exception raised by the Respondent, Tip Trans Resources (Pty) Ltd. (Ti.....

Tags : Contract, Rights, Entitlement



Remote-controlled devices for recreational angling prohibited under the Marine Act.(16.07.2024)

The Appellants, business entities dealing in angling equipment like bait-carrying drones, sought a declaratory order from the Gauteng Division of the .....

Tags : Marine Law, Marine Act, recreational angling



A commercial activity is a commercial activity regardless of whether it is carried out for private profit or to achieve charitable goals(08.09.2017)

Present appeal concerns the desire of the second Respondent (Children’s Health Camps the New Zealand Foundation for Child and Family Health and Develo.....

Tags : Land, Usage, Activity, Commercial



Madras High Court Suggests Amendments to Industrial Disputes Act(05.01.2016)

Madras HC has made suggestion to amend Industrial Disputes Act, 1947 and empower Labour Courts to directly initiate criminal action against employers .....

Tags : Madras High Court , Industrial Disputes Act



Kerala HC Says Police Can Take Action Against Students Who Disrupt Classes(06.01.2016)

Kerala High Court has allowed police to take action against students who disrupt classes in colleges and universities in the name of strikes.

Tags : Kerala High Court , Action Against Students, Police



President Gives Nod to SC and ST (Prevention of Atrocities) Amendment Act and others(08.01.2016)

President has given nod to Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ac.....

Tags : Arbitration and Conciliation (Amendment) Act; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act; Commercial Courts,Commercial Division and Commercial Appellate Division of High Courts Act; Payment of Bonus (Amendment) Act, 2015



SC to Trial Court: Prevent Court-Hunting Tactics Adopted by Accused in Serious Crimes(11.01.2016)

Supreme Court, in order to prevent court-hunting tactics being adopted by the accused in serious crimes, has said trial courts should not allow the ac.....

Tags : Supreme Court, court-hunting tactics



President Assents Sugar Cess (Amendment) Act, 2015(13.01.2016)

President has given his assent to Sugar Cess (Amendment) Act, 2015.

Tags : Sugar Cess (Amendment) Act, 2015



CCI Issues Combination Regulations to Streamline Norms for M&A Filings(13.01.2016)

Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2016, has been no.....

Tags : Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2016



Bureau of Indian standards (BIS) Act, 2016 brought into force with effect from 12th October, 2017(14.10.2017)

A new Bureau of Indian standards (BIS) Act 2016 which was notified on 22nd March, 2016, has been brought into force with effect from 12th October, 201.....

Tags : Act, Enforcement, Indian Standard, Bureau



Cabinet approves amendment in the National Council for Teacher Education Act, 1993(01.11.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for introduction of a Bill in Parliament to amend the Nation.....

Tags : Amendment, Act, Approval



SC Says, Our View Not Enough to Render Punjab Termination of Agreements Act, 2004 Invalid(10.03.2016)

Supreme Court has clarified that its ruling on the Presidential Reference on validity of Punjab Termination of Agreements Act, 2004, would not render .....

Tags : Supreme Court, Punjab Termination of Agreements Act, 2004



Karnataka HC : Landowners Will Get Benefits Under New Law(11.03.2016)

Karnataka HC has said that compensation and rehabilitation benefits will be available to land-losers as per new Land Acquisition Act of 2013 if acquis.....

Tags : Karnataka HC , Land Acquisition Act of 2013



CIC Seeks Reply from MP, MLA as to Why They Should Not be Declared "Public Authority"(17.03.2016)

Central Information Commission (CIC) has issued show cause notices to a BJP MP and a Nagaland MLA, in separate cases, seeking their explanation why th.....

Tags : Central Information Commission , RTI Act



Lok Sabha Passes Bill to Amend Mines, Minerals Act(17.03.2016)

Lok Sabha has passed a bill to amend the Mines and Minerals Act to allow transfer of captive mining leases not granted through auction.

Tags : Mines, Minerals Act



RBI Relaxes Reporting Requirement of NEFT Transactions(18.03.2016)

Reserve Bank of India (RBI) has said it is discontinuing provision where banks had to submit data pertaining to NEFT (National Electronic Fund Transfe.....

Tags : Reserve Bank of India, NEFT Transactions



SC Seeks Reports on Cell Phone Tower Impact on Health(18.03.2016)

Supreme Court has sought reports and scientific studies on the impact of cell phone tower radiation on public health.

Tags : Supreme Court, Cell Phone Tower Impact



Bombay HC: Obscene Acts In Private Place Not Offence(21.03.2016)

Bombay HC, while quashing a case against 13 men who were arrested for allegedly indulging in obscene acts with women in a flat, has said any such acti.....

Tags : Bombay HC, Obscene Acts



Income Tax Department steps-up actions under Prohibition of Benami Property Transactions Act : Benami properties of more than Rs. 3,500 crore in more than 900 cases attached(11.01.2018)

Due to intensive efforts undertaken by the Income Tax Department, provisional attachment has been made in more than 900 cases of properties under the .....

Tags : Actions, Benami Property, Attachment



SC Stays Provisions Prescribing Minimum Educational Qualifications for Haryana Panchayat Polls(18.09.2015)

SC has stayed Haryana Panchayati Raj (Amendment) Act, 2015 provisions prescribing minimum educational qualifications for panchayat polls contestants, .....

Tags : SC,Haryana Panchayati Raj (Amendt.) Act, 2015



Bombay High Court Dismisses Plea Challenging Provisions of Food Safety Act(21.09.2015)

Bombay HC while dismissing a plea challenging several provisions of the Food Safety and Standards (FSS) Act, observed that those who endangered human .....

Tags : Bombay High Court ,Food Safety and Standards (FSS) Act



Central Government Enforces Certain Provision of Companies Act, 2013, as on 9.09.2016(13.09.2016)

Centre has notified that provisions of section 227, clause (b) of sub-section (1) of section 242, clauses (c) and (g) of sub-section (2) of section 24.....

Tags : Central Government, Companies Act, 2013



Madras HC: Why Rules not Framed for Salons, Spas(14.09.2016)

Madras HC has directed Central and State Governments to answer queries, including why rules to regulate such salons/spas have not been framed when TN .....

Tags : Madras HC, Salons, Spas, TN Private Clinical Establishments (Regulation) Act



Bombay HC Cites Century-Old Law, Bars Redevelopment near Juhu Military Station(15.09.2016)

Bombay HC, while dismissing a petition by developer of a slum rehabilitation project near Juhu Wireless Station, has held that Works of Defence Act pr.....

Tags : Bombay HC, Works of Defence Act



SC Issues Notice to Centre, States on Lokpal, Lokayukta(15.09.2016)

SC has issued a notice to Centre on a PIL seeking direction to set up expeditiously an autonomous Lokpal in spirit of Lokpal and Lokayukta Act, 2013. .....

Tags : SC, Lokpal and Lokayukta Act, 2013



Directions on charging of fees for transactions settled on Immediate Payment Service and Unified Payments Interface(21.12.2016)

In line with the Central Government's objective of promotion of payments through cards and digital means over payments in cash, the Reserve Bank of In.....

Tags : Direction, Transaction, Fees



TRAI releases Draft "The Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge (Amendment) Regulations, 2017"(18.12.2017)

1. The Telecom Regulatory Authority of India (TRAI) has today issued Draft "The Telecommunication Mobile Number Portability Per Port Transaction Charg.....

Tags : Number, Portability, Transaction Charge, Dipping Charge



Madras High Court Set Aside Detention Orders of 5 Arrested under Goondas Act(09.10.2015)

Madras High Court has quashed detention of five youths, under Goondas Act, arrested for cutting sacred thread of three persons, including two temple p.....

Tags : Madras High Court,Goondas Act



Bombay HC Rules, Suspecting Wife’s Character Amounts to Cruelty(28.09.2016)

Bombay HC, while quashing a family court verdict, has allowed an Amravati woman to end her marriage by ruling that “suspecting wife’s character is cr.....

Tags : Bombay HC, Cruelty, Wife’s Character



Madras HC Rejects PIL for Effective Implementation of Manual Workers Act(28.09.2016)

Madras HC has dismissed a public interest litigation petition filed jointly by seven different associations for labourers seeking effective implementa.....

Tags : Madras HC, Manual Workers Act



Supreme Court Seeks Alkem Laboratories Response to CCI Plea on Unfair Business Practices(30.09.2016)

Supreme Court has sought response from Alkem on the Competition Commission of India’s plea seeking to impose penalty of over Rs. 74 crore on the compa.....

Tags : Supreme Court, Widow, Unfair Business Practices



Karnataka HC Issues Notice to Union and the State Government over constitutional validity of ISWD Act(30.09.2016)

Karnataka HC has issued notice to the Union & State Government on a plea questioning constitutional validity of a provision of Inter-State Water Dispu.....

Tags : Karnataka HC, ISWD Act



Delhi HC Seeks Government Opinion on Implementing Food Security Act(03.10.2016)

Delhi HC has sought Delhi Govt.’s response on a PIL seeking a direction to it to implement National Food Security Act to ensure good health to childre.....

Tags : Delhi HC, National Food Security Act, Anganwadi Centres



Designated Trade Repository under the Payment and Settlement Systems Act(23.03.2016)

The Clearing Corporation of India Limited will be the designated trade repository under Section 34 (2) of the Payment and Settlement Systems Act, 2007.....

Tags : Clearing corporation, trade repository, otc contract



Enforcement Date of Regional Centre for Biotechnology Act, 2016(28.02.2017)

In exercise of the powers conferred by sub-section (2) of section 1 of the Regional Centre for Biotechnology Act, 2016 (36 of 2016), the Central Gover.....

Tags : Enactment, Date, Enforcement



Reclassification of MSMEs will help manufacturing: Textiles Minister(13.02.2018)

Minister of Textiles Smriti Zubin Irani said that reclassification of MSMEs and 5 percent reduction in tax on annual turnover of companies up to Rs. 2.....

Tags : Reclassification, MSMEs, Manufacturing



Supreme Court Slams Centre Over Improper Implementation of MGNREGA(03.11.2015)

Supreme Court on a PIL alleging improper implementation of Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in terms of timely payment.....

Tags : Supreme Court, Mahatma Gandhi National Rural Employment Guarantee Act



SC Issues Notice to J&K Traders Who Challenged Sarfaesi Act(03.11.2015)

SC on special leave petition challenging judgment of J&K HC, which ruled that Securitization and Reconstruction of Financial Assets and Enforcement of.....

Tags : SC, J&K HC, Sarfaesi Act



Meghalaya HC Orders Centre to Enforce AFSPA in Garo Hills(03.11.2015)

Meghalaya High Court has ordered Centre to enforce Armed Forces (Special Powers) Act, (AFSPA) 1958 in insurgency-ravaged districts of Garo Hills to co.....

Tags : Meghalaya High Court , Armed Forces (Special Powers) Act, (AFSPA) 1958



RBI Permits Residents to Conduct Foreign Currency-Rupee Swaps Transactions with Multilateral Bodies(06.11.2015)

Reserve Bank of India (RBI) has permitted domestic entities to conduct foreign currency-rupee swaps with multilateral agencies and allow hedging of lo.....

Tags : RBI, Foreign Currency-Rupee Swaps Transactions



NGT Irks over Expenditure of Money Being Spent Without Any Success in Cleaning Ganga(09.11.2015)

National Green Tribunal (NGT) has irked over huge amounts of money being spent without any success in cleaning the Ganga and sought to know if Ministr.....

Tags : National Green Tribunal , Ganga Action Plans



Calcutta HC Dismisses Businessman’s Plea to Stay Criminal Proceeding in Jessop's Factory Fire Case(27.10.2016)

Calcutta High Court has refused to stay proceedings against Businessman Pawan Ruia in connection with a case filed by CID following a fire at Jessop's.....

Tags : Calcutta High Court, Pawan Ruia, Jessop's factory fire



Report of the Companies Law Committee(01.02.2016)

The Companies Law Committee has released its Report on .....

Tags : companies act, report, 2016



Settlement of Export/ Import transactions in currencies without direct exchange rate(04.02.2016)

The Reserve Bank of India has permitted AD Category-I banks to settle import and export transactions where invoicing is in a freely convertible curren.....

Tags : Export, import, transaction, direct exchange rate



Maintenance and Welfare of Parents and Senior Citizens Act, 2007(06.02.2018)

According to the findings of a recent Research Study on 'Centre's Policy of Older Persons', commissioned by the Ministry of Social Justice and Empower.....

Tags : Welfare, Senior Citizens, Enactment



SC Stays 2014 Amendment of Maharashtra Police Act Banning Dance Performances at Bars(15.10.2015)

Supreme Court has stayed a 2014 amendment of Maharashtra Police Act banning dance performances in various places including bars in the state. The cour.....

Tags : Supreme Court , Maharashtra Police Act



Bombay HC Supports CTR’s Patent Infringement Claim Against Sergi(26.10.2015)

Bombay HC has passed an interim order in favour of CTR Manufacturing Industries Ltd in a patent infringement claim against Sergi Transformer Explosion.....

Tags : Bombay HC, CTR Manufacturing Industries Ltd , Sergi



President Promulgates Constitution of Commercial Courts , Arbitration and Conciliation Ordinanences(26.10.2015)

President has signed ordinances to amend Arbitration and Conciliation Act and bring into force Commercial Courts, Commercial Division and Commercial A.....

Tags : Arbitration and Conciliation Act, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015



Delhi High Court (Amendment) Act, 2015 Notified(26.10.2015)

Delhi High Court (Amendment) Act, 2015 has been notified and implemented with effect from 26th October, 2015.

Tags : Delhi High Court Amendment Act, 2015



CIC Discarding Away RTI Applications Without Photo Identity Proof(27.10.2015)

Contrary to the RTI Act rules, the Central Information Commission (CIC) is asking applicants to furnish a copy of a photo identity card with applicati.....

Tags : RTI Act , Central Information Commission



Karnataka HC Notices State Government over Illegal Sand Extraction(17.10.2016)

Karnataka High Court has issued notices to State government and three private contractors on a Public Interest Litigation, which complained about alle.....

Tags : Karnataka High Court, illegal sand extraction



CIC: Constitution Club Public Authority under RTI Act(19.10.2016)

Central Information Commission (CIC) has held that Constitution Club which is a "platform for interaction amongst past and present member of Parliamen.....

Tags : Central Information Commission, Constitution Club,RTI Act



Cabinet approves proposal for Amendments to the NABARD Act, 1981(22.03.2017)

Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the following proposals:

(a) Amendments to National Bank for Agr.....

Tags : Enactment, Amendment, Approval



Government Contracts World Class Bullet Proof Jackets for Army Under 'Make In India' Initiative(09.04.2018)

A major contract through capital procurement route, for procurement of 1,86,138 Bullet Proof Jackets (BPJs) has been signed. The impending requirement.....

Tags : Jackets, Bullet proof, Contract



SC Raps Tripura High Court over Dismissing Woman's Plea to Clailm ‘Streedhan’(23.11.2015)

SC has rapped Tripura HC for dismissing plea of woman for 'streedhan' on ground that she lost right over it after judicial separation. The court said .....

Tags : SC, Protection of Women from Domestic Violence Act, streedhan, Tripura HC



Gujarat HC Directs State Government to treat NPA of Doctors as Part of their Basic Pay(24.10.2016)

Gujarat High Court has asked State Government to treat Non Practising Allowance (NPA) of doctors working in Government Hospitals as part of their Basi.....

Tags : Gujarat High Court, Non Practising Allowance, Basic Pay



Bombay HC: Running Clinics is not a Commercial Activity(25.10.2016)

Bombay High Court has held that a clinic run of a private doctor or their partnership firm can't come under the definition of 'commercial establishmen.....

Tags : Bombay HC, Clinics, private doctor, Commercial Activity



SC Asks Centre to Ensure Implementation of Food Security Act(25.10.2016)

Supreme Court has said it was incumbent upon Central government to ensure that National Food Security Act, 2013, was implemented both in letter and sp.....

Tags : Supreme Court, National Food Security Act, 2013



Bombay HC Rules ‘Chief Information Commissioner May Transfer Information Commissioner under RTI Act’(25.10.2016)

Bombay High Court has held that State Chief Information Commissioner has powers under Right to Information Act (RTI) to transfer State Information Com.....

Tags : Bombay High Court, Right to Information Act , Information Commissioner



CCI Rejects Unfair Business Practices Allegation against Picasso Digital(26.10.2016)

Competition Commission of India (CCI) has rejected allegations of unfair business practices made against Picasso Digital Media saying matter is relate.....

Tags : Competition Commission of India, unfair business practices, Picasso Digital Media



RBI Clarification on Banks under Prompt Corrective Action(05.06.2017)

The Reserve Bank of India has come across some misinformed communication circulating in some section of media including social media, about the Prompt.....

Tags : Corrective action, Framework, Clarification



Oxytocin formulations ban to come into effect from 1st July 2018, KAPL to manufacture the drug for domestic use only(27.06.2018)

The Ministry of Health and Family Welfare has restricted the manufacture of Oxytocin formulations for domestic use to public sector only from 1st July.....

Tags : Oxytocin formulations, Ban, Manufacture



Telecom Regulatory Authority of India (TRAI) releases 'Report on Activities for the year 2017'(07.05.2018)

Telecom Regulatory Authority of India (TRAI) has today released a Report on Activities for the period 1st January, 2017 to 31st December, 2017. The Re.....

Tags : Report, Release, Activities, 2017



Clarification regarding actual service providers rendering eligible services to be entitled for the SFIS/SEIS benefits or the aggregator of services (Ports)(22.05.2018)

1. This Directorate has received references from exporters providing port related services seeking clarification whether the actual service providers .....

Tags : Clarification, Actual service providers, Eligible services, Benefits



Madras HC Dismisses Plea to Ban Private Practice of Government Doctors(03.10.2016)

Madras HC has dismissed a Public Interest Litigation seeking a direction to State Government and Tamil Nadu Medical Council to ban private practice of.....

Tags : Madras HC, Government Doctors, Private Practice



Hyderabad HC to AP: Amend Endowments Act or form Societies on Imparting Education on Religious Affair(03.10.2016)

Hyderabad HC has advised AP Government either to amend AP Charitable and Hindu Religious Institutions and Endowments Act or to form a society for impa.....

Tags : Hyderabad HC, Endowments Act



Madras HC: Amendment to Additional Sales Tax Act Unconstitutional(03.10.2016)

Madras HC has declared unconstitutional inclusion of Explanation V to Section 2(1)(aa) of TN Additional Sales Tax Act, 1970, in 2002 to levy additiona.....

Tags : Madras HC , TN Additional Sales Tax Act, works contractors



Madras HC Confirms Detention of 5 Suspected Maoists under National Security Act(04.10.2016)

Madras HC has confirmed detention of 5 suspected Maoists, including a 42-year-old woman, under National Security Act on charges of furthering terror a.....

Tags : Madras HC, National Security Act, terror activities



Delhi HC Says Notes Taken by Judge’s Steno Not a Public Record under RTI Act(05.10.2016)

Delhi HC has ruled that shorthand note book in which a court stenographer takes dictation from judge is not a “record” held by a public authority and .....

Tags : Delhi HC , RTI Act



Delhi HC Says Delay in Formulating Scheme has Defeated the Purpose of Street Vendors Act(05.10.2016)

Delhi HC has said that delay in formulating a scheme to carry out a survey of street vendors in the city and issuing them certificates to sell their w.....

Tags : Delhi HC, Street Vendors Act



Delay in operationalising Whistle Blowers Protection Act(02.08.2018)

Maintenance of law and order and providing safety and security to all citizens is primarily the subject matter of State Governments concerned.

Tags : Act, Operation, Delay



Model Shops and Establishments Act(06.08.2018)

The salient features of the Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016 are:

(i) The Mode.....

Tags : Act, Model Shops, Establishments



Calcutta HC Upholds Single-Bench Order, Nullify West Bengal Madrasa Service Commission Act, 2008(10.12.2015)

Calcutta High Court has upheld a single bench order that nullified the West Bengal Madrasa Service Commission Act, 2008 and rejected appeal by West Be.....

Tags : Calcutta High Court , West Bengal Madrasa Service Commission Act, 2008



RBI Revises Norms for 'When issued' Security(11.12.2015)

Reserve Bank of India (RBI) in order to encourage trading in ‘When Issued’ transactions in government securities, has allowed banks to take short posi.....

Tags : Reserve Bank of India , ‘When Issued’ transactions



Delhi HC: Allow only Eco-Friendly Plastic(14.12.2015)

Delhi HC while sending a strong signal against another type of pollutant, has told plastic manufacturers, “Don't create something you can't destroy. W.....

Tags : Delhi HC, plastic manufacturers



Delhi HC Gives Centre 60 Days for Finalizing Cairn’s Barmer PSC Extension(08.11.2016)

Delhi High Court has given Central Government another two months to arrive at its decision regarding extension of a Production Sharing Contract (PSC) .....

Tags : Delhi High Court, Production Sharing Contract, Cairn India



NGT Puts Interim Ban on Construction Activities in Delhi, NCR(09.11.2016)

National Green Tribunal (NGT) has banned construction activities for one week in Delhi and National Capital Region.

Tags : National Green Tribunal, NGT, construction activities



SC to HCs: Set up Panel to Monitor Sex-Test Cases(10.11.2016)

Supreme Court has stepped up efforts to punish sex-determination of fetuses under PNDT Act and said India could ill-afford a socially explosive situat.....

Tags : Supreme Court , sex-determination, PNDT Act



Madras HC Dismisses Medical Practitioners Plea to Prescribe Modern Medicines Without Qualification(14.11.2016)

Madras High Court has vacated a ten-year-old interim injunction which helped members of Private Medical Practitioners Association of India to prescrib.....

Tags : Madras High Court, Medical Practitioners, Medicines, Qualification



Centre to launch Neighborhood Action Plan in cities for better Solid Waste Management(24.09.2017)

Stressing that the country can't be made clean without fixing the garbage problem in Delhi that has reached crisis proportion, Minister of Housing & U.....

Tags : Action Plan, Solid Waste Management, Launch



Examination for Confirmation of Enrollment of GST Practitioners(10.10.2018)

The National Academy of Customs, Indirect Taxes and Narcotics (NACIN) is conducting an examination for confirmation of enrolment of Goods and Services.....

Tags : Enrollment, GST Practitioners, Examination



NITI Aayog Organises Workshop on Best Practices in International Arbitration(10.10.2018)

The NITI Aayog and ICC International Court of Arbitration organised the inaugural Training-cum-Brainstorming Workshop on Best Practices in Internation.....

Tags : Workshop, Best Practices, International Arbitration



SC: Is Seeking Votes in Garb of Religion a Corrupt Practice?(27.10.2016)

Supreme Court has asked whether a candidate or a party, seeking votes in name of religion, caste or tribe by promising that this would help protect an.....

Tags : Supreme Court, votes, religion, corrupt practice



Benami Property Act Kicks In from 01st November(02.11.2016)

The new law to prohibit Benami Transactions, which provides for up to seven years’ imprisonment and fine, for those indulging in such activities, came.....

Tags : Benami Property Act



Government Notifies Real Estate Regulatory Act for Five Union Territories(02.11.2016)

Government has notified Final Rules to implement Real Estate (Regulation and Development) Act, 2016 for five Union Territories, that aims to bring tra.....

Tags : Real Estate Regulatory Act, Union territories



Allahabad HC: Information Commission Don’t Have Power to Review or Change its Own Order(03.11.2016)

Allahabad High Court has ordered that UP State Information Commission does not have a power to review and change its own orders, including order of im.....

Tags : Allahabad High Court, Information Commission, review, RTI Act



National Food Security Act Gets Pan-India Coverage(04.11.2016)

National Food Security Act (NFSA), which envisages supply of subsidized food grains, has been implemented across the country.

Tags : National Food Security Act



Bombay HC Rules ‘Court Cannot Ignore Illegal Detention’(04.11.2016)

Bombay High Court, while granting bail to a Gondia man arrested for murder and cases under Arms Act and SC/ST Act, has said that court can’t turn Nels.....

Tags : Bombay High Court, Arms Act, SC/ST Act, illegal detention



Madras HC Directs State to Look into Charges of Encroachment by Cement Company(07.11.2016)

Madras High Court has ruled that a Private Cement Factory at a village in Thiruvallur District was not entitled to carry out any construction across a.....

Tags : Madras High Court, Cement Factory, irrigation canal, Thiruvallur



Specified goods when stored in warehouse within ambit of Customs Act, 1962(11.01.2016)

The Ministry of Finance has specified goods that will attract provisions of the Customs Act, 1962 when deposited in a warehouse. The list comprises va.....

Tags : Fuel, spirits, crude, nitrogen, storage, customs act



Reporting of Transactions by agency banks to RBI(30.11.2017)

It has been brought to our notice that some agency banks are reporting government transactions after considerable delay and along with the current tra.....

Tags : RBI, Agency Banks, Transactions



Government of India and Asian Development Bank Sign $85 Million Loan to Support Odisha Skill Development Project(03.12.2018)

The Government of India and the Asian Development Bank (ADB) signed a $85 million loan on 03.12.2018 to improve the skill development eco-system in Od.....

Tags : Loan, Project, Development activities



Delhi HC Wants Uniform Law on Cabs Running in Delhi-NCR(16.12.2015)

Delhi HC has said, "The Motor Vehicles Act needs to be relooked. It is old and need changes. If entire Delhi-NCR could be looked as one state so that .....

Tags : Delhi HC, Motor Vehicles Act , Uniform Law on Cabs Running



Modi Government Notifies Rules for Land Acquisition Bill 2013(21.12.2015)

Modi Government has notified rules for Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013, pass.....

Tags : Modi Government, Land Acquisition, Rehabilitation and Resettlement Act 2013



Madras HC: Acquittal from Trial Court Provides No Immunity from Departmental Proceedings(28.11.2016)

Madras High Court has ruled that a person’s acquittal of criminal charges by a Trial Court does not provide them with immunity from Departmental Actio.....

Tags : Madras High Court, Departmental Action, Trial Court



Bombay HC Paves Way to Let Out Actress Nanda’s Triplex Flat(28.11.2016)

Bombay High Court has paved way to give Actress Nanda’s 4,000 sq ft sea-facing triplex residential flat in Versova on leave and licence, two years aft.....

Tags : Bombay High Court, Actress Nanda, triplex residential flat,



J & K High Court Orders Release of Human Right Activist Khurram Parvez(28.11.2016)

J&K High Court, while ordering release of Human Rights activist Khurram Parvez, has quashed his detention under Public Safety Act (PSA), saying that G.....

Tags : J&K High Court, Khurram Parvez, Public Safety Act



SICA Repeal Act Shall Come into Force From Dec. 01, 2016(30.11.2016)

Ministry of Finance has appointed December 1, 2016 as the date on which provisions of Sick Industrial Companies (Special Provisions) Repeal Act, 2003 .....

Tags : Ministry of Finance, SICA Repeal Act, Sick Industrial Companies



Ministry of Finance Repeals SICA With Effect From Today(01.12.2016)

Ministry of Finance has repealed Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) with effect from today.

Tags : Ministry of Finance, Sick Industrial Companies (Special Provisions) Act, 1985



Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2016(01.03.2016)

The Central Board of Excise and Customs notified the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, .....

Tags : import, concessional rate, manufacture, excisable goods



Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable and Other Goods) Rules, 2016(01.03.2016)

The Central Board of Excise and Customs notified Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable and Other .....

Tags : concessional rate, manufacture, excise



Competition Commission of India imposes Penalty on Chemists and Druggists Association of Baroda(16.01.2019)

The Competition Commission of India ('Commission') has found the Chemists and Druggists Association of Baroda ('CDAB') to be in contravention of the p.....

Tags : Restrictive trade practices, Penalty, Imposition



Delhi HC Starts Transfer of Cases, Aiming Speedy Justice(25.11.2015)

Delhi HC has started process of transferring civil cases pending before it to subordinate courts as per provisions of the Delhi High Court (Amendment).....

Tags : Delhi HC , Delhi High Court (Amendment) Act, 2015



Gujarat HC: High Court Can Quash Domestic Violence Act Complaints like FIRs(30.11.2015)

Gujarat HC has held that HC can quash complaint filed by women against their in-laws under Protection of Women From Domestic Violence Act, 2005 under .....

Tags : Gujarat HC, Protection of Women From Domestic Violence Act, 2005



Bombay HC Denies Bail to Shiv Sena Members for Assaulting RTI Activist Mallikarjun Bhaikatti(02.12.2015)

Bombay HC has denied anticipatory bail to five Shiv Sena members who allegedly assaulted RTI activist Mallikarjun Bhaikatti on the premises of Shahu C.....

Tags : Bombay HC , RTI activist Mallikarjun Bhaikatti, Shiv Sena Members



Bombay HC Allows Bhujbal to Withdraw Plea Challenging Constitutionality of PMLA(16.11.2016)

Bombay High Court has allowed NCP leader Chhagan Bhujbal and his nephew Sameer to withdraw a petition challenging constitutional validity of certain p.....

Tags : Bombay High Court, Chhagan Bhujbal, Prevention of Money Laundering Act (PMLA)



Supreme Court: Presumption of Dowry Death Must be Backed by Evidence of Cruelty(21.11.2016)

Supreme Court has ruled that presumption of culpability against an accused in a dowry death case under Evidence Act would be “activated” only when the.....

Tags : Supreme Court, Evidence Act, Dowry Death , Cruelty



Supreme Court Directs Centre to Frame Model Rules For Consumer Courts(22.11.2016)

Supreme Court, while emphasizing that “a systemic overhaul of entire infrastructure is necessary if Consumer Protection Act, 1986, is not to become a .....

Tags : Supreme Court, Consumer Protection Act, 1986, model rules



Exercise of power under Section 7 and 8 of Unlawful Activities (Prevention) Act, 1967 by the State Governments and the Union territory Administrations in relation to SIMI(14.02.2019)

Whereas, in exercise of the powers conferred by sub-sections (1) and (3) of section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), .....

Tags : Power, Enactment, SIMI



Manufacturing of Mobile Handsets(11.02.2019)

One hundred twenty-seven units are manufacturing mobile handsets in the country and all of them are operating from the Domestic Tariff Area (DTA). As .....

Tags : Manufacturing, Mobile Handsets



Companies Law Committee Submits Report to Government(03.02.2016)

Companies Law Committee, constituted in June 2015 to make recommendations on issues related to implementation of Companies Act, 2013, has submitted it.....

Tags : Companies Law Committee,Companies Act, 2013,



Punjab and Haryana HC: Foreign Nationals are Covered Under Senior Citizens Act(03.02.2016)

Punjab and Haryana HC has ruled that foreign citizens living in India are also covered under Maintenance and Welfare of Parents and Senior Citizens Ac.....

Tags : Punjab and Haryana HC , Maintenance and Welfare of Parents and Senior Citizens Act, 2007, foreign citizens



RBI Updates Norms of Fema(05.02.2016)

Reserve Bank of India (RBI), with an aim to promote ease of doing business, has come out with nine updated rules under the Foreign Exchange Management.....

Tags : Reserve Bank of India , oreign Exchange Management Act (Fema), 1999



Kerala HC: Non Wearing of Helmet Can’t be Ground to Fix Contributory Negligence(15.02.2016)

Kerala High Court has held that non-wearing of helmet, though an offence under the relevant provisions of the Motor Vehicles Act, could not be taken a.....

Tags : Kerala High Court, Motor Vehicles Act, contributory negligence



Govt Notifies Graded Response Action Plan to Fight Air Pollution in National Capital(17.01.2017)

Ministry of Environment has notified a Graded Response Action Plan to fight air pollution in Delhi-National Capital Region area, which means that Nati.....

Tags : Ministry of Environment, Graded Response Action Plan



Madras HC Rules: Aged Parents of Deceased Person Eligible for Workmen’s Compensation(18.01.2017)

Madras High Court has ruled that aged parents of a deceased person is also eligible for compensation sanctioned under Workmen Compensation Act.

Tags : Madras High Court, Workmen Compensation Act, aged parents



Commerce Minister interacts with FPOs on Agri Export Policy(26.02.2019)

Union Minister of Commerce and Industry, Suresh Prabhu, held an interaction with Farmer Producers' Organizations (FPOs) through video link in 81 locat.....

Tags : FPOs, Interaction, Agri Export Policy



RBI Working Paper No. 4/2018: Economic Activity and its Determinants: A Panel Analysis of Indian States(26.07.2018)

The Reserve Bank of India today placed on its website today a Working Paper titled "Economic Activity and its Determinants: A Panel Analysis of Indian.....

Tags : Economic Activity, Determinants, Panel Analysis



TRAI releases Report on Activities for the period 1st January 2018 to 31st December 2018(20.05.2019)

Telecom Regulatory Authority of India (TRAI) has today released the Report on Activities for the period 1st January 2018 to 31st December 2018. The Re.....

Tags : Report, release, Activities



Madras HC: Engaging Teachers for NPR Work Not Against RTE Act(18.02.2016)

Madras HC has held that engaging school teachers to carry out a door-to-door survey for updating National Population Register (NPR) cannot be construe.....

Tags : Madras HC, NPR Work, RTE Act



RBI Revises Norms for NBFC Factor Firms(19.02.2016)

Reserve Bank of India (RBI) has came out with clarifications for NBFC factor companies to remove any possible regulatory arbitrage with banks that pro.....

Tags : Reserve Bank of India , NBFC factor companies



Delhi HC Seeks Property List over Plea Challenging Rent Act’s Legality(22.02.2016)

Delhi HC, while hearing petition challenging legality of the Delhi Rent Control Act on ground it is an archaic piece of legislation violating fundamen.....

Tags : Delhi HC, Rent Act



I-T Clarification on US Tax Law Enforcement(22.02.2016)

Income Tax Department has clarified that all upcoming reporting in May 2016 for purpose of adhering to the US Foreign Account Tax Compliance Act (FATC.....

Tags : Income Tax Department, US Foreign Account Tax Compliance Act



Bombay HC Notices State over Regularization of Matrimonial Websites(11.01.2017)

Bombay High Court has directed State Government to file an affidavit with details of steps it has initiated to regulate matrimonial websites and marri.....

Tags : Bombay High Court, Matrimonial Websites, Dowry Prohibition Act



Supreme Court Directs Govt to Set Up Body to Deal With Complaints About TV Contents(13.01.2017)

Supreme Court has asked Government to set up, streamline and publicize a complaint redressal mechanism under Cable Television Networks (Regulation) Ac.....

Tags : Supreme Court , Cable Television Networks (Regulation) Act, TV Content



Annual Report of TRAI for the year 2015-16(24.04.2017)

The Annual Report of Telecom Regulatory Authority of India for the year 2015-16 detailing activities of the Authority, certified accounts and the audi.....

Tags : TRAI, Annual Report, Activities, Details



Annual Closing of Government Accounts - Transactions of Central / State Governments - Special Measures for the Current Financial Year (2018-19)(28.03.2019)

With a view to providing greater convenience to tax payers, as in previous years, it has been decided that RBI Offices and all designated branches of .....

Tags : Government Accounts, Annual Closing, Transactions of



TRAI releases "Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge (Second Amendment) Regulations, 2019(01.10.2019)

The Telecom Regulatory Authority of India (TRAI) has issued "Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charg.....

Tags : Transaction Charge, Dipping Charge, Regulations



Capacity Building and Sharing of Best Practices in Policy, Regulation and Development-International Training Programme for ASEAN(18.11.2019)

Telecom Regulatory Authority of India (TRAI) is hosting 5 day International training programme on "Capacity Building and Sharing of Best Practices in .....

Tags : Sharing, Best Practices, Programme, ASEAN



SC Junks Pleas Challenging Validity of Goa Land Act(30.03.2016)

Supreme Court has junked petitions challenging validity of amendments made in 114-year-old Land Acquisition Act to save a portion of a five-star resor.....

Tags : Supreme Court , Goa Land Act



Central Government Employees Need to Declare Assets by April 15(04.04.2016)

All central government employees have been asked to mandatorily file details of their assets and liabilities, including those of their spouse and depe.....

Tags : Central Government Employees, Lokpal Act



Madras HC: Amendment to TN Motor Vehicles Act Unconstitutional(06.04.2016)

Madras High Court has declared that the amendment made to Tamil Nadu Motor Vehicles Taxation Act,1974, by the government, which imposed a tax on omni .....

Tags : Madras High Court, Tamil Nadu Motor Vehicles Taxation Act,1974



Centre Re-Promulgates Ordinance on Enemy Property(06.04.2016)

Centre has re-promulgated an ordinance to amend the nearly 50-year-old Enemy Property Act, to guard against claims of succession or transfer of proper.....

Tags : Centre , Enemy Property Act



Top Pvt Banks Slap Charges on Cash Transactions, Caps Free Transactions(02.03.2017)

Banks including HDFC, ICICI, Axis began charging a minimum amount of Rs 150 per transaction for cash deposits and withdrawals beyond four free transac.....

Tags : Banks, Cash Transactions



Gujarat High Court: Unregistered Firm Has Locus to File Criminal Complaint for Cheque Dishonour(03.03.2017)

Gujarat High Court has ruled that an unregistered partnership firm can file a criminal complaint for a dishonoured cheque under section 138 of Negotia.....

Tags : Gujarat High Court, Unregistered Firm, Negotiable Instruments Act.



Supreme Court: Claim Compensation Before MACT Within Reasonable Time(06.03.2017)

Supreme Court has observed that though there is no limitation period to raise a claim for compensation before a Motor Accident Claims Tribunal (MACT),.....

Tags : Supreme Court, MACT, Motor Accident



Madras HC Dismisses “Beedi” Manufacturers’ Appeal(28.07.2016)

Madras HC has dismissed a batch of writ appeals filed by Beedi manufacturers, including with regard to a dispute over payment of wages less than that .....

Tags : Madras HC, Beedi manufacturers



Lok Sabha Passes Benami Transactions Amendment Bill(28.07.2016)

Lok Sabha has passed the Benami Transactions Amendment Bill with the new legislation having provisions for confiscating 'benami' (proxy) assets.

Tags : Lok Sabha , Benami Transactions Amendment Bill



MCOCA Court Convicts Abu Jundal in Aurangabad Arms Haul Case(28.07.2016)

Maharashtra Control of Organised Crime Act (MCOCA) Court, Mumbai, has held Abu Jundal (a key plotter of the 26/11 terror attacks) and others, guilty i.....

Tags : Maharashtra Control of Organised Crime Act , Abu Jundal, Aurangabad arms haul case



President Gives Assent to Lokpal and Lokayuktas (Amendment) Act, 2016, Along with Other Two(01.08.2016)

President has given assent to the Child Labour (Prohibition and Regulation) Amendment Act, 2016, the Regional Centre for Biotechnology Act, 2016 and t.....

Tags : President, the Child Labour (Prohibition and Regulation) Amendment Act, 2016, the Regional Centre for Biotechnology Act, 2016 , the Lokpal and Lokayuktas (Amendment) Act, 2016



Delhi HC Denies to Quash FIR against Contractor(02.08.2016)

Delhi HC has denied to quash a criminal case against a contractor whose alleged negligence in adopting safety measures at a construction site had led .....

Tags : Delhi HC, Contractor



Supreme Court Stays Bombay HC Verdict on Levy of Stamp Duty on Advertisement Contracts(28.03.2017)

Supreme Court has stayed Bombay High Court judgment which had dismissed the challenge against levy of stamp duty on contracts entered into by advertis.....

Tags : Supreme Court, Advertisement Contracts, Stamp Duty



Bombay HC: Mere Repayment of Loan Amount ‘No Ground’ For Quashing Cheating Case(29.03.2017)

Bombay High Court has held that re-payment of loan amount will not have any adverse effect on a criminal prosecution and observed that offences involv.....

Tags : Bombay High Court, banking and loan transactions



Policy on import of dogs(25.05.2016)

The Directorate General of Foreign Trade introduced a policy on the import of dogs under the Indian Tariff Code.

Dogs are no longer permitt.....

Tags : Import policy, dogs, breeding, commercial activity



Cabinet approves Pact between India and Japan in Steel Sector(11.12.2019)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for signing the Memorandum of Cooperation (MoC) between Gove.....

Tags : Pact, Approval, Steel Sector



Contribution of Manufacturing Output of MSME(09.12.2019)

As reported by Central Statistics Office (CSO), Ministry of Statistics & Programme Implementation (MoSPI), the Share of MSME manufacturing output in A.....

Tags : Contribution, Manufacturing Output, MSME



Modifications in the contract specifications of commodity derivatives contracts(14.11.2019)

1. SEBI vide its circular ref. no. SEBI/HO/CDMRD/CIR/2016/88 dated September 20, 2016 had inter-alia prescribed at Para 3(c) provisions regarding perm.....

Tags : Modifications, Contract specifications, Derivatives contracts



Charges on digital transactions(11.04.2017)

Digital financial transactions are a part of the Government's strategy to create histories of transactions, including the associated credit, and there.....

Tags : Digital transactions, Charges, Levy



Relaxation of additional fees and extension of last date in filing of forms MGT-7 (Annual Return) and AOC-4 (Financial Statement) under the Companies Act, 2013-UT of J&K and UT of Ladakh(31.01.2020)

Sir

In continuation to General Circular No. 15/2019 dated 28-11-2019 and keeping in view of the requests received from various stakeholders.....

Tags : Annual Return, Companies Act, 2013



SC: Need to Review Provisions of Advocates Act(07.07.2016)

SC has called for an “urgent” review of provisions of Advocates Act to tighten regulatory mechanism for legal profession to check indiscipline among l.....

Tags : SC, Lawyers, Advocates Act



Madras HC: Pistol Whipping Will Not Attract Arms Act(11.07.2016)

Madras HC has held that using a licensed pistol not to open fire but only to assault opponent with its butt would not attract any of the offences list.....

Tags : Madras HC, Arms Act



Madras HC Advises Lawyers to Move SC over Amendments to Advocates Act(12.07.2016)

Madras HC has advised advocates to approach the Supreme Court if they have any grievances on amendments to the Advocate's Act.

Tags : Madras HC, Advocate's Act



Govt. Notifies Aadhaar Act, Operationalises Some of Its Provisions(13.07.2016)

Union Government has notified Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and operationalised some o.....

Tags : Union Government, Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016



Allahabad High Court Issues Directions For Dealing With Grievances Under NFSA(25.04.2017)

Allahabad High Court has directed UP Government to appoint District Grievance Redressal Officers within a month for expeditious and effective resoluti.....

Tags : Allahabad High Court, National Food Security Act



India Gets Landmark HIV Act Granting Equal Rights to Patients(25.04.2017)

HIV Act, 2017 that seeks to prohibits discrimination against persons with HIV and AIDS has received President assent on April 20, 2017.

Tags : HIV Act, 2017



Karnataka High Court: Husband Can Initiate Proceedings Under DV Act Against Wife(26.04.2017)

Karnataka High Court has held that any person, whether male or female, aggrieved and alleging violation of provisions of Domestic Violence Act, can in.....

Tags : Karnataka High Court, Domestic Violence Act



Karnataka High Court: 25% Reservation Applies To Both Entry Levels Under RTE(26.04.2017)

Karnataka High Court has held that reservation to the extent of at least 25 per cent under RTE Act applies to both entry levels, if the school is impa.....

Tags : Karnataka High Court , RTE Act



Amendment in First Schedule to Indian Veterinary Council Act, 1984(20.01.2020)

WHEREAS a request has been received from ICAR-Indian Veterinary Research Institute, Izatnagar, Bareilly, Uttar Pradesh for inclusion of the Bachelor o.....

Tags : Amendments, Indian Veterinary Council Act, 1984



Parliament Passes Benami Transactions Bill and Institutes of Technology Bill(03.08.2016)

Parliament has passed the Benami Transactions (Prohibition) Amendment Bill, 2016 and the Institutes of Technology (Amendment) Bill, 2016.

Tags : Parliament, Benami Transactions (Prohibition) Amendment Bill, 2015 , the Institutes of Technology (Amendment) Bill- 2016



HP High Court Strikes Down Provision of Rent Act(04.08.2016)

HP High Court has struck down first proviso of clause (c) of sub-section (3) of Section 14 of the of HP Urban Rent Control Amended Act, observing it a.....

Tags : HP High Court, HP Urban Rent Control Amended Act



Delhi Court: Domestic Violence Act Does Not Override Personal Laws(04.08.2016)

A Delhi Court, while observing that the ‘Protection of Women from Domestic Violence (PWDV) Act does not override personal laws completely’, has reduce.....

Tags : Delhi Court, ‘Protection of Women from Domestic Violence (PWDV) Act, personal laws



Bombay HC Grants Interim Protection to Pankaj Bhujpal(05.08.2016)

Bombay HC has granted interim protection to Pankaj Bhujbal till August 8 against any arrest by the Prevention of Money Laundering Act (PMLA) court.

Tags : Bombay HC, Prevention of Money Laundering Act (PMLA) Court



SC: Subsequent Parties Entitled To Seek Declaration that Land Acquisition Proceedings Have Lapsed(05.05.2017)

Supreme Court has held that subsequent purchaser, assignee, successor in interest, power of attorney, etc., are all persons who are interested in comp.....

Tags : Supreme Court, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act



Delhi High Court: No Probation For Offences Having Mandatory Minimum Imprisonment(08.05.2017)

Delhi High Court has set aside an order of probation given to an accused convicted under POCSO Act on grounds that minimum period of imprisonment was .....

Tags : Delhi High Court, Probation, POCSO Act



Delhi HC: Countervailing Duty on Cut Pieces of Used Tyres is Ultra Vires Customs Tariff Act(08.05.2017)

Delhi High Court has held that the process to which old tyres are subject to produce two or more pieces of cut tyre is not “manufacture? within the me.....

Tags : Delhi High Court, Customs Tariff Act



Enhancment of Security of Card Transactions(15.01.2020)

1. Over the years, the volume and value of transactions made through cards have increased manifold. To improve user convenience and increase the secur.....

Tags : Enhancement, Security, Card Transactions



SC: Landowner Can Seek Compensation from Builder under Consumer Protection Act(25.07.2016)

SC has held that a landowner who signs a Memorandum of Understanding (MoU) with a builder to develop apartments on his land is a consumer and can dema.....

Tags : SC, Landowner, Builder, Consumer Protection Act



Madras HC Refuses to Take Action against Lawyers till Deliberations are Completed(25.07.2016)

Madras HC has said no action would be initiated against advocates under the amended rules to Advocates Act till deliberations of newly constituted Jud.....

Tags : Madras HC , Advocates Act



Delhi HC Orders Rs 3 Lakh Compensation to Boy Sexually Assaulted in School(25.07.2016)

Delhi HC has awarded Rs 3 lakh as compensation to a minor boy who was sexually assaulted in school by 3 senior students in 2013, observing that provis.....

Tags : Delhi HC, Protection of Children from Sexual Offences (POCSO) Act



Bombay HC: Woman Can Invoke Domestic Violence Act against Female In-Laws(25.07.2016)

Bombay HC has ruled that a woman can invoke criminal provisions of Domestic Violence Act against female relatives of her husband.

Tags : Bombay HC , Domestic Violence Act



CBDT: Now File Statement of Financial Transaction at Tin Facilitating Centers(02.06.2017)

Central Board of Direct Taxes (CBDT) has enabled filing of Statement of Financial Transaction (SFT) at Tin Facilitating Centers (TIN-FC).

Tags : Central Board of Direct Taxes, Statement of Financial Transaction, Tin Facilitating Centers



Allahabad High Court: ‘Flavoured Milk’ is Exempted Under UP Trade Tax Act(05.06.2017)

Allahabad High Court has held that “flavoured milk” sold in open form or in sealed containers is basically a milk that stands exempted under Section 4.....

Tags : Allahabad High Court, UP Trade Tax Act



Maharashtra Govt Revises Composition Scheme for Builders & Developers under MVAT Act(05.06.2017)

Maharashtra Government has revised Composition Scheme introduced for Builders and Developers by amending MVAT Act.

Tags : Maharashtra Government, MVAT Act



Performance review of the commodity derivatives contracts(04.02.2020)

1. The primary objective of the commodity derivatives market is to provide credible future price signals to market participants and an effective platf.....

Tags : Review, Commodity derivatives, Contracts



Equalisation Levy of 6 % to Come in Force from Tomorrow(31.05.2016)

Equalisation levy of 6 per cent on services pertaining to cross border digital transactions will come into effect from June 1.

Tags : Equalisation levy , cross border digital transactions



Supreme Court: Second Detention Order Under Bihar Control of Crimes Act Is Conditional(20.04.2017)

Supreme Court has held that a second detention order under Bihar Control of Crimes Act, 1981, can only be passed on fresh grounds that arise after ord.....

Tags : Supreme Court, Bihar Control of Crimes Act



Government Notifies Remaining Sections of RERA, Act Shall Come into Full Force From May 1, 2017(20.04.2017)

Central Government has issued a notification announcing that sections 3-19, 40, 59-70, 79 and 80 of Real Estate (Regulation and Development) Act, 2016.....

Tags : Central Government, Real Estate (Regulation and Development) Act, 2016,



Gujarat High Court Suggests Parents to Approach Govt Receiving Centres For RTE Admissions(21.04.2017)

Gujarat High Court has said that if parents find difficulty in securing admission for children in class I under Right of Children to Free and Compulso.....

Tags : Gujarat High Court, Right of Children to Free and Compulsory Education Act



Karnataka High Court: KIAD Act Must Conform to Provisions of Centre's 2013 Land Acquisition Act(21.04.2017)

Karnataka High Court has ruled that Section 24 of Centre's Land Acquisition, Rehabilitation and Resettlement Act, 2013 that deals with compensation, w.....

Tags : Karnataka High Court, Land Acquisition, Rehabilitation and Resettlement Act, 2013



Rajasthan HC Rules 'Sanction Not Necessary to Order Preliminary Inquiry Against Public Servant'(24.04.2017)

Rajasthan High Court has recently held that there is no requirement of previous sanction under Section 19 of Prevention of Corruption Act for ordering.....

Tags : Rajasthan High Court, Prevention of Corruption Act



CIC: Non-traceability of File No Excuse to Deny Information Under RTI(24.04.2017)

Central Information Commission has held that when information is being sought by applicant, non-traceability of file cannot be used as an excuse to de.....

Tags : Rajasthan High Court, Prevention of Corruption Act



Institutes set up for defence products manufacturing(23.03.2020)

One approval for 100% FDI inflow has been given by till date. Government has issued 464 licenses till February, 2020 for manufacture of a wide range o.....

Tags : Institutes, Defence Products, Manufacturing



Cabinet approves scheme for promotion of manufacturing of electronic components and semiconductors(21.03.2020)

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi has approved to offer financial incentive of 25% of capital expenditure for the ma.....

Tags : Scheme, Promotion, Manufacturing, Electronic Components



Setting up of IFSC Banking Units (IBUs) - Permissible activities(21.01.2020)

This is with reference to RBI circular DBR.IBD.BC.14570/23.13.004/2014-15 dated April 01, 2015, as modified from time to time, setting out RBI directi.....

Tags : IFSC, Banking Units, Permissible activities



Bombay HC Put Stay on Retrospective Roll-Out of New Bonus Payment Act(15.06.2016)

Bombay High Court has stayed the retrospective implementation of the recently amended Payment of Bonus Act in an ad interim verdict passed on 13th Jun.....

Tags : Bombay High Court, New Bonus Payment Act



CBDT Notifies Tax Exemption to Startups from 'Rigour' of Section 56(2)(viib) of Income Tax Act(20.06.2016)

Central Board of Direct Taxes (CBDT) has notified tax exemption on investments above fair market rate for startups. The exemption is provided to start.....

Tags : Central Board of Direct Taxes, section 56(2)(viib) of Income Tax Act, startups



SC to HCs: Appoint Special Prosecutors to Deal With Cases of Crime Against Children(07.04.2017)

Chief Justice of India has directed high courts to appoint special public prosecutors to deal with cases of crime against children and to create child.....

Tags : Protection of Children from Sexual Offenses Act



Mental Healthcare Act, 2016: Suicide Attempt by Mentally Ill People Not Punishable(10.04.2017)

President Pranab Mukherjee has given his assent to Mental Healthcare Act, 2016 that decriminalizes attempts to commit suicide by a mentally ill person.....

Tags : Mental Healthcare Act, 2016



Delhi High Court Upholds Inclusion of 'Ketamine' in List of OPsychotropic Substances Under NDPS Act(13.04.2017)

Delhi High Court has upheld inclusion of Ketamine in list of psychotropic substances for purposes of Narcotic Drugs and Psychotropic Substances (NDPS).....

Tags : Delhi High Court, Narcotic Drugs and Psychotropic Substances (NDPS) Act, Ketamine



Employee's Compensation Amendment Bill Gets President Nod(13.04.2017)

Employee's Compensation Amendment Bill that aims at providing payment of compensation to employees and their dependants in case of injury by industria.....

Tags : Employee's Compensation Amendment Act



Bombay High Court Upholds States Rule-Making Power Under Criminal Law Amendment Act 1932(14.04.2017)

Bombay High Court has examined whether State retains powers conferred by Section 10 of Criminal Law Amendment Act of 1932 to make certain offences cog.....

Tags : Supreme Court, Criminal Law Amendment Act 1932



Reporting and Accounting of Central Government Transactions of March, 2020(17.03.2020)

1. Please refer to Circular DGBA.GBD.No.2394/42.01.029/2018-19 dated March 20, 2019 advising the procedure to be followed for reporting and accounting.....

Tags : Transactions, Reporting, Procedure



Kerala High Court Upholds Slapping of KAAPA on Muhammed Nisham(31.07.2015)

Kerala High Court has upheld state government order of slapping Kerala Anti-social Activities (Prevention) Act 2007 (KAAPA) on Muhammed Nisham, an acc.....

Tags : Kerala High Court, Kerala Anti-social Activities (Prevention) Act 2007



SC Put Stay on Cases against Miners’ Payment towards Additional Royalty(17.08.2016)

SC has stayed all cases at various High Courts across the country relating to miners having to pay additional royalty under the amended Mines and Mine.....

Tags : SC, High Courts , Mines and Minerals (Development and Regulation) Act, 1957



President Gives Assent to Recovery Laws(19.08.2016)

President has given assent to the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016.

Tags : President, Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016



Govt.: Deduction Benefit under Section 35AC Only Till March 31(22.08.2016)

Government has said that benefit of deduction under section 35AC of the IT Act will only be available till March 31, in respect to the payments made t.....

Tags : Government, Section 35AC, IT Act



Supreme Court: Lower Courts Can Write Judgments in Tamil or English(12.05.2017)

Supreme Court has stayed a judgment passed by Madras HC in 2014 quashing a circular issued by HC in 1994 permitting Lower Courts in State to write jud.....

Tags : Supreme Court, Lower Courts, TN Official Language (Amendment) Act



Supreme Court Upholds Constitutional Vires of Maharashtra VAT Act(16.05.2017)

Supreme Court, reiterating the settled proposition that Legislature has power to enact prospectively as well as retrospectively, has upheld a Bombay H.....

Tags : Supreme Court, VAT Act, Maharashtra



Elaborate infrastructure and facilities set up to ensure proper implementation of POCSO Act, 2012(20.07.2017)

The National Commission for Protection of Child Rights (NCPCR) is mandated under Section 44 of the Protection of Children from Sexual Offences (POCSO).....

Tags : Implementation, POCSO Act, Infrastructure



RBI Working Paper No. 07/2020: Impact of Leverage on Firms' Investment: Decoding the Indian Experience(01.07.2020)

The Reserve Bank of India today placed on its website a Working Paper titled "Impact of Leverage on Firms' Investment: Decoding the Indian Experience".....

Tags : Impact, Leverage, Firms' Investment



Union Power Ministry advises States/UTs to allow construction activities in the power projects outside Municipal limits during nation-wide lockdown for COVID-19 outbreak(23.04.2020)

Union Power Ministry has advised the State/UT administrations to allow construction activities in the power projects outside Municipal limits during n.....

Tags : Construction activities, Power projects, Health protocols



Kamlesh Tiwari Case: SC Asks Allahabad HC to Dispose off Petition in 4 Weeks(26.08.2016)

Supreme Court has directed the Allahabad High Court to dispose off the petition of Hindu Mahasabha leader Kamlesh Tiwari in 4 weeks which challenged t.....

Tags : Supreme Court, Allahabad High Court, Hindu Mahasabha, Kamlesh Tiwari, National Security Act



Delhi High Court: 'Financial Capacity' Relevant Factor for Application for Waiver of Interest(23.05.2017)

Delhi High Court, while confirming rejection of an application seeking waiver of interest held that financial capacity of assessee is a relevant facto.....

Tags : Delhi High Court, Income Tax Act



Delhi HC: Document Seized From Broker Cannot be Used as Evidence to Initiate Re-assessment(24.05.2017)

Delhi High Court has held that materials seized from a real estate broker relating to assessee cannot be used as an evidence to initiate re-assessment.....

Tags : Delhi High Court, Re-assessment, Income Tax Act



Government Tweaks Startup Definition, Allows SIAP Benefit to Business Not Older Than 7 Years(26.05.2017)

Government has introduced minor changes to the startup definition, saying a business not older than seven years will now qualify for benefits under St.....

Tags : Startup India Action Plan, startup



Bombay High Court : Award of Interest Obligatory Under S.34 of Land Acquisition Act(26.05.2017)

Bombay High Court has held that claimants of compensation under Land Acquisition Act can claim award of interest at any stage as payment of the same i.....

Tags : Bombay High Court , Land Acquisition Act



Bombay HC: Claimant of Compensation under Land Acquisition Act Can Claim Interest at Any Stage(29.05.2017)

Bombay High Court has held that claimants of compensation under the Land Acquisition Act can claim award of interest at any stage as the payment of th.....

Tags : Bombay High Court, Land Acquisition Act



ITAT Mumbai Says 'Sponsoring Foreign Trips of Doctors for Business Promotion is Expenditure'(29.05.2017)

Mumbai ITAT has held that sponsoring foreign trips of doctors for business promotion is allowable as expenditure under provisions of Income Tax Act.

Tags : Mumbai ITAT, foreign trips, Income Tax Act



One-time relaxation with respect to validity of SEBI Observations(21.04.2020)

1. In view of the impact of the COVID-19 pandemic, based on representations from various industry bodies, SEBI has decided to grant the following one .....

Tags : One-time relaxation, Grant, Impact, COVID-19 pandemic



Delhi Govt Lays Down Guidelines Relating to Downloading of DVAT Statutory Forms(14.06.2017)

Delhi Government has issued a circular prescribing guidelines relating to downloading of Statutory Forms under Delhi VAT Act.

Tags : Delhi Government, Delhi VAT Act



CBDT: Trade Advances cannot be treated as ‘Deemed Dividend’(14.06.2017)

Central Board of Direct Taxes (CBDT) has clarified that trade advances would not attract provisions of “deemed dividend” under provisions of Section 2.....

Tags : Central Board of Direct Taxes, Income Tax Act



ITAT, Bengaluru: No Exemption to Society For Investment in Fixed Asset using Loan Amount(15.06.2017)

ITAT, Bengaluru has held that assessee-society is not entitled to exemption in respect of investment in fixed asset using loan amount under section 11.....

Tags : ITAT, Bengaluru, Income Tax Act



Govt Notifies New Exemptions to Private Ltd Companies(15.06.2017)

Govt has notified exemption to Pvt Ltd Companies which says that exceptions, modifications and adaptations provided in it shall be applicable to a com.....

Tags : Government of India, Companies Act, 2013



1993 Mumbai Serial Blasts Case: TADA Court Convicts Abu Salem, Five Others; Abdul Qayyum Acquitted(16.06.2017)

A Special Terrorism and Disruptive Activities Act (TADA) court has convicted Abu Salem and five others in 1993 Mumbai serial blast case and acquitted .....

Tags : Special Terrorism and Disruptive Activities Act, Abu Salem, Abdul Qayyum



Gujarat High Court: Mere Rejection of a Claim Would Not Attract Penalty Under Income Tax Act(20.06.2017)

Gujarat High Court has held that penalty cannot be levied on assessee solely on ground of rejection of a claim under Income Tax Act, 1961.

Tags : Gujarat High Court, Income Tax Act



Madras HC: Tobacco is Not ‘Food Product’, No Action Can Be Taken Against Manufactures Under FSSAI Act(20.06.2017)

Madras High Court has observed that tobacco is not a food product for purpose of Food Safety and Standards Act and no proceedings can be initiated aga.....

Tags : Madras High Court, ood Safety and Standards Act



India signs Contract for Exploration of Polymetallic Sulphides with International Seabed Authority(26.09.2016)

Ministry of Earth Sciences (MoES), Government of India, signed a 15-year contract with the International Seabed Authority (ISA), for exploration of Po.....

Tags : Contract, Signing, International Seabed Authority



Loans Sourced by Banks and NBFCs over Digital Lending Platforms: Adherence to Fair Practices Code and Outsourcing Guidelines(24.06.2020)

1. It has been observed that many digital platforms have emerged in the financial sector claiming to offer hassle free loans to retail individuals, sm.....

Tags : Loans, Fair Practices Code, Outsourcing Guidelines



Jammu and Kashmir High Court Quashes Masarat Alam's Detention Under Public Safety Act(24.08.2015)

Jammu and Kashmir High Court has quashed the detention of hardline separatist Masarat Alam under the Public Safety Act.

Tags : Jammu and Kashmir High Court, Masarat Alam, Public Safety Act



Bombay High Court Rejects Criminal Proceedings under PCPNDT Act(25.08.2015)

Bombay HC while rejecting proceeding initiated against two doctors, charged under Pre-Conception Pre-Natal Diagnostic Techniques (PCPNDT) Act, has he.....

Tags : Bombay High Court ,PCPNDT Act



DIPP Clarifies Copyright Act Applies to Digital Streaming Services(08.09.2016)

Department of Industrial Policy and Promotion (DIPP) has clarified that all forms of broadcasting including digital music streaming fall under section.....

Tags : DIPP, Copyright Act



Bombay HC: Damages Under MV Act Applicable Only When Injury/Fatality Is Due to Collision(29.06.2017)

Bombay High Court has held that Section 163-A of Motor Vehicles Act is applicable only if injury or fatality is result of collision and a consequence.....

Tags : Bombay High Court, Motor Vehicles Act



CCI: Movie Producers Have Right to Choose Digital Cinema Provider(29.06.2017)

Competition Commission of India has said there was no contravention of S. 3 & 4 of Competition Act on part of producers for entering into an agreement.....

Tags : Competition Commission of India, Competition Act



Madras HC: Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Order in Writ(30.06.2017)

Madras High Court has observed that all appointments to 19 odd tribunals, under purview of impugned Finance Act and Rules, would be subject to final o.....

Tags : Madras High Court, Finance Act



CBDT: Property Advance Above Rs. 20,000 Must be Disclosed in Audit Report(05.07.2017)

Central Board of Direct Taxes (CBDT) has notified that property advance of Rs. 20,000 should be disclosed in audit report u/s 44AB of Income Tax Act.

Tags : Central Board of Direct Taxes, Income Tax Act



Enforcement date of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018(20.08.2018)

In exercise of the powers conferred by sub-section (2) section 1 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment.....

Tags : Act, Enforcement, Date



Enforcement action in respect of statutory auditors of commercial banks(03.06.2019)

RBI vide its Press Release dated June 29, 2018 had put in place an enforcement action framework in respect of statutory auditors for the lapses in the.....

Tags : Statutory auditors, Commercial banks, Enforcement action



Reporting Platform for OTC Derivatives - Transactions undertaken by IFSC Banking Units (IBUs) and non-deliverable derivative contracts (involving Rupee or otherwise)(18.05.2020)

1. In terms of A.P. (DIR Series) circular no.23 dated March 27, 2020, banks in India having an Authorised Dealer Category-1 license under FEMA, 1999, .....

Tags : OTC Derivatives, Transactions, IBUs



Gujarat High Court: Charge Muslims Who Wed Off Minor Girls(25.09.2015)

Gujarat HC has ruled that Prohibition of Child Marriage Act (PCMA) would prevail over Muslim Personal Law in cases where Muslims marry off their minor.....

Tags : Gujarat HC ,Prohibition of Child Marriage Act



Delhi HC Allows Civic Bodies to Remove Vendors from No-Hawking Zones(06.10.2016)

Delhi HC has allowed Civic Agencies to remove vendors from areas designated as 'No-Hawking Zones' prior to the 2014 Street Vending Act.

Tags : Delhi HC, vendors , no-hawking zones, Street Vending Act



SC Notices Centre & UP Government over Exemption to Minority Schools under Right to Education Act(06.10.2016)

SC has issued notice to Centre & Uttar Pradesh Government on a plea seeking a relook by a constitution bench on whether minority institutions both aid.....

Tags : SC, Uttar Pradesh, minority institutions, Right to Education Act



SC Slams Centre over Noncompliance of its Direction to Tackle Drought(06.10.2016)

SC has slammed Central Government and States for not complying with its directions to supply food grain to the drought-affected areas under the Nation.....

Tags : SC, drought-affected areas, National Food Security Act



SC: Any Person Can Now be Tried under Domestic Violence Act(10.10.2016)

Supreme Court has widened scope of Domestic Violence Act by ordering deletion of words “adult male” from it, paving the way for prosecution of women a.....

Tags : SC, Domestic Violence Act



Madras HC Orders Compensation for 7 Women who Lost Vision(10.10.2016)

Madras HC has directed State Government to pay a compensation of Rs.3 lakh each to seven women who lost vision in one of their eyes after a cataract s.....

Tags : Madras HC , State, compensation , cataract surgery



Calcutta HC: Remedy Under SARFAESI Act Subject To Provisions Of Limitation Act(11.07.2017)

Calcutta High Court has ruled that any remedy under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20.....

Tags : Calcutta High Court, SARFAESI Act



Enforcement date of Aadhaar and Other Laws (Amendment) Act, 2019(25.07.2019)

In exercise of the powers conferred by sub-section (2) of section 1 of the Aadhaar and Other Laws (Amendment) Act, 2019 (14 of 2019), the Central Gove.....

Tags : Enforcement date, Aadhaar, Amendment Act



Transaction in Corporate Bonds/Commercial Papers through RFQ platform and enhancing transparency pertaining to debt schemes(22.07.2020)

1. In order to enhance the transparency and disclosure pertaining to debt schemes and investments by mutual funds in Corporate Bonds/Commercial Papers.....

Tags : Transaction, Corporate Bonds, Transparency



Govt Notifies Rules for Issue of Summons Under Prevention of Money-Laundering Act(29.05.2017)

Govt has notifies rules for issue of summons under Prevention of Money-Laundering Act thereby making it mandatory to serve every summon or notice in F.....

Tags : Money-Laundering Act



Sebi Sets Position Limit for Cross-currency F&O Contract(29.05.2017)

Sebi has fixed position limit for Brokers & Institutional investors operating in International Financial Services Centres for cross-currency futures a.....

Tags : Sebi, F&O Contract



Delhi HC: Judicial Officers Need Sensitization in Intricacies of Special Enactments(30.05.2017)

Delhi High Court has rapped District and Sessions Judge, New Delhi & Additional Sessions Judge presiding over Special Court, over handling of Public P.....

Tags : Delhi High Court, Maharashtra Control of Organized Crime Act, 1999



Delhi HC: No Notice Needed to Search & Seize 'Undisclosed Money' Deposited in 3rd Party A/C(31.05.2017)

Delhi High Court held that ‘Undisclosed Money’ deposited in a third parties’ Bank Account can be subject to search and seizure under Income Tax Act ev.....

Tags : Delhi High Court, Undisclosed Money, Income Tax Act



ITAT, Delhi: Commissioner Sanction Not Required for Contribution towards EPF Under EPF Act(31.05.2017)

ITAT Delhi has held that approval by Commissioner of Income Tax is not a mandatory requirement to allow deduction of contribution towards EPF under se.....

Tags : ITAT Delhi, Income Tax Act, Employees provident Fund Act



Govt Extends Due Date for Filing Statement of Financial Transaction to June 30(01.06.2017)

Central Government has extended last date for filing Statement of Financial Transaction (SFT) Returns to 30th June 2017.

Tags : Central Board of Direct Taxes, Financial Transaction



Initiation of proactive steps after the assessment of financial markets(27.09.2018)

Based on its assessment of the financial markets, the Reserve Bank of India has taken several proactive steps in the last few days. The Reserve Bank h.....

Tags : Proactive steps, Initiation, assessment, Financial markets



Firm and Decisive Government Action taken to preserve value and assets of IL and FS(01.10.2018)

IL&FS, incorporated in 1987, is a large Systemically Important Non-Deposit Accepting Core Investment Company (CIC-ND-SI). It has numerous infrastructu.....

Tags : Assets, Preservation, Decisive Action



Economy Instructions-Printing activities(02.09.2020)

1.As the world is increasingly moving towards adopting digital force multipliers for productivity and given the fact that using technological innovati.....

Tags : Economy Instructions, Printing activities



Bombay HC: Women Entitled to End Pregnancy Regardless of Reason(21.09.2016)

Bombay HC has held that scope of Medical Termination of Pregnancy Act should extend to "mental health" of a woman and she should be "allowed to opt ou.....

Tags : Bombay HC , Medical Termination of Pregnancy Act



Orissa HC Notices Ministries(27.09.2016)

Orissa HC has issued notices to Ministries of Law and Justice, Home, Personnel, Public Grievance and Pensions over a writ petition seeking declaration.....

Tags : Orissa HC , Lokpal and Lokayuktas Act



CBEC: No Service Tax for Yoga Practitioners(27.09.2016)

Central Board of Excise and Customs (CBEC) has notified that entity promoting yoga will not have to pay service tax for a period between 1 July, 2012 .....

Tags : CBEC, Yoga Practitioners



Supreme Court: ‘Domestic Relationship’ Necessary to Permit a Party to Occupy ‘Shared Household’(18.07.2017)

Supreme Court has observed that to issue an order under Domestic Violence Act permitting a party to occupy a household, it is necessary that the two p.....

Tags : Supreme Court, Domestic Violence Act



Uttarakhand HC: Application For Child’s Custody Under DVA No Embargo to Application Under GWA(18.07.2017)

Uttarakhand High Court has ruled that pendency of an application for child’s custody under Section 23 of Domestic Violence Act cannot create an embarg.....

Tags : Uttarakhand High Court, Guardians and Wards Act



Central Information Commission: Officers However High Not Above RTI Act(18.07.2017)

Central Information Commission has treated Chief Vigilance Officer of Employees State Insurance Company (ESIC) as its deemed PIO, and issued him a sho.....

Tags : Central Information Commission, RTI Act



Allahabad HC: Subsequent Purchasers Have No Locus to Challenge Already-completed Acquisition(19.07.2017)

Allahabad High Court has observed that purchasers, subsequent to notifications u/s 4(1) & 6 of Land Acquisition Act, have no locus to challenge acquis.....

Tags : Allahabad High Court, Land Acquisition Act



Digital Payment Transactions - Streamlining QR Code infrastructure(22.10.2020)

1.Reserve Bank had constituted a Committee (Chairperson : Prof Deepak Phatak) to review the current system of Quick Response (QR) Codes in India and s.....

Tags : Digital Payment, Transactions, QR Code



Evidence-based Impact of National Deworming Day in India(20.10.2020)

Soil-Transmitted Helminthiases (STH), also known as parasitic intestinal worm infection, is a significant public health concern mostly in low resource.....

Tags : Evidence, Impact, De-worming



Contactless delivery of international courier consignments(20.10.2020)

1.Representations have been received by the Board from the Express Courier Industry for allowing contactless delivery of international courier consign.....

Tags : Contactless delivery, International courier consignments



#GST: Six Sections of IGST Act Comes Into Force Tomorrow(21.06.2017)

Central Government has notified that six sections (1, 2, 3, 14, 20, 22) of Integrated Goods and Services Tax (IGST) Act will be implemented from 22nd .....

Tags : Goods and Services Tax, GST, IGST Act



#GST: Eighteen Sections of CGST Act Comes Into Force Tomorrow(21.06.2017)

Central Government has notified that eighteen sections (1-5, 10, 23-30, 139, 146, 164) of Central Goods and Services Tax (CGST) Act will be implemente.....

Tags : Goods and Services Tax, GST, CGST Act



#GST: CBEC Notifies Jurisdiction of Tax Officers under CGST & IGST Act(21.06.2017)

Central Board of Excise and Customs (CBEC) has notified jurisdiction of Tax officers under Central Goods and Services Tax (CGST) and Integrated Goods .....

Tags : Goods and Services Tax, GST, CGST Act, IGST Act



#GST Rollout: Six Sections of IGST Act Notified, Effective From Today(22.06.2017)

Central Government has notified that six sections (1, 2, 3, 14, 20, 22) of Integrated Goods and Services Tax (IGST) Act shall come into force from tod.....

Tags : Central Government, Goods and Services Tax (IGST) Act



#GST Rollout: Eighteen Sections of CGST Act Notified, Effective from Today(22.06.2017)

Central Government has notified that eighteen sections (1-5, 10, 23-30, 139, 146, 164) of Central Goods and Services Tax (CGST) Act shall come into fo.....

Tags : Goods and Services Tax, GST, CGST Act



#GST Rollout: Central Goods & Services Rules-2017 Notified, Effective From Today(22.06.2017)

Central Board of Excise and Customs (CBEC) in exercise of powers conferred by section 164 of Central Goods and Services Tax Act, 2017 has notified Cen.....

Tags : Goods and Services Tax, GST, CGST Act



#GST Rollout: All 30 States, Union Territories sans J&K Ready For GST From July 1(22.06.2017)

All States and Union Territories, barring Jammu and Kashmir, have passed their State GST Act, paving the way for rollout of Goods and Services Tax fro.....

Tags : GST Rollout:, State GST Act



Clarifications in respect of the Direct Tax Vivad se Vishwas Act, 2020(28.10.2020)

1. With the objective to reduce pending income tax litigation, generate timely revenue for the Government and benefit taxpayers by providing them peac.....

Tags : Clarifications, Direct Tax, Act, 2020



Bombay HC Upholds Constitutional Vires Of Mandatory Pre-Deposit u/s 129E Of Customs Act(23.06.2017)

Bombay High Court has upheld constitutional validity of Section 129 E of Indian Customs Act, 1962, that makes pre-deposit mandatory for filing an appe.....

Tags : Bombay High Court, Customs Act



Karnataka HC: Neglecting To Maintain Wife & Living With Another Woman Amounts to 'Domestic Violence'(11.08.2017)

Karnataka High Court has held that omission of husband in neglecting to maintain the wife and living with another woman amounts ‘economic’ and ‘emotio.....

Tags : Karnataka High Court, Domestic Violence Act



Supreme Court: It is the Duty of Every Institution to Help Disabled Persons(14.08.2017)

Supreme Court has directed Chhattisgarh Government to constitute requisite Medical Board within two days to examine a candidate suffering from Thalass.....

Tags : Supreme Court, Right of Persons with Disabilities Act



Bombay HC Says 'No' to NIA Appeal Seeking Areeb Majeed to be Charged As ISIS Member Under UAPA(14.08.2017)

Bombay High Court has dismissed an appeal filed by National Investigation Agency (NIA) against decision of Trial Judge to not charge Areeb Majeed unde.....

Tags : Bombay High Court, Unlawful Activity (Prevention) Act



SC: Co-operative Societies Engaged in Banking Biz Not Eligible for Deduction u/s 80P of IT Act(16.08.2017)

Supreme Court has ruled that co-operative societies engaged in banking business for public are not eligible for deduction u/s 80P of Income Tax Act, 1.....

Tags : Supreme Court, Income Tax Act



J&K HC: Supplying Audio of Back Ground Sound to a Film Already Shot Amounts to “Manufacture”(16.08.2017)

Jammu & Kashmir High Court has held that activity of supplying audio of back ground sound to film already shot by customers, would amount to manufactu.....

Tags : Jammu & Kashmir High Court, Income Tax Act



SEBI Chairman launches Securities Market Trainers (SMARTs) Program - a new SEBI initiative for enhancing Investor Education activities(25.11.2020)

Shri Ajay Tyagi, Chairman, SEBI launched the Securities Market Trainers (SMARTs) progamme in Mumbai today. The SMARTs programme is a new initiative of.....

Tags : SMARTs Program, Investor Education activities



SC Notice to Centre on Changes in CAT Appointments Brought by Finance Act, 2017(21.08.2017)

Supreme Court has issued notice to Finance Ministry on a petition filed by Central Administrative Tribunal Bar Association challenging the alterations.....

Tags : Supreme Court, Finance Act



Bombay HC: ‘Schools Are Not Commercial Venture’(06.12.2016)

Bombay High Court, while chiding a Navi Mumbai school for refusing to admit poor students in its pre-primary section under Right of Children to Free a.....

Tags : Bombay High Court, Right of Children, RTE Act, Schools



CCI Rejects Anti-competitive Practices Complaints Against DLF(07.12.2016)

Competition Commission of India (CCI) has rejected a complaint of anti-competitive practices against DLF pertaining to 1995-96 period saying competiti.....

Tags : Competition Commission of India, DLF, anti-competitive practices



RBI Eases Authentication Rules for Online Card Transactions(07.12.2016)

Reserve Bank of India (RBI) has removed two-factor authentication for online card transactions involving sums up to Rs2,000 in a move aimed at simplif.....

Tags : Reserve Bank of India, Online Card Transactions



Government Waives Service Tax on Card Transactions of up to Rs 2000(08.12.2016)

Government has exempted card payments up to Rs 2,000 from Service Tax in its efforts to make cashless economy a reality.

Tags : Government, Service Tax , Card Transactions



Pending Companies Act Matters to be Transferred to NCLT(12.12.2016)

MCA has issued a notification stating that pending proceedings under the Companies Act with a few exceptions shall be transferred from the district an.....

Tags : NCLT, Pending Companies Act matters



Bombay HC Constantly Following or Watching Child With Bad Intention Is Offence Under POCSO Act(04.10.2017)

Bombay HC has ruled that if a person with sexual intent repeatedly or constantly follows or watches or contacts a child either directly or through oth.....

Tags : Bombay HC , Protection of Children from Sexual Offences (POCSO) Act



National Marine Turtle Action Plan launched(28.01.2021)

Considering the need to have a conservation paradigm for marine mega fauna and marine turtles, the Ministry of Environment Forest and Climate Change (.....

Tags : Action Plan, Launch



Karnataka HC: CAs, Though Not Public Servants, Can be Prosecuted Under Prevention of Corruption Act(04.10.2017)

Karnataka High Court has held that a Chartered Accountant (CA), though not a public servant can be prosecuted under the provisions of the Prevention o.....

Tags : Karnataka High Court, Prevention of Corruption Act



Bombay HC Quashes FIR Against Shoe Manufacturer for Hurting Religious Sentiments(02.12.2016)

Bombay High Court has quashed an FIR registered against a shoe manufacturer for allegedly hurting religious sentiments of a minority community observi.....

Tags : Bombay High Court, FIR, shoe manufacturer, religious sentiments



ITAT Bangalore: No Penalty If Assessee Admitted Income During Search and Paid Tax(07.11.2017)

Income Tax Appellate Tribunal (ITAT), Bangalore held that penalty under Section 271AAA of the Income Tax Act should not be levied if the assessee admi.....

Tags : Income Tax Appellate Tribunal, Section 271AAA of the Income Tax Act



Delhi HC: Assessment Can’t be Re-Opened Merely by Re-Appreciating the Existing Circumstances(08.11.2017)

Delhi High Court while quashing demand against Airtel has observed that re-assessment under Section 147/148 of the Income Tax Act, 1961 cannot be made.....

Tags : Delhi High Court, Income Tax Act, 1961, Airtel



SC Upholds Denial Of Anticipatory Bail To Army Doctor Who Allegedly Gave Fake Fitness Certificates(09.11.2017)

Supreme Court has upheld the decision of Punjab and Haryana High Court, wherein the latter had refused to grant anticipatory bail to Lieutenant Colone.....

Tags : Supreme Court, Lieutenant Colonel Dr. Gaurav Relhan, Prevention of Corruption Act, 1988



Allahabad High Court Rules that Non-Speculative Business Loss Can be Set off Against Business Income(09.11.2017)

Allahabad HC has ruled that non-speculative business loss can be set off against business income of the assessee under the provisions of the Income Ta.....

Tags : Allahabad HC, Income Tax Act, 1961



Madras High Court: Aadhaar Mandatory for Filing IT Returns(09.11.2017)

Madras HC while rejecting the plea for exemption from quoting Aadhaar number while filing income tax returns has held that the provisions of Section 1.....

Tags : Madras HC, Income Tax Act, aadhaar number, Income Tax Returns



Bombay HC Issues Guidelines for Claims Settlement Under Motor Vehicles Act(22.12.2016)

Bombay High Court has issued several guidelines regarding disposal of claims for accidents under Motor Vehicles Act by Motor Accident Tribunals in Sta.....

Tags : Bombay High Court, claims, accidents, Motor Vehicles Act



Bombay HC Rejects Furlough Plea of Yakub Memon's Sister-in-law Rubina Memon(22.12.2016)

Bombay HC has refused to grant furlough leave to Rubina Memon who has been convicted and sentenced to suffer life imprisonment under Terrorist and Dis.....

Tags : Bombay High Court, Yakub Memon, Terrorist and Disruptive Activities (Prevention) Act, furlough



Delhi HC Orders 50% Salary Arrears Payment to Contractual Employees of DCW(23.12.2016)

Delhi High Court has ordered release of 50% salary arrears of contractual employees of Delhi Commission for Women (DCW), that includes acid attack vic.....

Tags : Delhi High Court, Delhi Commission for Women, contractual employees



Bombay HC Suggests Centre to Allow Cops to Lodge Complaints Under Environment Laws(28.12.2016)

Bombay High Court has directed Union Government to consider allowing police officers to lodge complaints for offences under Environmental Protection A.....

Tags : Bombay HC, Environmental Protection Act,



J&K High Court Quashes Detention of Masarat Alam under Public Safety Act(28.12.2016)

Jammu and Kashmir High Court has quashed detention under Public Safety Act (PSA) of hardline separatist leader Masarat Alam and ordered his release.

Tags : Jammu and Kashmir High Court, Public Safety Act, Masarat Alam



Punjab & Haryana HC Terms Ad Hocism Arrangement in Educational Institutions a Disease(02.01.2017)

Punjab and Haryana High Court, miffed over ad hocism and contractual arrangements in educational institutions across Haryana, has said such appointmen.....

Tags : Punjab & Haryana HC, contractual, educational institutions



Provisions Of PC Act Can’t Be Dropped On Mere Filing Of Status Report, Says Delhi HC(12.12.2017)

Delhi High Court has held that provisions of the Prevention of Corruption Act cannot be dropped on mere filing of the status report by the probe agenc.....

Tags : Delhi High Court, Prevention of Corruption Act



Jodhpur Based Court Acquits Salman Khan of All Charges Under Arms Act in Black Buck Poaching Case(18.01.2017)

A Jodhpur based Court has acquitted Bollywood Actor Salman Khan of all charges in Arms Act case against him in alleged poaching of two black bucks, af.....

Tags : Chief Judicial Magistrate, Jodhpur district, Salman Khan, Arms Act, Black Buck Poaching



Patna HC Rejects MLA’s Plea to Revoke Crime Control Act(19.01.2017)

Patna High Court has rejected independent Mokama MLA Anant Singh's plea for revoking Crime Control Act (CCA) under which he has been incarcerated for .....

Tags : Patna High Court, Crime Control Act



Supreme Court Appointed Panel Calls For Tough Action to Tackle Poor Air Quality in Delhi NCR(23.01.2017)

Supreme Court appointed Environment Pollution (Prevention and Control) Authority (EPCA) has asked officials to immediately enforce Graded Response Act.....

Tags : Supreme Court, Environment Pollution (Prevention and Control) Authority, Graded Response Action



Bombay HC Notices State’s Police For Making Public Station Diary Under RTI Act(23.01.2017)

Bombay High Court has questioned Maharashtra Police’s act of making available details of its station diary to an accused, citing compulsions under Rig.....

Tags : Bombay High Court, Right to Information Act, Station Diary



Supreme Court Agrees to Hear All Pleas Concerning Jallikattu on January 31(27.01.2017)

Supreme Court has said that all applications challenging Tamil Nadu's amendment of Prevention of Cruelty to Animals Act of 1960, allowing the conduct .....

Tags : Supreme Court, Jallikattu, Prevention of Cruelty to Animals Act



Delhi HC: Hindu Marriage Is Sacrament, Not A Contract(30.01.2017)

Delhi HC, while rejecting plea of a woman to be declared as legally wedded wife of a government servant, now deceased, so that she can get a job on co.....

Tags : Delhi HC, Hindu Marriage, Contract



Supreme Court Explains the Ambit of Term “Owner” Under Motor Vehicles Act(07.02.2018)

Supreme Court has held that for the purposes of MV Act, the person whose name is reflected in the records of the registering authority is the owner wi.....

Tags : Supreme Court, Motor Vehicles Act



RBI releases "Statistical Tables Relating to Banks in India: 2019-2020"(29.12.2020)

The Reserve Bank released its web publication entitled 'Statistical Tables Relating to Banks in India: 2019-20' covering the activities of scheduled c.....

Tags : Statistical Tables, Activities, Commercial banks



Introduction of legal entity identifier for large value transactions in centralised payment systems(05.01.2021)

1. The Legal Entity Identifier (LEI) is a 20-digit number used to uniquely identify parties to financial transactions worldwide. It was conceived as a.....

Tags : Introduction, Legal Entity Identifier, Transactions



Kerala HC: Divorced Women Entitled to Initiate Action under DV Act, 2005(23.11.2016)

Kerala High Court has held that a divorced woman is entitled to initiate proceedings against her ex-husband or former in-laws under Protection of Wome.....

Tags : Kerala High Court, divorced woman, Domestic Violence Act



Delhi HC Seeks Centre’s Reply on Jindal’s Plea for Refund of Additional Levy in Coal Auction(23.11.2016)

Delhi High Court has sought Centre's response on a plea filed by Jindal Power Limited for refund of over Rs 1,185 crore, paid by company as an additio.....

Tags : Delhi High Court, Jindal Power, Coal Mines Act



All New Trucks to have Air-Conditioned Cabins from Next Financial Year(23.11.2016)

Government, through an amendment to Motor Vehicle Act, 1988, has made it mandatory for manufacturers and truck body-builders to fit air-conditioners i.....

Tags : New Trucks, Air-Conditioned Cabins, Motor Vehicle Act, 1988



Supreme Court Asks Centre: Will You Allow A Law Like Lok Pal To Be Frustrated?(24.11.2016)

Supreme Court has asked if Modi Government would take rest of its two and-a-half-year term to bring Lok Pal Act into effect.

Tags : Supreme Court, Lok Pal Act



Madras HC: Sales Tax is Leviable on Sale of REP License(17.10.2017)

Madras High Court has upheld the levy of sales tax on sale of REP license under the provisions of the Tamil Nadu General Sales Tax Act.

Tags : Madras High Court, Tamil Nadu General Sales Tax Act, REP license



CCI Finds All-Kerala Chemist & Druggist Association Guilty Of Anti-Competitive Practices(03.11.2017)

Competition Commission of India has held the All Kerala Chemist and Druggist Association (AKCDA) and its district units in Thrissur and Kasaragod to b.....

Tags : Competition Commission of India, Anti-Competitive Practices



CCI Finds All-India Film Employees Confederation, Affiliates Guilty of Anti-Competitive Practices(03.11.2017)

Competition Commission of India has held All-India Film Employees Confederation (AIFEC), Federation of Western India Cine Employees (FWICE) & its affi.....

Tags : Competition Commission of India, Anti-Competitive Practices



Hyderabad High Court : Disciplinary Action Can't be Different in Case of Contract Employees(18.01.2016)

Hyderabad High Court has made it clear that in matter of disciplinary proceedings a differential treatment cannot be meted out to an accused contract .....

Tags : Hyderabad High Court, Contract Employees



SC Asks Centre to Put in Place National Action Plan to Combat Drug Abuse Amongst Children(14.12.2016)

Supreme Court has asked Centre to formulate a National Action Plan to combat drug abuse amongst children.

Tags : Supreme Court, National Action Plan, drug abuse, children



Bombay High Court Rejects Habeas Corpus Plea By Chhagan Bhujbal(14.12.2016)

Bombay High Court has dismissed Habeas Corpus plea filed by Former Maharashtra Deputy Chief Minister Chhagan Bhujbal alleging that his arrest by Enfor.....

Tags : Bombay High Court, Chhagan Bhujbal, Prevention of Money Laundering Act (PMLA)



Supreme Court Slams BJP Spokesperson for Filing Multiple PILs(16.12.2016)

Supreme Court has slammed a BJP Spokesperson for filing multiple Public Interest litigations (PILs), and asked him if "BJP is financing you to do poli.....

Tags : Supreme Court, BJP Spokesperson, political activism



RTI Act Won’t Prevail Over Supreme Court Rules: Delhi HC(22.11.2017)

Delhi High Court, while holding that there is no inconsistency in Supreme Court Rules and RTI Act, has held that access to information under SCR, whic.....

Tags : Delhi High Court, RTI Act



7th Pay Commission: Pay Hike for 3610+ Judges of SC & HCs Approved(29.11.2017)

7th Pay Commission: Pay Hike for 3610+ Judges of SC & HCs Approved

Tags : The decision will directly impact the computation of salaries, gratuity, allowance structure, and pension of the in-service as well as retired judges of Supreme Court as well as High Courts across the country.



Kerala High Court: 'Criminal Accusation' No Grounds of Disqualification For Official Receivers(04.12.2017)

Kerala High Court, while dealing with a challenge made to the appointment of Part Time Official Receivers under the Insolvency Act, 1955, has held tha.....

Tags : Kerala High Court, Insolvency Act, 1955



Exclusion of "DBS Bank Ltd" from the Second Schedule of the Reserve Bank of India Act, 1934(16.04.2019)

Consequent upon setting up of 'DBS Bank India Limited' as a Wholly Owned Subsidiary of 'DBS Bank Ltd', it has been decided to exclude 'DBS Bank Ltd' f.....

Tags : Enactment, Exclusion, DBS Bank



Impact of slowdown in economy on employment(10.03.2021)

The Employment generation coupled with improving employability is the priority of the Government. Government has taken various steps for generating em.....

Tags : Impact, Slowdown, Employment



SC: Private Schools Need Govt.’s Prior Approval to Fire Teachers(18.04.2016)

SC has upheld validity of Section 8(2) of the Delhi School Education Act (DSEA) which requires the managements of the private unaided schools to obtai.....

Tags : SC, Section 8(2) of the Delhi School Education Act (DSEA)



Allahabad High Court Cancels Auction Sale Initiated Under SARFAESI Act As Debtor Was Not Informed(14.02.2017)

Allahabad High Court has quashed proceedings initiated post notice under Section 13(4) of SARFAESI Act, 2002 as said notice was issued without duly in.....

Tags : Allahabad High Court, SARFAESI Act



Gujarat High Court Orders Investigation By ACP in Negligence Case During Cataract Surgeries(15.02.2017)

Gujarat High Court has directed Government to transfer to an ACP-rank officer the probe in a case, where four persons lost their eyesight after underg.....

Tags : Gujarat High Court, Cataract Surgeries



Gujarat High Court Rejects Plea to Quash OSA Charges For Filming RIL Installation(16.02.2017)

Gujarat High Court has refused to quash charges under Official Secret Act (OSA) against son of Former Minister, for recording and publishing on intern.....

Tags : Gujarat High Court, Reliance Industries Limited, Official Secret Act



President Assents Law to Pay Wages Via Cheque, E-Transfer(20.02.2017)

President Pranab Mukherjee has given assent to Payment of Wages (Amendment) Act, 2017 which enables employers to pay wages to workers through cheque o.....

Tags : Payment of Wages (Amendment) Act, 2017



Secured Creditor Should Mandatorily Consider Debtor’s Representation SARFAESI Act: Supreme Court(21.03.2018)

Supreme Court has held that while recovering secured property from Non-Performing Assets (NPAs), a secured creditor should mandatorily consider the de.....

Tags : Supreme Court, SARFAESI Act



Finance Bill, 2016 Receives Presidential Assent(16.05.2016)

The Finance Bill, 2016 has been enacted as The Finance Act No. 28 of 2016, by receiving Presidential assent as on 14 May 2016.

Tags : The Finance Act No. 28 of 2016



Bombay High Court Scraps 97 of 99 Allotments Under Urban Land Ceiling Norms(16.03.2017)

Bombay High Court has scrapped 97 of 99 allotments made between 1990 and 2007 of land declared surplus under Urban Land Ceiling Act (ULCA) in Nagpur.

Tags : Bombay High Court, Urban Land Ceiling Act



Delhi High Court: 2001 Amendment to NDPS Act Adopts Reformative Approach For Drug Addicts(16.03.2017)

Delhi High Court has observed that 2001 amendment to Narcotic Drugs & Psychotropic Substances Act, 1985, has adopted a reformative approach towards ad.....

Tags : Delhi High Court, NDPS Act, 2001 Amendment



Supreme Court Junks Plea Seeking to Stop Use of Helmets for Motorbike(22.03.2017)

Supreme Court has dismissed a PIL seeking directions to Government to stop use of helmets for motorcycle riders under Motor Vehicles Act.

Tags : Supreme Court, helmets, Motor Vehicles Act



Punjab and Haryana High Court Notices State Over Plea Against Cow Protection Act(24.03.2017)

Punjab and Haryana High Court has issued a notice to Haryana Government on a plea challenging decision of Manohar Lal Khattar-led BJP Government banni.....

Tags : Punjab and Haryana High Court, Cow Protection Act



LCI 266th Report: Panel Moots For Banning Strikes by Lawyers, Calls For Amending Advocates Act(27.03.2017)

Law Commission of India (LCI) in its 266th Report has recommended to Centre to amend law to ban strikes by lawyers which had reached "terrifying propo.....

Tags : Law Commission of India, Advocates Act



Supreme Court: Plaintiff Can’t Seek Specific Performance & Injunction in One Suit(17.04.2018)

Supreme Court has held that a plaintiff could not claim the relief of specific performance of agreement along with the relief of a permanent injunctio.....

Tags : Supreme Court, Contract



LCI 274th Report: Not Necessary to Make Any Amendment to Contempt of Court Act(19.04.2018)

Law Commission of India has submitted the 274th report titled “Review Of Contempt Of Court Act 1971 (Limited To S.2 Of The Act)” to the Ministry of La.....

Tags : Law Commission of India, Contempt of Court Act



Bombay HC Orders Cut in Water Supply to Liquor Factories(26.04.2016)

Bombay HC has ordered upto 60% cut in water supply to liquor factories, 50% water cut till May 10 and 60% water cut post May 10.

Tags : Bombay HC, Liquor Factories



Hyderabad HC Directs Govt. to Come Up with New BRS(26.04.2016)

Hyderabad HC has directed Telangana Government to come up with a new Building Regularisation Scheme (BRS) in view of the legislative amendment brought.....

Tags : Hyderabad HC , GHMC Act, BRS



Gadchiroli Court Awards Life Term to DU Professor, Four Others For Aiding & Abetting Naxal Activities(08.03.2017)

A District Court in Gadchiroli has sentenced wheelchair-bound Delhi University professor G N Saibaba and four others to life imprisonment under variou.....

Tags : Gadchiroli Court, DU Professor, Naxal Activities



SC: A Trust Cannot Be a Complainant Before Consumer Forum(09.03.2017)

Supreme Court has observed that a Trust cannot file a consumer dispute under provisions of Consumer Protection Act.

Tags : Supreme Court, Consumer Protection Act



Supreme Court: PF Authorities Have No Authority Over Exempted Authorities(14.03.2017)

SC has held that once an establishment is covered under any one of excepted category under Section 16 of Employees’ Provident Funds and Miscellaneous .....

Tags : Supreme Court, Employees’ Provident Funds and Miscellaneous Provisions Act



Bombay HC Says State Free To Act Against Schools Violating Fee Regulation Act(07.03.2018)

Bombay High Court has said provisions of the Maharashtra Educational Institute (Regulation of Fees) Act, 2011 were applicable to all schools and the e.....

Tags : Bombay High Court, Fee Regulation Act



Compensation in Accident Cases a Right, Not Dole: Supreme Court(08.03.2018)

Supreme Court has ruled that award of compensation is an entitlement under law which must be commensurate with the pain and suffering of those injured.....

Tags : Supreme Court, Motor Vehicles Act



Reporting and accounting of Central Government transactions of March 2021(18.03.2021)

1. Please refer to Circular DGBA.GBD.No.1744/42.01.029/2019-20 dated March 17, 2020 advising the procedure to be followed for reporting and accounting.....

Tags : Reporting, Accounting, Transactions



Government Schemes for MSMEs and NBFCs creating significant impact - Sanctions under Emergency Credit Line Guarantee Scheme (ECLGS) cross Rs. 79,000 crore(23.06.2020)

The interventions by Government for MSMEs, have been gaining rapid traction. Under the Emergency Credit Line backed by a Government guarantee, Banks f.....

Tags : Government Schemes, MSMEs, NBFCs, Significant impact



Bilateral Netting of Qualified Financial Contracts- Amendments to Prudential Guidelines(30.03.2021)

1. The Bilateral Netting of Qualified Financial Contracts Act, 2020 (hereafter referred to as "the Act"), has been notified by the Government of India.....

Tags : Bilateral Netting, Financial Contracts, Amendments



Supreme Court: Companies Cannot Claim 'Premium' Received on Shares as 'Deduction'(29.03.2017)

Supreme Court has held that premium collected by companies on its subscribed share capital does not come within the ambit of “capital employed in busi.....

Tags : Supreme Court,Income Tax Act, Company



Supreme Court Declines Urgent Hearing of Plea on SC/ST Act Ruling(02.04.2018)

Supreme Court has declined to hear an urgent plea on the ruling to do with the SC/ST (Prevention of Atrocities) Act.

Tags : Supreme Court, SC/ST Act



Supreme Court Seeks Centre’s Reply on Plea Seeking Implementation of AP Reorganisation Act(03.04.2018)

Supreme Court has sought the Centre’s response on a PIL seeking direction to the government for proper implementation of the Andhra Pradesh Reorganisa.....

Tags : Supreme Court, AP Reorganisation Act



Kerala HC Moots for Unified Legislation for Medical Practitioners in State(04.04.2018)

Kerala High Court has observed that the state government has been alarmingly lethargic in taking steps for a unified legislation for medical practitio.....

Tags : Kerala High Court, Medical Practitioners



Evidence Needed for Conviction Under SC/ST Act: Hyderabad High Court(09.04.2018)

Hyderabad High Court has observed that Courts will not punish those who are accused u/s 3(1)(x) of SC/ST Act, 1989 in absence of any evidence of alleg.....

Tags : Hyderabad High Court, SC/ST Act



Identity of Victim Under POCSO Act Must Not Be Disclosed During Probe: Sikkim HC(09.04.2018)

Sikkim High Court has observed that the Special Court under POCSO Act is also vested with the responsibility of ensuring that identity of the victim-c.....

Tags : Sikkim High Court, POCSO Act



Delhi High Court Asks AAP Govt, Police, MCD to Inspect Illegal Shoe Factory at Sultanpuri(12.04.2018)

Delhi High Court has asked the Delhi government, police and municipal corporation to inspect the premises of an illegal shoe factory, located in a res.....

Tags : Delhi High Court, Shoe Factory, Fire



Plan of action by the Government to stabilise GDP(16.03.2021)

Fiscal Deficit for the Financial Year 2021-22 is estimated at 6.8 per cent in BE 2021-22. This was stated by Shri Anurag Singh Thakur, Union Minister .....

Tags : Action plan, GDP



Annual Closing of Government Accounts - Transactions of Central / State Governments - Special Measures for the current financial year (2020-2021)(25.03.2021)

1. All government transactions done by agency banks for Financial Year 2020-21 must be accounted for within the same financial year. Accordingly, the .....

Tags : Annual Closing, Government Accounts, Transactions



SC Upholds State’s Power to Attach Properties of ‘Defaulting’ Financial Establishments(17.05.2017)

Supreme Court has upheld State's power to issue ad interim order u/s 3 of Tamil Nadu Protection of Interests of Depositors Act, 1997, attaching immova.....

Tags : Supreme Court, Tamil Nadu Protection of Interests of Depositors Act, 1997



Rajasthan HC: 2015 Amendments to Sec. 30 of Rajasthan Co-Operative Societies Act Unconstitutional(18.05.2017)

Rajasthan High Court has held that 2015 amendment to Section 30 of Rajasthan Co-operative Societies Act is ultra vires to Article 243-Z, 243-ZK and 24.....

Tags : Rajasthan High Court, Rajasthan Co-Operative Societies Act



Bombay High Court Junks Plea Challenging Vires of Contempt of Courts Act(18.05.2017)

Bombay High Court has dismissed a petition challenging constitutional validity of Contempt of Courts Act, 1971, filed by Advocate Satish Uke who in Fe.....

Tags : Bombay High Court, Contempt of Courts Act



Calcutta HC: Larger Bench to Decide Upon Power to Settle Dispute Between Consumer, Tele Company(18.05.2017)

Calcutta High Court has directed the formation of a larger Bench to decide whether a dispute between a consumer and a private basic or cellular teleph.....

Tags : Calcutta High Court, Indian Telegraph Act



Kerala High Court: Wife Paying Maintenance to Able Bodied Husband Would Promote “Idleness”(22.05.2017)

Kerala High Court has quashed a husband’s claim for maintenance, observing that maintenance under Section 24 of Hindu Marriage Act is to be paid to hu.....

Tags : Kerala High Court, Maintenance, Hindu Marriage Act



Simply Filing False Complaint Not Punishable Under SC/ST Act: Kerala High Court(09.07.2018)

Kerala High Court has held that simply filing a false complaint against a member of Scheduled Caste, before any authority, is not punishable under Sch.....

Tags : Kerala High Court, SC/ST Act



No limitation period for reporting of the offences under the POCSO Act, 2012.(16.10.2018)

The Ministry of Women and Child Development had recently consulted Ministry of Law in view of the overriding provisions of the Protection of Children .....

Tags : Limitation period, Report, POCSO Act



Government seeks comments/suggestions on proposed amendments in Consumer Protection Act by 6th July 2021(21.06.2021)

New business processes like E-commerce and other market developments have transformed the way Consumers make transactions these days. GOI has been hol.....

Tags : Suggestions, Proposed amendments, Act



Supreme Court Mandates Prior Sanction to Prosecute Officers Under SC/ST Act(21.03.2018)

Supreme Court has introduced safeguards to prevent misuse of the SC/ST (Prevention of Atrocities) Act, 1989 against officers who deal with the complai.....

Tags : Supreme Court, SC/ST Act



Delhi High Court: Nikah After Marriage Under Special Marriage Act, Divorce Petition Maintainable(26.03.2018)

Delhi High Court has held that Family Court can entertain and try a petition for dissolution of marriage under the Special Marriage Act, if the partie.....

Tags : Delhi High Court, Special Marriage Act



Delhi High Court: Payment to Contractors Shouldn’t Be Delayed for Non-Availability of Funds(27.03.2018)

Delhi High Court has laid down guidelines for adherence by Contractors as well as authorities while making payments to such Contractors, noting that t.....

Tags : Delhi High Court, Contractors



Delhi HC Issues Guidelines for Municipal Corporations and Contractors(30.03.2018)

Delhi High Court has laid down certain guidelines, to be followed by contractors and Municipal Corporations, to ensure that works are duly carried out.....

Tags : Delhi High Court, Municipal Corporations and Contractors



Govt Notifies Finance Act 2018(31.03.2018)

Ministry of Finance has notified the Finance Act, 2018 applicable with effect from 1st April 2018.

Tags : Budget 2018, Finance Act



Madras High Court Upholds Closure Decision of Tiruvottriyur Ice Factory(31.03.2018)

Madras High Court has upheld orders of the State government and the Pollution Control Board directing an ice factory, which was in existence for about.....

Tags : Madras High Court, Ice Factory



SC/ST Act Not Abused in Every Case, Says Bombay High Court(31.03.2018)

Bombay High Court has held while hearing a criminal appeal that it cannot proceed on the footing that the Scheduled Castes and the Scheduled Tribes (P.....

Tags : Bombay High Court, SC/ST Act



Centre Issues Clarifications Regarding Maternity Benefit (Amendment) Act, 2017(14.04.2017)

Ministry of Labour and Employment, while releasing a set of clarifications w.r.t. Maternity Act'17, has said that Act is applicable to contractual or .....

Tags : Ministry of Labour and Employment, Maternity Benefit (Amendment) Act, 2017



Supreme Court Upholds Constitutional Vires of Section 35F of Central Excise Act(17.04.2017)

Supreme Court has dismissed a Special Leave Petition (SLP) challenging constitutional validity of Section 35F of the Central Excise Act, 1944.

Tags : Supreme Court, Central Excise Act, 1944



U’khand HC Tells Govt to Amend IPC, Frame Rules Under State Police Act 2007(15.05.2018)

Uttarakhand High Court has passed a string of directions, including payment of reasonable travel allowance on date of recording of statement, adequate.....

Tags : Uttarakhand High Court, State Police Act 2007



Can’t Arrest Anyone Without Following Just Procedure: Supreme Court(17.05.2018)

Supreme Court, while digging in its heels on its March 20 ruling in which it had barred immediate arrests in cases registered under the SC/ST Preventi.....

Tags : Supreme Court, SC/ST Act



Supreme Court: Under Excise Act Measure of Levy Won’t be Controlled by Its Nature(23.05.2018)

Supreme Court has held that the measure of levy contemplated in Section 4 of the Central Excise Act, 1944 will not be controlled by the nature of the .....

Tags : Supreme Court, Excise Act



Tamil Nadu Pollution Control Board Pulls Plug on Sterlite Plant(25.05.2018)

Tamil Nadu Pollution Control Board has ordered the closure of the Vedanta-Sterlite copper factory in Thoothukudi.

Tags : Tamil Nadu Pollution Control Board, Vedanta-Sterlite copper factory, Thoothukudi



Parties Summoned By CCI DG Have Right To Be Accompanied By Advocates: Delhi High Court(28.05.2018)

Delhi High Court has upheld the right of parties summoned by Director-General (DG) for investigation under the Competition Act to be accompanied by ad.....

Tags : Delhi High Court, Competition Act



Government: RERA Applies to All Incomplete Projects(11.07.2017)

Government has made it clear that developers can claim exemption from Real Estate (Regulation and Development) Act only if work on their apartment or .....

Tags : Real Estate (Regulation and Development) Act



Karnataka Notifies RERA, Builders to Disclose Size of Apartment Based on Carpet Area(11.07.2017)

Karnataka government has notified Real Estate Regulatory (Regulation and Development) Act making it mandatory for all the builders to register with th.....

Tags : Real Estate (Regulation and Development) Act



Gujarat HC Pulls Up Tribal Land Owners And Lawyer For Misusing Atrocities Act(14.07.2017)

Gujarat High Court pulled up tribal land owners and a lawyer for blackmailing and extorting money from builders by utilizing the “powerful potent weap.....

Tags : Gujarat High Court, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989



MP HC: Govt Rates Not Applicable on Rates Agreed in a Contract(14.07.2017)

Madhya Pradesh High Court has held that data entry charges fixed by the Union government were not applicable on a contract signed by a private firm wi.....

Tags : Madhya Pradesh High Court, Contract



Delhi High Court Seeks Timeline on Implementing Provisions of Food Security Act(20.08.2018)

Delhi High Court has directed Delhi government to submit a timeline for complying with the court's last year direction to examine the model rules sugg.....

Tags : Delhi High Court, Food Security Act



Bombay HC to ASG: Find Out Exact Rate at Which Securities Transaction Tax Should be Collected(24.08.2018)

Bombay High Court has told the Additional Solicitor General (ASG) to take instructions from the Central Board of Direct Tax by August 28 on the exact .....

Tags : Bombay High Court, Additional Solicitor General, Central Board of Direct Tax, Securities Transaction Tax



Impact of Trade Agreements(01.01.2019)

Some industry associations including those relating to steel have expressed concerns on imports under bilateral free trade agreements with Japan, Kore.....

Tags : Trade Agreements, Impact, Exports, Imports



Calendar spread margin benefit in commodity futures contracts(09.08.2021)

1. SEBI had prescribed norms, inter-alia, for providing margin benefit on calendar spread positions in commodity futures contracts vide circular SEBI/.....

Tags : Benefit, Futures contracts



De-Activation of IECs not updated on the DGFT(20.09.2021)

1. This Trade Notice is being issued in reference to the Notification No. 58/2015-2020 dated 12.02.2021, 11/2015-2020 dated 01.07.2021 and 16/2015-202.....

Tags : De-Activation of IEC



Enhancement to tokenisation of card transactions(07.09.2021)

The Reserve Bank of India (RBI) has today announced the following enhancements to the extant framework on card tokenisation services:

a. t.....

Tags : Enhancement, Tokenisation, Card transactions



Madras HC Restrains Transport Dept. from Allowing LPG Auto Permit Holders to Purchase Diesel Auto(20.07.2017)

Madras High Court has restrained the Transport Department from invoking the powers conferred on it under Section 83 of Motor Vehicles Act, 1988 and th.....

Tags : Madras High Court, Motor Vehicles Act, 1988



Bombay HC: No Provision for Delay Condonation in Filing Rectification Application Under Customs Act(24.07.2017)

Bombay High Court has observed that there is no provision for condonation of delay in filing rectification application under the Customs Act.

Tags : Bombay High Court, Customs Act



Bombay HC: HC Cannot Entertain an Appeal wherein ‘Rate of Duty’ or ‘Value of Goods’ is Disputed(24.07.2017)

Bombay High Court has observed that in view of Section 35G of Central Excise Act, 1944, High Court has no jurisdiction to entertain appeals wherein th.....

Tags : Bombay High Court, Excise Act



Bombay HC: Tenant Occupying Premises Before Enactment of Public Premises Act to be Ruled by State Act(26.07.2017)

Bombay High Court has observed that such persons who are in occupation prior to premises belonging to or taken on lease by government companies and co.....

Tags : Bombay High Court, State Rent Control Act



Bombay HC: Tenant Occupying Premises Before Enactment of Public Premises Act to be Ruled by State Act(26.07.2017)

Bombay High Court has observed that such persons who are in occupation prior to premises belonging to or taken on lease by government companies and co.....

Tags : Bombay High Court, State Rent Control Act



Supreme Court Asks Maharashtra Police to Present ‘Best Evidence’ Against Arrested Activists(20.09.2018)

SC has demanded that Maharashtra police present their “best evidence” against five arrested activists who have moved court against their “random” arre.....

Tags : Madras High Court, Activists, Maharashtra Police



Karnataka HC Orders Status Quo Regarding Kannada Actor Darshan’s House(26.10.2016)

Karnataka High Court has ordered status quo with regards to proceedings initiated by the District Administration in relation to Kannada actor Darshan .....

Tags : Karnataka HC, Kannada Actor, Darshan Toogudeep,



Delhi High Court Lacks Original Jurisdiction to Try Matters Under Family Courts Act(28.08.2017)

Delhi High Court has clarified that it lacked the original civil jurisdiction to try matters falling under Section 7 of Family Courts Act.

Tags : Delhi High Court, Family Courts Act



Supreme Court: Offence u/s 138 of NI Act is Person Specific(31.08.2017)

Supreme Court has said that the offence u/s 138 of Negotiable Instruments Act is person specific. It was also clarified that the general concept under.....

Tags : Supreme Court, Negotiable Instruments Act



Govt Increases Wage Ceiling Under Payment of Wages Act From 18,000 To 24,000(31.08.2017)

Ministry of Labour and Employment has specified Rupees Twenty Four Thousand per month as the wages under sub-section (6) of section 1 of the Payment o.....

Tags : Payment of Wages Act



Supreme Court: Employees Personal Info Exempt from Disclosure Under RTI Act(04.09.2017)

Supreme Court has held that service details of employees fall within the ambit of ‘personal information’ u/s 8(1)(j) of Right to Information Act, and .....

Tags : Supreme Court, Right to Information Act



Calcutta HC: Secured Creditor Cannot Invoke S. 14 of SARFAESI Act After Sale of Secured Asset(04.09.2017)

Calcutta High Court has ruled that a secured creditor cannot maintain an application u/s 14 of Securitization and Reconstruction of Financial Assets a.....

Tags : Calcutta High Court, SARFAESI Act



SC Upholds Constitutional Validity of Goods and Services Tax (Compensation To States) Act, 2017(04.10.2018)

Supreme Court has upheld the Constitutional validity of Goods And Services Tax (Compensation To States) Act, 2017, as well as the Goods and Services T.....

Tags : Supreme Court, Goods and Services Tax (Compensation To States) Act, 2017



ITAT: Rent From Hoardings Received by Co-operative Housing Society Taxable as ‘House Property Income’(04.10.2017)

In an important ruling, Ahmadabad bench of ITAT has held that the rent received by a Co-operative housing society by letting out space for hoardings a.....

Tags : ITAT, Income from House Property, Income Tax Act, 1961



ITAT: Penalty not to be Imposed When Legal Heir Revises Return, Voluntarily Offers Income to Tax(04.10.2017)

ITAT, Mumbai while quashing penalty proceedings against the legal heir of assessee where he revised the return and voluntarily offered the additional .....

Tags : ITAT Mumbai, Section 271(1)(c) of IT Act, 1961



Gujarat HC Upholds Vires of Provision Denying Deduction for Payments to Eligible Project or Scheme(04.10.2017)

Gujarat HC has upheld vires of Sub-section 7 of Section 35AC of Income Tax Act according to which benefit of deduction under Section 35AC of Act is no.....

Tags : Gujarat HC, Section 35AC of Income Tax Act



Karnataka High Court: 'Contract Workers Need Not Be Regularised'(09.10.2017)

Karnataka High Court has said that contractual workers do not have a right to seek regularisation or absorption.

Tags : Karnataka High Court, Contract Workers



Supreme Court: Charge Sheets Filed In Any State Amounts to ‘Continuing Unlawful Activity’(10.10.2017)

Supreme Court has held that the words ‘competent court’ in S. 2(d) of MCOCA [Maharashtra Control of Organized Crime Act] is not restricted to courts i.....

Tags : Supreme Court, Maharashtra Control of Organized Crime Act



SC Dismisses PIL Seeking Action Against Politicians for Damages in Protests Against SC/ST Verdict(24.10.2018)

Supreme Court has dismissed a PIL seeking a direction that the politicians, who were allegedly behind the massive unrest across the country because of.....

Tags : Supreme Court, SC/ST Act



Directions under Section 35 A read with Section 56 of the Banking Regulation Act, 1949 to Millath Co-operative Bank Limited(08.11.2021)

1. The Reserve Bank of India issued All Inclusive Directions to Millath Co-operative Bank Limited, Davangere, Karnataka under Section 35 A read with S.....

Tags : Directions, Banking Regulation Act



Financial Action Task Force High risk and other monitored jurisdictions(16.11.2021)

The Financial Action Task Force (FATF), vide public document 'High-Risk Jurisdictions subject to a Call for Action' dated October 21, 2021, has called.....

Tags : Financial Action, Task Force, Jurisdictions



Delhi HC: Maintenance Under DV Act Cannot Be Denied Solely Because Grievance Arose in Second Marriage(21.08.2017)

Delhi High Court has set aside a lower Court order, which had denied maintenance to the wife under Protection of Women from Domestic Violence Act, 200.....

Tags : Delhi High Court, Protection of Women from Domestic Violence Act



Calcutta High Court: All Proceedings Under Companies Act 1956 Stands Transferred To NCLT(10.09.2018)

Calcutta High Court has held that HC has lost jurisdiction from 15th December 2016 to entertain all proceedings under Companies Act, 1956 and the same.....

Tags : Calcutta High Court, NCLT, Companies Act, 1956



Transaction Can’t Be Treated As Bogus Merely Based On Report Of Investigation Wing: ITAT(13.09.2018)

Jaipur bench of ITAT has held that a transaction cannot be treated as bogus only on the basis of the report of Investigation Wing.

Tags : NCLT, Bogus Transactions



No Routine Arrest Under SC/ST Act If Sentence In Other Sections Is Less Than 7 Years: Allahabad HC(13.09.2018)

Allahabad HC has observed that the police would not make any routine arrest in matters related to the Act where offences under associated sections wer.....

Tags : Allahabad High Court, SC/ST Act



Mere Ownership of Vehicle in Which Prohibited Ammunitions Are Found Won’t Attract Conviction: SC(17.09.2018)

Supreme Court has observed that it is necessary to prove that the accused was in conscious possession at some point in time before the discovery and r.....

Tags : Supreme Court, Arms Act



Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)

Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....

Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act



Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)

Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....

Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act



Government of India makes Amendments in Small Savings Act(13.02.2018)

The Government gives highest priority to the interest of small savers, especially savings for the benefit of girl child, the senior citizens and the r.....

Tags : Amendments, Enactment, Small Savings



Activation of ANF 3D under the E-com module for applying for MEIS for courier/postal shipments under Para 3.05 of the FTP and Para 3.02 of the HBP(06.02.2019)

This Directorate has notified the form ANF 3D, vide Public Notice 01/2015-20 dated 01.04.2015 as the application Form for Export of goods through cour.....

Tags : Activation, ANF 3D, Courier/postal shipments



Exemption of manufacturing unit engaged in the manufacture or production of Petroleum Crude from the operation of Central Excise Rules, 2017(10.11.2021)

In exercise of the powers conferred by sub-rule (2) of rule 9 of the Central Excise Rules, 2017, the Central Board of Indirect Taxes and Customs hereb.....

Tags : Exemption, Manufacturing, Excise Rules, 2017



Supreme Court Rejects Plea Alleging Dilution of Whistleblower Law(16.01.2017)

Supreme Court has refused to examine a petition alleging dilution in Whistleblower Protection Act and seeking interim measures to protect whistleblowe.....

Tags : Supreme Court, Whistleblower Protection Act



Delhi HC Refuses to Quash FIR Against French Tourist Over Bullets in Bag(16.01.2017)

Delhi High Court has refused to quash FIR under Arms Act against of a French tourist going to Goa via Delhi and Mumbai, after three live cartridges we.....

Tags : Delhi High Court, French tourist, live cartridges, Arms Act



President Gives Assent to Law to Protect Unauthorised Colonies, Slums in Delhi(02.01.2018)

The President of India has given assent to National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act which intends to prote.....

Tags : National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act



Denial of Information For Lack of Aadhaar is a Serious Breach of RTI Act: CIC(03.01.2018)

Central Information Commission has held that denial of information for lack of Aadhaar card will be a serious breach of right, which was guaranteed by.....

Tags : Central Information Commission, RTI Act



President Gives Assent to Companies (Amendment) Act, 2017(04.01.2018)

President of India has given assent to Companies (Amendment) Act, 2017 which seeks to strengthen corporate governance standards, initiate strict actio.....

Tags : Companies (Amendment) Act, 2017



Govt. Notifies Companies (Amendment) Act, 2017(05.01.2018)

Central Government has notified Companies (Amendment) Act, 2017 which aims at strengthening corporate governance standards by providing for strict act.....

Tags : Companies Amendment Act



Concealing Earlier Marriage and Entering into Contract of Marriage Amounts to Fraud: Kerala HC(20.11.2018)

Kerala High Court has observed that concealment of a vital fact about earlier marriage while entering into a contract of marriage by itself amounts to.....

Tags : Kerala High Court, Concealment of marriage, contract of marriage



Budget: Incentives for Start-Ups, Tax-Neutral Treatment for LLPs, Low Corporate Tax for Manufactures(01.03.2016)

For start-ups, 100 % deduction of profits for 3 out of 5 years will be allowed for units set up over April 2016-March 2019. But, MAT will apply. Tax-n.....

Tags : Budget, start-ups, LLPs, new manufacturers



NGT Notices 13 Cement Manufacturers(02.03.2016)

National Green Tribunal (NGT) has issued notices to 13 cement manufacturers on a petition that said they were violating the tribunal’s earlier order o.....

Tags : National Green Tribunal , Cement Manufacturers



SC Refuses to State TN’s Jallikattu Law, Seeks State’s Reply Over Its Validity(01.02.2017)

Supreme Court, while refusing to stay Tamil Nadu Government's law permitting Jallikattu, has agreed to hear a plea against it.

Tags : Supreme Court, Jallikattu, Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act



Jallikattu Law Gets President’s Assent(01.02.2017)

President Pranab Mukherjee has given his assent to Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017, that allows conduct of Jallikatt.....

Tags : Jallikattu, Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act



Bombay HC Denies Bail to Chintan Upadhyay in Double Murder Case(03.02.2017)

Bombay High Court, while rejecting bail to Chintan Upadhyay in case of double murder of his artist wife Hema Upadhyay and her lawyer Haresh Bhambani, .....

Tags : Bombay High Court, Chintan Upadhyay , contract killing



Supreme Court: Properly Implement 'Rights of Persons with Disabilities Act' Within 3 Months(29.01.2018)

Supreme Court has granted three months’ time to all States and Union Territories to implement the Rights of Persons with Disabilities Act 2016, the am.....

Tags : Supreme Court, Disabilities Act



Supreme Court Bans Transportation of Extracted Coal Lying at Various Sites in Meghalaya(16.01.2019)

Supreme Court has banned the transportation of extracted coal lying at various sites in Meghalaya which has had no success in rescuing 15 miners trapp.....

Tags : Supreme Court, Extracted coals in Meghalaya



Bombay HC Refuses to Withdraw Restraint on Cutting Off Trees For Metro 3(13.02.2017)

Bombay High Court has said that it would not withdraw restraint on cutting off trees for metro-3 line unless authorities convince bench that they have.....

Tags : Bombay High Court, metro-3, Preservation of Trees Act



Bombay HC Rejects Plea Challenging RTE Norms Prescribing Reservation For EWS(13.02.2017)

Bombay High Court has dismissed a petition challenging Right To Education Act provision that stipulates 25% of seats in schools be allotted to student.....

Tags : Bombay High Court, Right To Education Act



Four Central Legislation Receives Presidential Assent(09.01.2018)

Indian Forest (Amendment) Act, 2017; Repealing and Amending (Second) Act, 2017; Indian Institute of Petroleum and Energy Act, 2017 & Repealing and Ame.....

Tags : Central Acts



Acquittal In Criminal Case Insufficient To Infer A Person Possesses Good Character: MP High Court(17.01.2018)

Madhya Pradesh High Court has held that the decision of criminal court on the basis of compromise or an acquittal cannot be treated that a person poss.....

Tags : Madhya Pradesh High Court, Character



Teachers can't Claim Gratuity Under Payment of Gratuity Act: SC(08.01.2019)

Supreme Court has observed that a teacher, irrespective of the type of educational institute he/she is working in, is not an 'employee' under Section .....

Tags : Supreme Court, Gratuity Act,. Teachers



Calcutta HC Upholds Amendment to Kolkata Municipal Corporation Act(10.01.2019)

Calcutta High Court has upheld the validity of amendment to Kolkata Municipal Corporation Act, 1980, permitting elected councillors of corporation to .....

Tags : Calcutta High Court, Kolkata Municipal Corporation Act



Transaction in Corporate Bonds through Request for Quote platform by Portfolio Management Services(09.12.2021)

1. In order to enhance transparency pertaining to debt investments by Portfolio Management Services (PMS) in Corporate Bonds (CBs) and to increase liq.....

Tags : Transaction, Corporate Bonds, Management Services



Customer due diligence for transactions in virtual currencies(31.05.2021)

1. It has come to our attention through media reports that certain banks/ regulated entities have cautioned their customers against dealing in virtual.....

Tags : Customer, due diligence, Transactions



Enforcement Date of Airports Economic Regulatory Authority of India (Amendment) Act, 2021(19.04.2022)

In exercise of the powers conferred by Sub-section (2) of Section 1 of the Airports Economic Regulatory Authority of India (Amendment) Act, 2021 (28 o.....

Tags : Enforcement of Act



Central Government notifies 'SEEPZ Special Economic Zone Authority' as an Authority constituted under the Special Economic Zone Act, 2005(20.04.2022)

In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies for .....

Tags : Special Economic Zone, Income Tax Act



Bombay High Court: Stepson Can’t Inherit Property Under Hindu Succession Act(08.02.2018)

Bombay High Court, while dismissing a plea by a stepson claiming a stake in his father’s property, has said that the definition of ‘son’ in the Hindu .....

Tags : Bombay High Court, Hindu Succession Act



Supreme Court: Statutory Prescribed Limitation Period for Filing Appeal Cannot be Extended(08.02.2018)

Supreme Court has held that the limitation period for filing an appeal under provisions of the Companies Act, 2013 cannot be extended beyond what is p.....

Tags : Supreme Court, Companies Act



No Application Can Be Filed Against Taking ‘Symbolic Possession’ Before DRT: Allahabad HC(15.02.2018)

Allahabad High Court has held that taking “symbolic possession” or issuance of possession notice, meeting with any resistance, cannot be treated as “m.....

Tags : Allahabad High Court, SARFAESI Act



Supreme Court Issues Notice on Challenge to Haryana Backward Classes Act, 2016(19.02.2018)

Supreme Court has issued notice on the prayer for interim relief, returnable in four weeks, against the Punjab and Haryana High Court’s order, refusin.....

Tags : Supreme Court, Haryana Backward Classes Act



SC Refuses to Stay Amendments Made to SC/ST Act(25.01.2019)

Supreme Court has refused to stay the amendments made to SC/ST (Prevention of Atrocities) Act which restored the no anticipatory bail provision for th.....

Tags : Supreme Court, SC/ST (Prevention of Atrocities) Act



Mother has No Right to Sell Minor's Property: Bombay High Court(25.01.2019)

Bombay High Court has ruled that when father of the minor is alive mother is a de facto guardian and she cannot sell minor's property.

Tags : Bombay High Court, High Court has ruled that a mother cannot alienate/sell property of a minor, when the father of the minor is alive she is a de facto guardian and cannot sell the minor's property.



Teachers Shouldn't be Deployed for Non-Educational Purposes Outside Purview of RTE Act: Delhi HC(28.01.2019)

Delhi High Court has ruled that while civic authorities can take assistance from its teachers for non-academic work such as the opening of bank accoun.....

Tags : Delhi High Court, Non-Educational Purposes Outside Purview of RTE Act



Alignment of Appendix 4R with the Finance Act, 2022 with effect from 01.05.2022(01.06.2022)

In exercise of the powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with Para 1.02 of the Foreign Trade .....

Tags : Alignment, Appendix 4R, Finance Act, 2022



Launching of self-deactivation facility over IIB' s ENVOY portal(06.06.2022)

1. ENVOY portal, maintained by Insurance Information Bureau (IIB) is the central database for various categories of insurance sales persons working fo.....

Tags : Launching of, self-deactivation facility, ENVOY portal



Supreme Court Seeks Data from HCs on Pending Sexual Assault Cases Against Minors(13.03.2018)

Supreme Court has directed the Registrar Generals of the High Courts across the country to collect and collate data regarding the pendency of cases of.....

Tags : Supreme Court, POCSO Act



Supreme Court Says Foreign Law Firms Can’t Practice in India(13.03.2018)

Supreme Court has held that foreign law firms cannot practice in the country, but allowed foreign lawyers to visit India on a “fly in and fly out” bas.....

Tags : Supreme Court, Law Practice



Supreme Court Says Foreign Law Firms Can’t Practice in India(13.03.2018)

Supreme Court has held that foreign law firms cannot practice in the country, but allowed foreign lawyers to visit India on a “fly in and fly out” bas.....

Tags : Supreme Court, Law Practice



SC Stays Delhi HC Judgment in Indian Radiological & Imaging Association Case(16.03.2018)

Supreme Court has stayed a Delhi HC judgment that held that there are no provisions in Pre-conception & Pre-Natal Diagnostic Techniques Act, empowerin.....

Tags : Delhi High Court , Pre-conception & Pre-Natal Diagnostic Techniques Act



Once Manufacturing Starts, Factories Act Would Apply: Chhattisgarh High Court(19.03.2018)

Chhattisgarh High Court has held that the moment manufacturing process begins in an industry, the provisions of the Factories Act, 1948 would be appli.....

Tags : Chhattisgarh High Court, Factories Act



RIGHT TO INFORMATION - EVMs are 'Information' Under RTI Act: CIC(25.02.2019)

Central Information Commission has ruled that an Electronic Voting Machine is “information” under Right to Information Act and can be demanded by an a.....

Tags : Central Information Commission, RTI Act, Electronic Voting Machine



CCI issues cease and desist order against Kraft Paper Manufacturers and their four associations for indulging in anti-competitive practices(12.10.2022)

The Competition Commission of India (CCI) issued a final order today against four regional associations of Kraft Paper manufacturers, including their .....

Tags : Order, Issuance, Anti-competitive practices



Cabinet approves setting up of a national level multi-state cooperative organic society under Multi State Cooperative Societies (MSCS) Act, 2002(11.01.2023)

The Union Cabinet, chaired by the Hon'ble Prime Minister Shri Narendra Modi, has approved a historic decision of setting up and promoting a national l.....

Tags : Cooperative organic society, Approval, MSCS Act



PROPERTY - Civil Suit for Land that is Subject to Proceedings Under Urban Land Ceiling Act Not Maintainable: SC(27.02.2019)

Supreme Court has held that a Civil Court has no jurisdiction to try civil suit in relation to land which is subject to ceiling proceedings under Urba.....

Tags : Supreme Court, Urban Land Ceiling Act



CIVIL - SC Agrees to Hear Centre's Application for Stay of Eviction of Forest Dwellers(27.02.2019)

Supreme Court has agreed to hear Centre’s plea seeking a stay on possible eviction of around 11.8 lakh tribals and traditional forest dwellers, whose .....

Tags : Supreme Court, Forest Dwellers, Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act 2006



CRIMINAL - Kerala Actress Abduction Case: Kerala HC Allows Plea to Appoint Woman Judge to Conduct Trial(27.02.2019)

Kerala High Court has allowed plea of an actress, who has filed a sexual assault case in which Malayalam actor Dileep is one of the accused, to appoin.....

Tags : Kerela High Court, Kerala Actress Abduction Case



CIVIL - Participation of Public Temple Rituals is Important to Determine Private/Public Character of Temple:(28.02.2019)

Supreme Court has observed that the participation of the members of the public in the Darshan in the temple and in the daily acts of worship or in the.....

Tags : Supreme Court, Private/Public Character of Temple



CIVIL - Participation of Public Temple Rituals is Important to Determine Private/Public Character of Temple:(28.02.2019)

Supreme Court has observed that the participation of the members of the public in the Darshan in the temple and in the daily acts of worship or in the.....

Tags : Supreme Court, Private/Public Character of Temple



CIVIL - Participation of Public in Temple Rituals is Important to Determine Nature of Temple(28.02.2019)

Supreme Court has observed that participation of members of the public in Darshan in temple and in daily acts of worship or in celebrations is one of .....

Tags : Supreme Court, Private/Public Character of Temple



Introduction of future contracts on Corporate Bond Indices(10.01.2023)

1. In order to enhance liquidity in the bond market and also to provide opportunity to the investors to hedge their positions, SEBI had constituted a .....

Tags : Introduction, future contracts, Corporate Bond



Supreme Court: Non-voluntary Confession Cannot Form Basis of Conviction(28.04.2017)

Supreme Court, while setting aside conviction of accused in Hindu Munnani Activist murder case, has observed that confessions of accused are involunta.....

Tags : Supreme Court, Hindu Munnani Activist



Madhya Pradesh HC: Contractual Employees Also Entitled To Benefits Under Maternity Benefits Act(01.05.2017)

Madhya Pradesh High Court has held that maternity leave should be granted to contractual employees, at par with regular employees.

Tags : Madhya Pradesh High Court, Maternity Benefits Act



RERA Kicks in Today, Only 13 States/UTs Notified Rules So Far(01.05.2017)

Real Estate Act comes into force from today with a promise of protecting right of consumers and ushering in transparency but only 13 states and UTs ha.....

Tags : Real Estate Act



SC: Word ‘Payable’ In Section 40(A) (ia) of Income Tax Act Also Covers Amount Already 'Paid'(04.05.2017)

Supreme Court has held that though the word used in Section 40(a)(ia) of Income Tax Act, is ‘payable’, it would also cover situations where amount i.....

Tags : Supreme Court, Income Tax Act, Section 40(A) (ia)



SERVICE TAX - Supplying Electricity to Occupants of Commercial Complex is subject to Service Tax: Calcutta HC(28.03.2019)

Calcutta HC has held that the transaction of obtaining high-tension electric and supplying it to occupants after converting it to low-tension supply a.....

Tags : Calcutta HC, Service Tax, Finance Act, 1994



Goods & Service Tax-Gujarat HC Released Seized Vehicle as Notice do not Comply Requirements of S. 129(28.03.2019)

The Gujarat High Court has granted an interim order allowing release of the vehicle seized by the GST department under Sections 129 and 130 of the CGS.....

Tags : Gujarat HC, GST Act, Sections 129 and 130 of the CGST Act



CIVIL - Delhi HC Stays JNU Decision Barring Elected Students from Attending Committee Meetings(28.03.2019)

Delhi High Court has stayed the resolution of Executive Committee of Jawaharlal Nehru University (JNU) which had restrained elected students from atte.....

Tags : Gujarat HC, GST Act, Sections 129 and 130 of the CGST Act



Reporting and Accounting of Central Government transactions of March 2021 - Change of date of closure(07.04.2021)

1.This is with reference to Circular DGBA.GBD.No.S-140/42.01.029/2020-21 dated March 18, 2021 where in the date of closure for reporting residual tran.....

Tags : Reporting, Accounting, Transactions



Shri Piyush Goyal asks businesses to adopt a sustainable and green approach in business practices(23.01.2023)

Union Minister of Commerce and Industry, Consumer Affairs, Food and Public Distribution and Textiles, Shri Piyush Goyal asked businesses to adopt a su.....

Tags : Green approach, Business practices



Union Budget to give a boost to exports and manufacturing(01.02.2023)

Union Budget 2023-24 has a slew of measures to give boost to exports and help accelerated growth of manufacturing in the country. The indirect tax sim.....

Tags : Boost, Exports, Manufacturing



CIVIL - Prosecution Under Customs Act Not Barred in Regard to Art Treasures: SC(28.02.2019)

Supreme Court has held that prosecution under Sections 132 and 135(1)(a) of the Customs Act, 1962, is not barred in regard to the antiquities or art t.....

Tags : Kerala High Court, Customs Act, Antiquities, Art Treasures.



CUSTOMS - Prosecution Under Customs Act Not Barred in Regard to Art Treasures: SC(28.02.2019)

Supreme Court has held that prosecution under Sections 132 and 135(1)(a) of the Customs Act, 1962, is not barred in regard to the antiquities or art t.....

Tags : Kerala High Court, Customs Act, Antiquities, Art Treasures.



CUSTOMS - Prosecution Under Customs Act Not Barred in Regard to Art Treasures: SC(28.02.2019)

Supreme Court has held that prosecution under Sections 132 and 135(1)(a) of the Customs Act, 1962, is not barred in regard to the antiquities or art t.....

Tags : Kerala High Court, Customs Act, Antiquities, Art Treasures.



CONSTITUTION - Delhi HC Dismisses PIL Challenging Amendments to PMLA Through Finance Act(28.02.2019)

Delhi High Court has dismissed the PIL filed by Congress Leader Jairam Ramesh challenging the amendments to Prevention of Money Laundering Act, 2002 t.....

Tags : Delhi High Court, Prevention of Money Laundering Act, 2002, Finance Acts of 2015, 2016 and 2018



SERVICE - Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail: Calcutta HC(01.03.2019)

Calcutta High Court has granted anticipatory bail to a journalist who was charged under Scheduled Castes and Scheduled Tribes (Prevention of Atrocitie.....

Tags : Calcutta High Court, Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail



CRIMINAL - Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail: Calcutta HC(01.03.2019)

Calcutta High Court has granted anticipatory bail to a journalist who was charged under Scheduled Castes and Scheduled Tribes (Prevention of Atrocitie.....

Tags : Calcutta High Court, Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail



Union Cabinet approves contract signing with L&T for three Cadet Training Ships, worth over Rs. 3,100 crore, under Buy (Indian-IDDM) category(01.03.2023)

The Union Cabinet has accorded approval to sign a contract with Larsen & Toubro Limited (L&T) for acquisition of three Cadet Training Ships, at an ove.....

Tags : Approval, Contract, Indian-IDDM



Central Govt. notifies few activities when carried out for or on behalf of another natural or legal person in the course of business as an activity as defined in Section 2(1)(sa)(vi) of PMLA(07.03.2023)

In exercise of the powers conferred by sub-clause (vi) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 .....

Tags : Legal person, Activity, Notification



Supreme Court to All High Courts: Expedite Cases Under POCSO Act(02.05.2018)

Supreme Court has issued a slew of directions to ensure faster time-bound justice in all cases involving sexual offences against children under the Po.....

Tags : Supreme Court, POCSO Act



Preliminary Enquiry Not Must for Every Complaint Under SC/ST Act: Supreme Court(04.05.2018)

Supreme Court has said that only anti-Dalit atrocities' complaints which are felt “absurd” or “absolutely” frivolous need to be probed by the police b.....

Tags : Supreme Court, SC/ST Act



Food Security Act: Supreme Court Seeks Details of Budgetary Allocation(04.05.2018)

Supreme Court has asked the Centre and an NGO, which has alleged delay in the implementation of benefits under the National Food Security (NFS) Act, t.....

Tags : Supreme Court, Food Security Act



Civil Suit Not Maintainable After SARFAESI Proceedings Are Initiated: Supreme Court(08.05.2018)

Supreme Court has reiterated that a civil suit would not be maintainable when proceedings under the Securitisation and Reconstruction of Financial Ass.....

Tags : Supreme Court, SARFAESI Act



Civil Suit Not Maintainable After SARFAESI Proceedings Are Initiated: Supreme Court(09.05.2018)

Supreme Court has reiterated that a civil suit would not be maintainable when proceedings under the Securitisation and Reconstruction of Financial Ass.....

Tags : Supreme Court, SARFAESI Act



RIGHT TO INFORMATION - Delhi HC Stays CIC Order Putting EVMs Under RTI(19.03.2019)

Delhi High Court has stayed Central Information Commission order holding that Electronic Voting Machines (EVMs) fall within the preview of RTI Act.

Tags : Delhi High Court, RTI Act, Electronic Voting Machines, Central Information Commission



CONTRACT - Writ Petitions in Contract Matters Maintainable When There is Arbitrariness By State: SC(22.03.2019)

Supreme Court has reiterated that even in contract matters, a writ petition under Article 226 of the Constitution of India can be entertained by the h.....

Tags : Supreme Court, Writ Petitions, Contract Matters



Notification of specified financial transactions as an activity for the purposes of Section 2(1)(vi)(sa) of PMLA, 2002(03.05.2023)

In exercise of the powers conferred by sub-clause (vi) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 .....

Tags : Financial transactions, Relevant person, Activity



RBI Working Paper No 02/2021: Regional Economic Convergence in the Manufacturing Sector: An Empirical Reflection(25.01.2021)

Today the Reserve Bank of India placed on its website a Working Paper titled "Regional Economic Convergence in the Manufacturing Sector: An Empirical .....

Tags : Working Paper, Manufacturing Sector, Empirical Reflection



Status of March 31, 2024 for Government transactions through integration with e-Kuber(03.10.2023)

1. The 'e-Kuber' which is the Core Banking Solution platform of RBI for Government and other payments does not process any Government transactions on .....

Tags : Transactions, Integration, E-Kuber



Central Government hereby declares the services in the Bank Note Paper Mill India Private Limited, Mysore, Karnataka to be a public utility service for the purposes of Industrial Disputes Act, 1947(11.02.2021)

Whereas the Central Government is satisfied that the public interest so requires that the services in the Bank Note Paper Mill India Private Limited, .....

Tags : Bank Note Paper Mill, Public utility, Industrial Disputes Act



Fresh guidelines for tyre manufacturers by Ministry of Commerce and Industry(31.08.2023)

The Indian tyre industry has been witnessing a rise in the demand for production of tyres for export and domestic sales. The increasing ownership of v.....

Tags : Guidelines, Tyre Manufacturers, Investment



Transaction in Corporate Bonds through Request for Quote (RFQ) platform by Alternative Investment Funds (AIFs)(01.02.2023)

1. To increase the liquidity on RFQ platform of stock exchanges and to enhance the transparency and disclosure pertaining to trading in secondary mark.....

Tags : Transaction, Corporate Bonds, RFQ



Guidelines under Clause (10D) of Section 10 of the Income-tax Act, 1961(16.08.2023)

1. Clause (10D) of section 10 of the Income-tax Act, 1961 (the Act) provides for income-tax exemption on any sum received under a life insurance polic.....

Tags : Income Tax Act, 1961, Guidelines



Exemption Under IT Act Available Only to Institutions That Impart Education: Uttarakhand HC(13.04.2018)

Uttarakhand High Court has held that education institutions can avail exemption under Section 10(23C) (vi) of the Income Tax Act only if they exist so.....

Tags : Uttarakhand High Court, Income Tax Act



Non-Examination of 'Best Witness' Not Fatal in MACT Cases: SC(15.02.2019)

Supreme Court has observed that non examination of 'best witness' in Motor Accident Claim cases is not fatal and said that approach in examining evide.....

Tags : Supreme Court, Non-Examination of 'Best Witness', MACT Cases



SC Seeks Report on Action Taken Against Tribals Who Lost Claim to Forests(15.02.2019)

Supreme Court has ordered states to report what action they have taken against tribals and forest-dwellers whose claims to forest lands have been reje.....

Tags : Supreme Court, Forest Rights Act



Ensure Section 66A of IT Act is Not Invoked, Supreme Court Directs All States and Courts(18.02.2019)

Supreme Court has directed all state governments to remind their respective police departments of its March 24, 2005 order which led to scrapping of S.....

Tags : Supreme Court, Section 66A of IT Act



CIVIL - No More Appeals to Maintain Illegal Constructions: Madras HC(20.02.2019)

Madras High Court has condemned practice of allowing an encroacher to file an appeal to maintain an illegal construction under Section 113-C of TN Tow.....

Tags : Madras High Court, Illegal Construction, TN Town and Country Planning Act



FAMILY - President Gives Assent to Law Which Removes Leprosy as Ground for Divorce(22.02.2019)

President has given assent to a bill, already passed by parliament, removing leprosy as a ground for divorce under five personal laws including the Hi.....

Tags : President, Leprosy as Ground for Divorce, Hindu Marriage Act



FAMILY - President Gives Assent to Law which Removes Leprosy as Ground for Divorce(22.02.2019)

President has given assent to a bill, already passed by parliament, removing leprosy as a ground for divorce under five personal laws including the Hi.....

Tags : President, Leprosy as Ground for Divorce, Hindu Marriage Act



Advisory in terms of Consumer Protection Act, 2019 on Prohibition of Advertising, Promotion, and Endorsement of unlawful activities prohibited under various laws(06.03.2024)

1. It has come to the notice of Central Consumer Protection Authority (CCPA) that there are increasing instances of direct as well as surrogate advert.....

Tags : Advisory, Prohibition, Unlawful activities



Supervisory action against Kotak Mahindra Bank Limited under Section 35A of the Banking Regulation Act, 1949(24.04.2024)

The Reserve Bank of India has today, in exercise of its powers under Section 35A of the Banking Regulation Act, 1949, directed Kotak Mahindra Bank Lim.....

Tags : Supervisory Action,New customers, On-boarding



Revised Guidelines for Ground Water Extraction Notified(13.12.2018)

In order to comply with various directions of the Hon'ble NGT and to address various shortcomings in the existing guidelines of ground water extractio.....

Tags : Ground Water, Extraction, Guidelines



Tokenisation - Card Transactions : Extending the scope of permitted devices(25.08.2021)

1. We invite reference to our circular DPSS.CO.PD No.1463/02.14.003/2018-19 dated January 08, 2019 on "Tokenisation - Card transactions", permitting a.....

Tags : Tokenisation, Card Transactions, Permitted Device



Framework for considering unaffected price for transactions upon confirmation of market rumour(21.05.2024)

1. In terms of Regulation 30(11) of SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015 ("LODR Regulations"), as amended by SEBI .....

Tags : Framework, Unaffected price, Transactions



Supreme Court: Include HIV+ Children in 'Disadvantaged Group' for Imparting Free Education(09.05.2017)

Supreme Court has said that so far, 11 states and one Union territory have issued notification effecting a change in Right of Children to Free and Co.....

Tags : Supreme Court, Right of Children to Free and Compulsory Education Act, 2009



Maternity Benefit Act, 2017: Act Applicable to All Those Women Workers Already on Leave on April 01(09.05.2017)

Government has clarified that it is mandatory on part of employers to extend benefit of enhanced maternity leave to those women workers who were alrea.....

Tags : Maternity Benefit Act, 2017



Supreme Court Refers Plea Challenging Aadhaar Act to Constitution Bench(10.05.2017)

Supreme Court has sent a fresh plea challenging Aadhaar Act and mandatory use of Unique Identification Number in at least 17 government schemes to a l.....

Tags : Supreme Court, Aadhaar Act



RBI Guidelines on Banking Regulation Act Stresses on Timeline for CAP in Joint Lenders Forum(10.05.2017)

RBI has issued directions u/s 35AB of Banking Regulation Act, 1949 stressing on timelines to be followed while finalizing a Corrective Action Plan (“C.....

Tags : RBI, Banking Regulation Act, 1949



CJM Can’t Grant Time for Payment of Debt Due to Secured Creditor: Kerala High Court(21.06.2018)

Kerala High Court has held that Chief Judicial Magistrate exercising power under Section 14 of SARFAESI Act, 2002 has no jurisdiction to grant time f.....

Tags : Kerala High Court, SARFAESI Act



Regularisation Obtained by Misrepresenting Facts can't be Sustained: SC(16.04.2019)

Supreme Court has held in a case that appointment of Chowkidar on regular basis was invalid and also observed that an order of regularisation obtained.....

Tags : Supreme Court, Misrepresenting Facts



Mandate of "Ineligible" Arbitrator u/s 12(5) of Arbitration Act terminates automatically: SC(17.04.2019)

Supreme Court held that ineligibility of a person barred from appointment as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act.....

Tags : Supreme Court, Ineligible Arbitrator, Arbitration Act



Allahabad HC Says 'No' to Benefit u/s 80G of IT Act on Mere Fulfillment of Conditions u/s 10(23)(c)(06.06.2017)

Allahabad High Court has held that benefit of Section 80G of Income Tax Act cannot be granted to assessee merely on ground that it satisfies all condi.....

Tags : Allahabad High Court, Income Tax Act



SC: Wages Withheld Due To Disciplinary Action Can’t Be Restored Under Payment of Wages Act(07.06.2017)

Supreme Court has held that prescribed authority under Payment of Wages Act(PWA) is not an appellate authority in disciplinary proceedings and therefo.....

Tags : Supreme Court, Payment of Wages Act



Bombay HC Upholds Vires of S. 28 A(1) of Maharashtra Civil Courts Act, 1869(09.06.2017)

Bombay High Court has upheld the vires of Section 28 A(1) of Maharashtra Civil Courts Act, 1869 that states about high court’s power to invest civil .....

Tags : Bombay High Court, Maharashtra Civil Courts Act, 1869



ITAT Kolkata: Shareholding by Subsidiary Co. Irrelevant While Considering ‘Deemed Dividend’ Liability(09.06.2017)

ITAT Kolkata has held that shareholding by Subsidiary Company is irrelevant while considering ‘deemed dividend’ liability of Holding Company under sec.....

Tags : ITAT Kolkata, Income Tax Act



Bombay High Court: Illegitimate Child Entitled to Benefits u/s 16 of Hindu Marriage Act(13.06.2017)

Bombay High Court has ruled that benefit of Section 16 of Hindu Marriage Act is available to an illegitimate child, who is born to parents who have un.....

Tags : Bombay High Court, Hindu Marriage Act



Post-Divorce, No Relief Under Domestic Violence Act: Bombay HC(23.04.2019)

Bombay High Court has ruled that a woman cannot seek relief under the Domestic Violence Act against her divorced husband, as after divorce there is no.....

Tags : Supreme Court, Post-Divorce, Domestic Violence Act



Transwoman Also a Bride Under Hindu Marriage Act: Madras HC(24.04.2019)

Madras High Court has held that as per Hindu Marriage Act, a transsexual is also a "bride" and the term would not necessarily refer only to a woman.

Tags : Madras High Court, Transwoman, Hindu Marriage Act



Supreme Court: Mens Rea Not Required for Levy of Penalty u/s 43A Competition Act(19.04.2018)

Supreme Court has observed that the imposition of penalty u/s 43A of Competition Act is on account of breach of a civil obligation, and the proceeding.....

Tags : Supreme Court, Competition Act



Supreme Court: Ex Post Facto Notice is Not Contemplated u/s S. 6(2) of Competition Act(20.04.2018)

Supreme Court has observed that ex post facto notice is not contemplated under the provisions of section 6(2) of the Competition Act and the same wou.....

Tags : Supreme Court, Competition Act



Bombay High Court Refuses Interim Stay on Amendment to Trees Act(24.04.2018)

Bombay High Court has refused to grant an interim stay on a recent amendment that allowed chiefs of civic bodies in Maharashtra to decide applications.....

Tags : Bombay High Court, Trees Act



INTELLECTUAL PROPERTY RIGHTS - Passing off Suit Based Solely on Registered Design is Not Maintainable: Delhi HC(08.03.2019)

Delhi High Court has dismissed suits filed by multinational footwear manufacturer Crocs and held that suit for action against passing off solely based.....

Tags : Delhi High Court, Crocs, Design Act, 2000



CIVIL - Unnatural Sex, Excess Sexual Act of Husband Not Instigation for Wife's Suicide: Chhattisgarh HC(11.03.2019)

Chhattisgarh High Court, while discharging a man accused of instigating his wife's suicide, has observed that excess sexual acts by a husband and unna.....

Tags : Madhya Pradesh High Court, Unnatural Sex, Excess Sexual Act of Husband, Instigation for suicide,



CRIMINAL - Unnatural Sex, Excess Sexual Act of Husband Not Instigation for Wife's Suicide: Chhattisgarh HC(11.03.2019)

Chhattisgarh High Court, while discharging a man accused of instigating his wife's suicide, has observed that excess sexual acts by a husband and unna.....

Tags : Madhya Pradesh High Court, Unnatural Sex, Excess Sexual Act of Husband, Instigation for suicide,



CRIMINAL - Confession in Police Custody Made in Immediate Presence of Executive Magistrate Admissible: P&H HC(22.03.2019)

Punjab and Haryana High Court has held that the expression 'Magistrate' appearing in Section 26 of the Evidence Act would include Executive Magistrate.....

Tags : Punjab and Haryana High Court, Section 26 of the Evidence Act



CRIMINAL - Sec- 138 NI Act: Non-Filing of I-T Returns Doesn't Mean Complainant had No Income Source: MP HC(22.03.2019)

Madhya Pradesh High Court has observed that mere non-filing of Income Tax Return would not automatically dislodge the source of income of the complain.....

Tags : Madhya Pradesh High Court, Sec- 138 NI Act



FAMILY - Kerala HC: Divorce Petition Can Be Filed Through Power Of Attorney(25.03.2019)

Kerala High Court has ruled that a petition seeking divorce under Section 13 of the Hindu Marriage Act can be filed through a power of attorney.

Tags : Kerala High Court, Section 13 of the Hindu Marriage Act, power of attorney



DIRECT TAXATION - Salary Recd. By Missionaries/Nuns Subject To TDS Under Section 192 of IT Act: Madras HC(25.03.2019)

Madras High Court has ruled that Canon Law does not bind Income Tax Act and so salaries received by missionaries and nuns of Catholic Church for teach.....

Tags : Madras High Court, Tax Deduction at Source, Section 192 of the Act



DIRECT TAXATION - Addition for Unexplained Share Capital and Share Premium Can’t be Made Prior to 2013 Amendment: ITAT(27.03.2019)

Income Tax Appellate Tribunal (ITAT) has held that addition in respect of share capital and premium by treating the same as unexplained cannot be made.....

Tags : Income Tax Appellate Tribunal, ITAT, Income Tax Act, 1961



CRIMINAL - Complaint U/s 138 NI Act Maintainable Where Cheque Was Issued in Pursuance of Agreement for Sale: SC(27.03.2019)

Supreme Court has observed that a complaint under Section 138 of the Negotiable Instruments Act is maintainable when there is dishonour of cheques iss.....

Tags : Supreme Court, Section 138 of the Negotiable Instruments Act



Supervisory Action against ECL Finance Limited and Edelweiss Asset Reconstruction Company Limited based on material supervisory concerns(29.05.2024)

The Reserve Bank of India has today, in exercise of its powers under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secu.....

Tags : Supervisory Action, ECL



COMPANY - SC: Companies Act Does Not Stipulate Any Fixed Period for Completion of Serious Fraud Investigation(28.03.2019)

SC while holding that there is no stipulation of any fixed period for completion of a Serious Fraud investigation observed that stipulation in Section.....

Tags : Supreme Court, Section 212(3) of the Companies Act, 2013, Serious Fraud investigation



SALES TAX/VAT - State can Include Proceeds from Inter-State Sale in Turnover to Classify Dealers for Sales Tax: SC(29.03.2019)

Supreme Court has repelled challenge to constitutionality of Section 6B of Karnataka Sales Tax Act 1957 on ground that it permitted State to include p.....

Tags : Supreme Court, Karnataka Sales Tax Act 1957



CRIMINAL - Probation Benefit can't be Extended to a Convict Punished with Life Imprisonment: SC(30.03.2019)

Supreme Court has observed that benefit of Probation of Offenders Act cannot be extended to an accused convicted for an offence punishable with life i.....

Tags : Supreme Court, Life Imprisonment, Offenders Act



Madras HC Upholds Act Relating to Security of Women and Children in Hostels(01.04.2019)

Madras High Court has upheld the provisions of TN Hostels and Homes for Women and Children (Regulation) Act, 2014, and the Rules framed there under in.....

Tags : Madras High Court, TN Hostels and Homes for Women and Children (Regulation) Act, 2014



GOODS AND SERVICES TAX: Food Supplied during Social Event at Club Attracts 12% GST: AAR(01.04.2019)

Advance Ruling Authority, West Bengal has held that if the food is supplied by way of or as part of the services associated with organizing social eve.....

Tags : Madras High Court, TN Hostels and Homes for Women and Children (Regulation) Act, 2014



Willful Defaulter under RBI Act can’t be represented through Advocate/CA: Madhya Pradesh HC(02.04.2019)

Madhya Pradesh High Court has held that a ‘willful defaulter’ under Reserve Bank of India (RBI) Act cannot be represented through the lawyers or Chart.....

Tags : Madhya Pradesh High Court, Willful Defaulter, RBI Act



Participation of Mutual funds in repo transactions on Corporate Debt Securities(08.06.2023)

1. SEBI vide circular no. CIR/IMD/DF/19/2011 dated November 11, 2011 and CIR/IMD/DF/23/2012 dated November 15, 2012 allowed mutual funds to participat.....

Tags : Participation, Mutual funds, Repo transactions



Steps by Government to enhance the domestic manufacturing of Solar module(28.07.2022)

MNRE launches "Renewable Energy Research and Technology Development Programme" to enable indigenous technology development and manufacture for wide sp.....

Tags : Domestic manufacturing, Solar module, Steps



Restriction on Storage of Actual Card Data [i.e. Card-on-File](28.07.2022)

1. Reference is invited to Reserve Bank of India (RBI) circulars DPSS.CO.PD.No.1810/02.14.008/2019-20 dated March 17, 2020 and CO.DPSS.POLC.No.S33/02-.....

Tags : Restriction, Storage, Actual Card Data



Manipur HC Quashes Detention of Manipur Journalist's Under NSA for Facebook Posts Against PM & CM(09.04.2019)

Manipur High Court has released Manipur journalist Kishorchandra Wangkhem, who was detained under the National Security Act on November 27, 2018 for m.....

Tags : Manipur High Court, Kishorchandra Wangkhem, National Security Act



Manipur HC Quashes Detention of Manipur Journalist Under NSA for Facebook Posts Against PM & CM(09.04.2019)

Manipur High Court has released Manipur journalist Kishorchandra Wangkhem, who was detained under the National Security Act on November 27, 2018 for m.....

Tags : Manipur High Court, Kishorchandra Wangkhem, National Security Act



S. 138 NI Act: Complainant Bound to Explain His Financial Capacity When Questioned by Accused: SC(10.04.2019)

Supreme Court has observed that a complainant in a cheque bounce case is bound to explain his financial capacity, when the same is questioned by the a.....

Tags : Supreme Court, Section 138 Negotiable Instruments Act



Mere Financial Assistance to Buy Property can't be Termed Benami Transaction: SC(10.04.2019)

Supreme Court has observed that mere financial assistance to buy a property cannot be the sole determinative factor/circumstance to hold the transacti.....

Tags : Supreme Court, Benami Transactions



Delhi HC Asks State to Identify Children with Attention Deficit Hyperactivity Disorder(10.04.2019)

Delhi High Court has asked Delhi Government to identify children suffering from attention deficit hyperactivity disorder (ADHD), one of the most commo.....

Tags : Delhi High Court, ADHD, Attention Deficit Hyperactivity Disorder



Sec. 138 NI Act: Complainant Bound to Explain His Financial Capacity When Questioned by Accused: SC(10.04.2019)

Supreme Court has observed that a complainant in a cheque bounce case is bound to explain his financial capacity, when the same is questioned by the a.....

Tags : Supreme Court, Section 138 Negotiable Instruments Act



Delhi HC Declares Section 22(3) of Competition Act Unconstitutional(15.04.2019)

Delhi High Court has declared Section 22(3) of the Competition Act, 2002 as unconstitutional and void.

Tags : Delhi High Court, Competition Act, Unconstitutional



BIS Raid Packaged Drinking Water Manufacturing Unit(16.08.2018)

Bureau of Indian Standards (BIS) conducted an enforcement raid recently on M/s. Hi-Tech Aqua, in Mayapuri Industrial Area, Delhi. The firm was manufac.....

Tags : BIS, Raid, Manufacturing Unit



Budget 2024-25 Introduces Enhanced Deductions and Revised Tax Slabs(23.07.2024)

What is Income Tax?

Income tax is a government levy on the income earned by individuals and businesses during a financial year. "Income" enc.....

Tags : Income Tax Return, Commercial Properties, Securities Transaction Tax



Examination for confirmation of enrolment of GST Practitioners to be conducted by NACIN(14.05.2019)

The National Academy of Customs, Indirect Taxes and Narcotics (NACIN) has been authorized vide Notification No. 24/2018-Central Tax dated 28.5.2018, t.....

Tags : Examination, Enrollment, GST Practitioners



Action against Bank of Baroda under section 35A of the Banking Regulation Act, 1949(10.10.2023)

The Reserve Bank of India has, in exercise of its power, under section 35A of the Banking Regulation Act, 1949, directed Bank of Baroda to suspend, wi.....

Tags : Bob world, application, Action



Enforcement Date: Indian Institutes of Management (Amendment) Act, 2023(16.08.2023)

In exercise of the powers conferred by sub-section (2) of section 1 of the Indian Institutes of Management (Amendment) Act, 2023 (23 of 2023), the Cen.....

Tags : Enforcement Date, IIM (Amendment) Act



Government of India and European Investment Bank sign finance contract for first tranche loan of Euro 250 million for Agra Metro Rail project(23.12.2021)

Hon'ble Prime Minister Shri Narendra Modi had inaugurated construction work of Agra Metro project in Agra last year

The Government of India (.....

Tags : Finance contract, Signing of



President Gives Assent to Fugitive Economic Offenders Act 2018(02.08.2018)

Fugitive Economic Offenders Act 2018 of Parliament has received the assent of the President and has been notified in the official gazette.

Tags : Fugitive Economic Offenders Act



SC Stays Madras HC Judgment on TDS Liability of Christian Nuns & Missionaries(10.05.2019)

Supreme Court has stayed Madras HC judgment which had ruled that salaries received by missionaries and nuns of Catholic Church are liable to be subjec.....

Tags : Supreme Court, Tax Deduction at Source, IT Act, 1961, Section 192



Bombay HC: Internet Broadcasting Not Covered U/s. 31D Copyright Act(10.05.2019)

Bombay High Court in a significant judgment held that Section 31D of the Copyright Act, 1957 covers only radio and TV broadcasting and not internet br.....

Tags : Bombay High Court, Copyright Act, 1957, Section 31D



ITAT: Purchase of Land before Sale of Capital Asset ineligible for Deduction(10.05.2019)

Income Tax Appellate Tribunal (ITAT) has held that the capital gain exemption under Section 54 of the Income Tax Act, 1961 cannot be availed in case o.....

Tags : Income Tax Appellate Tribunal, Section 54, Income Tax Act, 1961



ITAT: Revisional Jurisdiction Can’t be Exercised on Issue not Covered in Re-Assessment(10.05.2019)

Income Tax Appellate Tribunal (ITAT) has held that Commissioner of Income Tax cannot invoke revisional jurisdiction under Section 263 of Income Tax Ac.....

Tags : Income Tax Appellate Tribunal, Section 263, Income Tax Act, 1961



Service Tax Paid by Mistake Can’t be Refunded under Finance Act, 1994: CESTAT(10.05.2019)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that refund of the service tax paid by mistake cannot be processed under the Fina.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Finance Act, 1994



Apex Court Refuses to Regularise Bihar Contractual Teachers Jobs(10.05.2019)

Supreme Court has in a major setback to at least 3.5 lakh contractual teachers in Bihar refused to regularise their jobs.

Tags : Apex Court, Bihar Contractual Teachers



Enabling Dealings by IFSC - Banking Units in Bullion Unallocated Accounts(04.03.2021)

To facilitate development of the bullion market in India, generate interest in trading & hedging activities, and serve as a precursor to International.....

Tags : IFSC, Activities, Regulation



Alignment of Appendix 4R with the Finance Act, 2021(11.05.2022)

In exercise of the powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with Para 1.02 of the Foreign Trade .....

Tags : Alignment, Appendix, Finance Act, 2021



SC Reserves Verdict on Cauvery Appeals(20.10.2016)

Supreme Court has reserved its judgment on nature of awards being given by Water Tribunals set up under Inter-state River Disputes Act, 1956, and its .....

Tags : Supreme Court, Inter-state River Disputes Act, Cauvery



#RERA: 23 States Notify Rules, Six Misses July 31 Deadline(01.08.2017)

The July-31 deadline to register projects under the Real Estate Regulatory Act (RERA) is over, however, six states are yet to notify rules. These incl.....

Tags : Real Estate Regulatory Act



Bombay High Court: No Addition Can be Made in Respect of Unutilized Cenvat Credit to Closing Stock(04.08.2017)

Bombay High Court, while upholding Tribunal order deleting addition in respect of unutilized Cenvat credit to closing stock, has held that irrespectiv.....

Tags : Bombay High Court, Income Tax Act



Supreme Court Directs Centre to Provide Data on Implementing Child Marriage Prohibition Act(10.08.2017)

Supreme Court has asked Centre to provide data on number of Child Marriage Prohibition Officers, appointed under Child Marriage Prohibition Act, 2006 .....

Tags : Supreme Court, Child Marriage Prohibition Act



Bombay High Court: Person Running Court Canteen is in Temporary Possession of Premises(10.08.2017)

Bombay High Court has observed that a person running a canteen on Court premises is in temporary possession and therefore is not entitled to relief u.....

Tags : Bombay High Court, Special Relief Act



Supreme Court Places Rights Activists Under House Arrest(30.08.2018)

Supreme Court has ordered police to put five prominent rights campaigners suspected of links to Maoist guerrillas under house arrest.

Tags : Supreme Court, Rights Activists



IBBI: Info Regarding Insolvency Professionals Facing Disciplinary Proceedings Exempt From RTI Act(05.06.2019)

Insolvency and Bankruptcy Board of India (IBBI) has observed that information about insolvency professionals facing disciplinary proceedings is exempt.....

Tags : IBBI, RTI Act



Gujarat HC: Property Cannot be Straightway Given to Complainant Under Domestic Violence Act(07.11.2016)

Gujarat High Court has held that a property owned by a Hindu Undivided Family (HUF) and any suit property cannot be straightaway given to an aggrieved.....

Tags : Gujarat High Court, Hindu Undivided Family, Domestic Violence Act



Supreme Court: Acquisition Of Building Alone Permissible Under Land Acquisition Act(19.09.2017)

Supreme Court has held that State can proceed to acquire only the buildings existing on land under the Land Acquisition Act, without acquiring the und.....

Tags : Supreme Court, Land Acquisition Act



Government Prescribes Procedure to Furnish Form 67 to Claim Foreign Tax Credit(26.09.2017)

Central Government has prescribed the procedure to be followed to furnish Form 67 to claim foreign tax credit under the provisions of the Income Tax A.....

Tags : foreign tax credit, Income Tax Act, 1961



ITAT: Interest on Enhanced Compensation Recd. under LA Act Not Subject to Capital Gain Tax(28.09.2017)

Income Tax Appellate Tribunal (ITAT) has held that the interest received on enhanced compensation for land compulsorily acquired under the Land Acquis.....

Tags : Income Tax Appellate Tribunal, Capital Gain, Land Acquisition Act



Kerala High Court Grants Malayalam Actor Dileep Bail in Actress Abduction Case(03.10.2017)

Kerala High Court has granted bail to Malayalam actor Dileep, accused of masterminding the abduction of an actress.

Tags : Kerala High Court, Dileep, Actress Abduction



Supreme Court Upholds Constitutionality of Section 19(11) of Tamil Nadu VAT Act, 2006(15.10.2018)

Supreme Court has dismissed appeals filed against Madras High Court judgment that had upheld the constitutionality of Section 19(11) of the Tamil Nadu.....

Tags : Supreme Court, Tamil Nadu VAT Act, 2006



Rajasthan High Court Rules Benami Amendment Act, 2016 Cannot be Enforced Retrospectively(26.07.2019)

Rajasthan High Court has ruled that Benami Transactions (Prohibition) Amendment Act, 2016 cannot have retrospective effect. Under the amended law whic.....

Tags : Rajasthan High Court, Benami Amendment Act, 2016



Bombay High Court: Federation of Labour Law Practitioners Can’t Be Registered as a Trade Union(05.09.2017)

Bombay High Court has held that Federation of Labour Law Practitioners cannot be registered as a trade union under the Trade Unions Act, 1926.

Tags : Bombay High Court, Trade Unions Act



Supreme Court: Transfer of Moveable Property in Execution of Works Contract is 'Sale'(06.09.2017)

Supreme Court has said that transfer of moveable property in execution of works contract is deemed to be sale, and the value of property can be subjec.....

Tags : Supreme Court, Works Contract



Calcutta High Court: Complaint Under Sec.138 NI Act Not Maintainable Without Presenting Cheque(08.09.2017)

Calcutta High Court has held that without producing the cheque before the drawer bank, complaint under Section 138 of the Negotiable Instruments Act w.....

Tags : Calcutta High Court, Negotiable Instruments Act



Delhi HC: Sensitize Judicial Officers On Maximum Length Of Police Custody Under PMLA(12.09.2017)

Delhi High Court has requested District & Sessions Judges to sensitize Judicial Officers posted under their jurisdiction regarding the maximum period .....

Tags : Delhi High Court, Prevention of Money Laundering Act



Disqualified Lawmakers’ House Membership to Be Revived if Conviction is Stayed: SC(27.09.2018)

Supreme Court has affirmed that once the conviction of an MP or MLA has been stayed by the appellate court under section 389 of the CrPC, the disquali.....

Tags : Supreme Court, Disqualitfication, Representation of the People’s Act



Sec. 17 Limitation Act Can’t Be Invoked in Filing Application to Set Aside Arbitration Award: SC(27.09.2018)

Supreme Court has held that Section 17 of the Limitation Act cannot be invoked to condone the delay in preferring application to set aside the arbitra.....

Tags : Supreme Court, Limitation Act



SC: Solatium Under 2013 Act Has to be Calculated on Market Value Plus Value of Assets Attached Land(19.07.2019)

Supreme Court has observed that solatium as contemplated under Section 30(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehab.....

Tags : SC, 2013 Act



Regulatory Reporting by AIFs(14.09.2023)

1. In terms of Regulation 28 of SEBI (AIF) Regulations, 2012 read with Clause 15.1 of SEBI Master Circular for AIFs dated July 31, 2023, AIFs shall su.....

Tags : Regulatory Reporting, AIFs, Activities



Kerala HC Stays Retrospective Effect of Payment of Bonus (Amendment) Act, 2015(29.01.2016)

Kerala High Court has stayed retrospective effect of Payment of Bonus (Amendment) Act, 2015.

Tags : Kerala High Court, Payment of Bonus (Amendment) Act, 2015



Supreme Court Refers Case Seeking Redefinition of 'Industry' to Nine Judge Bench(03.01.2017)

Supreme Court has referred a case seeking to redefine the term ‘industry’ under Industrial Disputes Act (IDA), 1947 to a nine-judge bench.

Tags : Supreme Court, nine-judge bench, Industrial Disputes Act



Delhi HC Interprets Amended Provisions of Arbitration Act(09.01.2017)

Delhi High Court has said that changes made in 2015 to Arbitration Act, under which there is no automatic stay on an award being challenged, would not.....

Tags : Delhi High Court , Arbitration Act, amendment



Rights of Elderly Persons Must be Recognised & Implemented: SC Issues Directives(14.12.2018)

Supreme Court has observed that there cannot be any excuse of lack of finances either by the Government of India or by the State Governments in strict.....

Tags : Supreme Court, Parents and Senior Citizens Act



Vehicle Manufacturers/Dealers Liable to Pay Tax U/S 6 of Bihar Motor Vehicles Taxation Act: SC(20.12.2018)

Supreme Court has held that the manufacturers and dealers of vehicles are liable to pay additional tax under Section 6 of the Bihar Motor Vehicles Tax.....

Tags : Supreme Court, Bihar Motor Vehicles Taxation Act



PMLA Appellate Authority: IBC Prevails Over Prevention of Money Laundering Act(24.09.2019)

In an important decision, the Appellate Authority of the Prevention of Money Laundering Act, 2002 has upheld the prevalence of the Insolvency and Bank.....

Tags : Appellate Authority of the Prevention of Money Laundering Act, 2002, Insolvency and Bankruptcy Code, PMLA



SC: Additional Evidence in Proceedings u/s 34 Arbitration Act Can be Adduced Only in Exceptional Case(24.09.2019)

Supreme Court has observed that proceedings under Section 34 of Arbitration and Conciliation Act will not ordinarily require anything beyond the recor.....

Tags : Supreme Court, Arbitration and Conciliation Act



Guidelines under clause (10D) section 10 of the Income-Tax Act, 1961(19.01.2022)

1. Clause (10D) of section 10 of the Income-tax Act, 1961 (the Act) provides for income-tax exemption on the sum received under a life insurance polic.....

Tags : Guidelines, Clause, Income-Tax Act



Securities Transaction Tax (1st Amendment), Rules, 2022(18.01.2022)

In exercise of the powers conferred section 114 of the Finance (No. 2) Act, 2004, (23 of 2004), the Central Government hereby makes the following rule.....

Tags : Rules, Amendment, Securities Transaction Tax



RBI releases "Statistical Tables relating to Banks in India: 2021-22"(27.12.2022)

The Reserve Bank released its web publication entitled 'Statistical Tables relating to Banks in India: 2021-22' covering the activities of the Indian .....

Tags : Statistical Tables, Activities, Release



Last date for filing of updated returns (ITR-U) for A.Y. 2021-22 (i.e. for F.Y. 2020-21) is 31.03.2024(04.03.2024)

The Income Tax Department receives information of specified financial transactions of taxpayers from various sources. To increase transparency and to .....

Tags : Submission, Updated ITRs, Financial transactions



Supreme Court Gives Relief to Couple who Pleaded Guilty for Marrying off their Under-Aged Kids(16.11.2018)

Supreme Court has set aside a High Court order to conduct de novo trial under the Prohibition of Child Marriage Act, 2006 against a couple who pleaded.....

Tags : Supreme Court, Child Marriage Restraint Act, 1929



Sec.50 NDPS Act not Complied Just by Stating that Police Conducted Search with Consent: Delhi HC(16.11.2018)

Delhi High Court has held that conditions of search under Sec. 50 of Narcotic Drugs and Psychotropic Substances Act are mandatory and they cannot be f.....

Tags : Delhi High Court, NDPS Act



Application Under Order 2 Rule 2 CPC can’t be Considered by Court U/S 11 Arbitration Act: Delhi HC(16.11.2018)

Delhi High Court has held that courts cannot consider the question of viability of a claim under Order 2 Rule 2 of Code of Civil Procedure, while hear.....

Tags : Delhi High Court, CPC, Arbitration and Conciliation Act, 1996



Bombay HC: Must have Convincing Reasons to Withhold Documents Obtained During Seizure under CGST Act(28.08.2019)

Bombay High Court has ruled that any authority under the Central Goods and Services Tax Act, 2017/CGST Act who conducts search of documents or books o.....

Tags : Bombay HC, CGST Act



Delhi High Court Upholds Validity of Foreign Contributions (Regulation) Act, 2010(28.08.2019)

Delhi High Court has rejected a batch of seven writ petitions and observed that the Central Bureau of Investigation was empowered to investigate in ma.....

Tags : Delhi High Court, Foreign Contributions (Regulation) Act, 2010



CCI: Delay or Inadequacy of Services are not Issues under Competition Act, 2002(30.08.2019)

Competition Commission of India has ruled that elements of anti-competitive agreement and abuse of dominant position stand on a higher platform than d.....

Tags : CCI, Competition Act, 2002



Plaintiff Entitled To Specific Performance of Contract If He Sticks to Terms of Contract: Kerala HC(14.12.2017)

Kerala High Court has held that a plaintiff is entitled to specific performance of contract only if he sticks to the original terms of the contract.

Tags : Kerala High Court, Contract



Panchayat Members Can't Insist Upon Encroaching on Govt Land : Bombay HC(21.12.2017)

Bombay High Court has held that no member of a village panchayat can insist upon encroaching on government land and have immunity from disqualificatio.....

Tags : Bombay High Court, Panchayat Act



Gauhati High Court Orders Release of Akhil Gogoi Detained Under NSA(22.12.2017)

Gauhati High Court has ordered release of peasant leader Akhil Gogoi who was detained under the National Security Act, 1980.

Tags : Gauhati High Court, National Security Act



Gauhati High Court Orders Release of Akhil Gogoi Detained Under NSA(22.12.2017)

Gauhati High Court has ordered release of peasant leader Akhil Gogoi who was detained under the National Security Act, 1980.

Tags : Gauhati High Court, National Security Act



Maternity Benefits to Contractual Employees can't be Denied: Kerala HC(03.01.2019)

Kerala High Court has reiterated that maternity benefits cannot be denied to women employees just because they are contractual employees.

Tags : Kerala High Court, Maternity Benefits to Contractual Employees



Supreme Court: Courts can Hinder with Administrative Actions only if it Suffers from Illegality(18.09.2019)

Supreme Court has clarified that while exercising its powers of judicial review of administrative action, Courts should not interfere with the adminis.....

Tags : Supreme Court, Administrative Actions



Gujarat High Court: SC/ST Act Meant to Confer Dignity,Will not Change with Migration to Another State(19.09.2019)

Gujarat High Court has ruled that a crime against a person belonging to SC/ST community in other State and not in Gujarat invite provisions of the Sch.....

Tags : Gujarat High Court, SC/ST Act



Bombay HC Rejects Vijay Mallya’s Plea Seeking Stay on FEOA Proceedings Against Him(23.11.2018)

Bombay High Court has dismissed Vijay Mallya’s appeal, wherein he had pleaded for stay on the proceedings under Fugitive Economic Offenders Act (FEOA.....

Tags : Bombay High Court, Vijay Mallya, Fugitive Economic Offenders Act



Gauhati HC Issues Directions for Registration of Muslim Marriages Only by Licenced Registrars(27.11.2018)

Gauhati High Court has issued directions in order to ensure that only those who are duly authorised by the government under the Assam Moslem Marriages.....

Tags : Gauhati High Court, Assam Moslem Marriages and Divorces Registration Act, 1935, Registration of Muslim Marriages Only by Licenced Registrars



SC Issues Notice to Centre on PIL Challenging Prevention of Corruption Act Amendments(27.11.2018)

Supreme Court has issued notice on a petition filed by the Centre for Public Interest Litigation (CPIL), challenging two amendments to the Prevention .....

Tags : Supreme Court, Prevention of Corruption Act



Acquired Land can’t be Restored to Owner Due to Non-Utilisation: Allahabad HC(03.12.2018)

Allahabad High Court has ruled that land acquired under the National Highways Act, 1956 cannot be restored to its former owners despite its non-utilis.....

Tags : Allahabad High Court, National Highways Act



Same Person can’t be Investigating Officer and Complainant in NDPS Cases: Delhi HC(03.12.2018)

Delhi High Court has reiterated that proceedings under Narcotic Drugs and Psychotropic Substances Act, 1985 stand vitiated if the same person acts as .....

Tags : Delhi High Court, NDPS Act



Kerala High Court: Banks Cannot Make Customer Pay for Fraudulent Online Transaction(18.10.2019)

Kerala High Court has held that banks cannot recover the money withdrawn through fraudulent online transactions from cash credit and overdraft account.....

Tags : Kerala High Court, Online Transaction



Not Necessary to Appoint Prosecutor of Victim's Choice Under SC/ST Act: Delhi HC(28.01.2019)

Delhi High Court has held that it is not necessary for the Magistrate to appoint an advocate of the victim's choice to act as the public prosecutor un.....

Tags : Delhi High Court, Not Necessary to Appoint Prosecutor of Victim's Choice Under SC/ST Act



Casual Act of Possession Over Property Doesn't Confer Possessory Title: SC(30.01.2019)

Supreme Court has observed that a casual act of possession does not have the effect of interrupting the possession of the rightful owner.

Tags : Supreme Court, Casual Act of Possession



CD Admissible in Evidence in Family Court Even Without Certification : Kerala HC(30.01.2019)

Kerala High Court has held that a compact disc (CD) is admissible in evidence in proceedings in Family Court even without certification under Section .....

Tags : Kerala High Court, Compact disc(CD) is admissible



No Arrest Under Section 91 Finance Act Without Notice and Hearing: SC(01.02.2019)

Supreme Court has upheld the decision of Delhi High Court which held that following the procedure under Section 73A(3) and (4) of the Finance Act 1994.....

Tags : Supreme Court, Section 91 Finance Act



Violation of Mandatory Formalities Under NDPS Act 'Reasonable Ground' to Grant Bail: Kerala HC(04.02.2019)

Kerala High Court has held that violation of mandatory formalities under NDPS Act, including search procedure under Section 50 of Act, constitute "rea.....

Tags : Delhi High Court, NDPS Act



Magistrate can Pass Residence Order in DV Act with Regard to Property Situated Outside State: J&K HC(04.02.2019)

Jammu and Kashmir High Court has held that a Magistrate can pass 'Residence order' under Domestic Violence Act even with regard to property situated o.....

Tags : Jammu and Kashmir High Court, Domestic Violence Act



Allahabad High Court Stays Hiring of Contractual Employees by State Government(25.11.2019)

Allahabad High Court has restrained the State Government from engaging service providers to provide contractual employees against regular sectioned po.....

Tags : Allahabad High Court, Contractual Employees



Coverage on export transactions to Russia not withdrawn: Export Credit Guarantee Corporation of India(28.02.2022)

Export Credit Guarantee Corporation of India (ECGC) has clarified that the coverage on export transactions to Russia has not been withdrawn. It has be.....

Tags : Coverage, Export transactions, ECGC



Transactions in Government securities by Foreign Portfolio Investors: Reporting(07.06.2021)

1. Over the counter (OTC) transactions in Government securities (including State Development Loans and Treasury Bills) undertaken by market participan.....

Tags : Transactions, Government securities, FPI



Genpact VP's Suicide Case: Allahabad High Court Stays Arrest of Genpact Staff Till March 6(14.01.2019)

Allahabad High Court has granted an interim stay on the arrest of Genpact employees, who have been accused of abetting the suicide of assistant vice-p.....

Tags : Allahabad High Court, Genpact VP's Suicide Case



MCA Extends Due Date of Filing Annual Return and Financial Statement(31.10.2019)

Ministry of Corporate Affairs (MCA) has extended the due date of filing of Forms MGT-7 (Annual Return) and AOC-4 (Financial Statement) under the Compa.....

Tags : Ministry of Corporate Affairs, Companies Act,2013, Extension of date



SC: Signed Carbon Copy As Good As Original in Evidence(31.10.2019)

Supreme Court has held that signed carbon copy of a document is as good as the original document and can be admissible as a primary evidence under Sec.....

Tags : Supreme Court, Indian Evidence Act



Madras HC Dismisses Plea Challenging Jammu and Kashmir Reorganization Act(01.11.2019)

Madras High Court has dismissed the plea challenging the Jammu and Kashmir Reorganization Act, 2019 as non-maintainable.

Tags : Madras High Court, Jammu and Kashmir Reorganization Act, 2019



MP High Court Reverses State Government Order of Revoking Pension of MISA Detainees(01.11.2019)

Madhya Pradesh HC has directed State Government to continue to pay the pension of 15 Maintenance of Internal Security Act (MISA) detainees.

Tags : Madhya Pradesh HC, Maintenance of Internal Security Act



Delhi HC: Possession of Single Cartridge without a Firearm Would Not Attract Liability under Arms Act(04.11.2019)

Delhi HC has observed that recovery of single cartridge from a person, without the recovery of firearm along with it, would not attract liability und.....

Tags : Delhi HC, Arms Act



BHC: Wife Entitled to Relief under DV Act Even After Divorce if She Continues to Cohabit with Spouse(07.11.2019)

Bombay High Court (BHC) has ruled that ten years after the decree of divorce has been passed wife is entitled to reliefs under the Protection of Women.....

Tags : BHC, DV Act



Supreme Court Forbids Seizure of Ancient Persian Artifacts(22.02.2018)

U.S. Supreme Court has ruled that Americans injured in a 1997 suicide bombing in Jerusalem cannot seize ancient Persian artifacts from a Chicago museu.....

Tags : U.S. Supreme Court, Artifacts



Company Directors Receiving Remuneration are Also 'Employees' Under ESI Act: SC(06.02.2019)

Supreme Court has held that Directors of Company, who are receiving remuneration, comes within the purview of "employee" under sub-section (9) of Sect.....

Tags : Supreme Court, Employees' State Insurance Act



Plaintiff has to Prove Actual Possession on Date of Filing Suit U/S - 38 SR Act: SC(07.02.2019)

Supreme Court has observed that in a suit filed under Section 38 of the Specific Relief Act, permanent injunction can be granted only to a person who .....

Tags : Supreme Court, Special Relief Act



Give Up Self Torturing Faith Based Practices: Madras HC(12.02.2019)

Madras High Court exhorted temple authorities to start thinking of giving up self-torturing faith based practices and said no God is expecting from an.....

Tags : Madras High Court, Self Torturing Faith Based Practices



Delhi High Court Junks Petition Seeking CBI Probe in Delhi Factory Fire(10.12.2019)

Delhi High Court has refused to entertain a petition seeking judicial as well as Central Bureau of Investigation probe in the Anaj Mandi fire incident.....

Tags : Delhi High Court, Delhi Factory Fire



Kerala HC: State Legislature does not have Power to Amend KVAT Act which is not in Existence Post-GST(12.12.2019)

Kerala High Court has ruled that the State Legislature did not have power to amend the Kerala Value Added Tax Act, 2003 which is not in existence afte.....

Tags : Kerala HC, KVAT Act



Supreme Court Repels Challenge Against Sec. 70 Of IT Act(02.04.2018)

Supreme Court has repelled challenge to the constitutional validity of Section 70 of the Information Technology Act 2000, which gives power to the gov.....

Tags : Supreme Court, Information Technology Act



FAMILY - Married Daughter has Right of Succession in Lease Premises Under Goa Succession Law: SC(14.03.2019)

Supreme Court has observed that a married daughter would have a right of succession in the "lease premises", as per the provisions of Goa Succession, .....

Tags : Supreme Court, Right of Succession in Lease Premises, Married Daughter,Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.



CRIMINAL - Cognizance Under MCOC Act Doesn't Automatically Enable Court to Frame Charges: Bombay HC(14.03.2019)

Bombay High Court has held that merely because cognizance of a complaint under Maharashtra Control of Organised Crimes (MCOC) Act, 1999 is taken, it d.....

Tags : Bombay High Court, Maharashtra Control of Organised Crimes (MCOC) Act, 1999



CRIMINAL - Mere Use of Word 'Harijan' During Speech Not an Offence Under SC-ST Act: Orissa HC(14.03.2019)

Orissa High Court has observed that mere use of word 'Harijan' during the course of speech, without intention to insult anybody, does not fall within .....

Tags : Orissa High Court, Harijan, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,1989.



FAMILY - Preferential Right U/S- 22 of Hindu Succession Act Applicable to Agricultural Land: SC(15.03.2019)

Supreme has held that the preferential right given to an heir of a Hindu under Section 22 of the Hindu Succession Act, 1956 is applicable even if the .....

Tags : Bombay High Court, Hindu Succession Act, Section-22, Agricultural Land



Delhi HC Directs Police to Look Into Plea for Opening Road Stretch Closed Due to Anti-CAA Protests(14.01.2020)

Delhi High Court has disposed off a Public Interest Litigation seeking reopening of the Kalindi Kunj - Shaheen Bagh stretch which is currently closed .....

Tags : Delhi high Court, Shaheen Bagh, Citizenship Amendment Act



TRAI releases Report on Activities for the period 1st January 2019 to 31st December 2019(13.08.2020)

Telecom Regulatory Authority of India (TRAI) has today released the Report on Activities for the period 1st January 2019 to 31st December 2019. The Re.....

Tags : Report, Release, Activities



Rules regarding quoting of PAN for specified transactions amended(15.12.2015)

To bring a balance between burden of compliance on legitimate transactions and the need to capture information relating to transactions of higher valu.....

Tags : Permanent account number, black money, transactions



Syncing of ITC (IIS), 2022- Schcdule-1 (Import Policy) with the Finance Act, 2022 (No. 6 of 2022) dated 30.03.2022(07.07.2022)

1.In exercise of powers conferred by Section 3 read with Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 (as amended from time t.....

Tags : Syncing, Import Policy, Finance Act



CIVIL - SC Strikes Down Rs. 6,300-cr Food Contracts(11.03.2019)

Supreme Court (SC) has struck down tenders worth Rs 6,300 crore issued in 2016 by the Maharashtra women and child development department for supplying.....

Tags : Supreme Court, Food Contracts, Take Home Ration (THR)



CIVIL - SC Warns Haryana on Damage to Aravalli Range(11.03.2019)

Supreme Court has warned Haryana Government that it will be in "trouble" if it will do "anything" with Aravalli hills or forest area by passing amendm.....

Tags : Supreme Court, Punjab Land Preservation Act (PLPA), 1900, Aravalli Range



Supreme Court: Contractual Workers Entitled to Provident Fund Benefits(20.01.2020)

Supreme Court has ruled that casual workers are entitled to social security benefits under the Employees’ Provident Funds and Miscellaneous Provisions.....

Tags : Supreme Court, Contractual Workers



Supreme Court Issues Notice on Plea Challenging Validity of NIA Amendment Act, 2019(20.01.2020)

Supreme Court has issued a notice to the Centre on a Writ Petition which challenged the Constitutional Validity of the National Investigation Agency (.....

Tags : Supreme Court, National Investigation Agency (Amendment) Act 2019



Allahabad High Court: Section 164(2) of Companies Act is Constitutionally Valid(21.01.2020)

Allahabad High Court has upheld the constitutional validity of Section 164(2) of the Companies Act, 2013, which stipulates that a Director whose compa.....

Tags : Allahabad High Court, Constitutional Validity, Section 164 (2) Companies Act, 2013



AAR: Activity Concerning Any Function Entrusted to Panchayat or Municipality, Exempted from GST(22.01.2020)

Authority for Advance Ruling, Goa has held that the activities in relation to any function entrusted to a Panchayat or Municipality are exempted from .....

Tags : Authority for Advance Ruling, Activity of Panchayats or Municipality



CAA Petitions: SC Refuses to Grant Stay on Citizenship Amendment Act(22.01.2020)

Supreme Court has refused to grant any stay on the Citizenship Amendment Act (CAA) without hearing the Centre and said it may refer pleas challenging .....

Tags : Citizenship Amendment Act



Supreme Court Grants Four Weeks Time to Centre for Reply in Citizenship Amendment Act Hearing(22.01.2020)

Supreme Court has granted four weeks to the Central Government to respond to 140 Writ Petitions filed for challenging the constitutional validity of t.....

Tags : Supreme Court, Citizenship Amendment Act



CBIC Sets Deadline for Deactivation of Facility of Beneficiary Uploading Documents Through e-SANCHIT(22.01.2020)

Central Board of Indirect Taxes and Customs (CBIC) has said that the facility of beneficiary uploading the documents through e-SANCHIT will be deactiv.....

Tags : Central Board of Indirect Taxes and Customs, Deadline for Deactivation of Uploading Documents Through e-SANCHIT



Supreme Court Refuses to Stay Citizenship Amendment Act Without Hearing Centre(23.01.2020)

Supreme Court has refused to grant a stay on the Citizenship Amendment Act, 2019 (CAA) without hearing the Centre. The Court has declined to take note.....

Tags : Supreme Court, Citizenship Amendment Act



Kerala HC Stays Proposed Anti- Citizenship Amendment Act Resolution by District Panchayath(23.01.2020)

Kerala High Court has stayed a move of District Panchayath, Kasargode to pass a resolution against Citizenship Amendment Act, 2019.

Tags : Kerala High Court, Citizenship Amendment Act



Bombay High Court Asks Petitioner Challenging Citizenship Amendment Act to Approach Supreme Court(23.01.2020)

Bombay High Court has refused to hear a Public Interest Litigation filed by Urmila Kowe challenging the constitutional validity of the Citizenship Ame.....

Tags : Bombay High Court, Citizenship Amendment Act



Advocate Loses Right to Practice When He Enters into Full Time Salaried Employment: Allahabad HC(17.04.2019)

Allahabad High Court has observed that a person enrolled as an advocate ceases to be one as soon as he/she takes a full time salaried employment even .....

Tags : Allahabad High Court, Right to Practice



Person Ineligible to be Arbitrator U/S. 12(5) of Arbitration Act can’t Appoint Another Arbitrator: SC(17.04.2019)

Supreme Court has held that the appointment of arbitrator by a person who himself is ineligible to be an arbitrator as per Section 12(5) of Arbitratio.....

Tags : Supreme Court, Ineligible to be Arbitrator, Arbitration Act



RERA Doesn’t Bar Homebuyers Complaint Under Consumer Protection Act Against Builder: NCDRC(18.04.2019)

National Consumer Disputes Redressal Commission (NCDRC) has held that Real Estate (Regulation and Development) Act, 2016 (RERA) does not bar filing of.....

Tags : NCDR, Homebuyers, Consumer Protection Act, RERA



Amend Employees State Insurance Act to Cover Internal Injuries: Madras HC(18.04.2019)

Madras High Court has recommended that Centre should amend the Employees State Insurance Act, 1948, to cover internal injuries suffered by employees.

Tags : Madras High court, Employees State Insurance Act, Internal Injuries



Notice Demanding Loan Amount Not Invalid if it is Same as Cheque Amount: SC(19.04.2019)

Supreme Court has observed that a demand notice issued under Section 138 of Negotiable Instruments Act, claiming 'loan amount', does not become invali.....

Tags : Supreme Court, Section 138 of Negotiable Instruments Act



Madras HC to Suo Motu Test Constitutional Validity of Section 36B of Advocates Act, 1961(02.03.2020)

Madras High Court has decided to suo moto consider the validity of Section 36B of the Advocates Act, 1961, in as much as it stipulates that in case a .....

Tags : Madras High Court, Constitutional Validity of Section 36B of The Advocates Act



Employees of 'Local Bodies' Entitled to Gratuity Under Payment of Gratuity Act: SC(03.04.2019)

Supreme Court has held that the employees of the local bodies like Municipalities are entitled for gratuity under Payment of Gratuity Act, 1972.

Tags : Supreme Court, Employees of Local Bodies, Gratuity Act



Employees of 'Local Bodies' Entitled to Gratuity Under Payment of Gratuity Act: SC(03.04.2019)

Supreme Court has held that the employees of the local bodies like Municipalities are entitled for gratuity under Payment of Gratuity Act, 1972.

Tags : Supreme Court, Employees of Local Bodies, Gratuity Act



One Sided Clauses in Builder-Buyer Agreements is Unfair Trade Practice: SC(03.04.2019)

Supreme Court has held that the incorporation of one-sided clauses in a builder-buyer agreement constitutes an unfair trade practice as per Section 2 .....

Tags : Supreme Court, Builder-Buyer Agreement, Unfair Trade Practice



RDBA, SARFAESI, IBC Don't Prevail Over PMLA, Must be Harmonically Construed: Delhi HC(04.04.2019)

Delhi High Court has held that Recovery of Debts and Bankruptcy Act, SARFAESI Act and Insolvency and Bankruptcy Code don't prevail over provisions of .....

Tags : Delhi High Court, Prevention of Money-Laundering Act



Section 50C can’t be Applied When Property Sold Under Pressure: ITAT(05.04.2019)

Income Tax Appellate Tribunal (ITAT), Chennai bench has held that the provisions of Section 50C of the Income Tax Act, 1961 cannot be applied when the.....

Tags : ITAT, Chennai Bench, Section 50 C Income Tax Act



NCLAT Upholds CCI's Findings on Anti-Competitive Conduct by Malayalam Cinema Actors Body(18.03.2020)

National Company Law Appellate Tribunal has dismissed a bunch of Appeals filed by the Film Employees Federation of Kerala, Association of Malayalam Mo.....

Tags : National Company Law Appellate Tribunal, Malayalam Cinema Actors Body



Bombay HC Dismisses Petition Challenging Validity of the Official Languages Act, 1963(18.03.2020)

Bombay High Court has dismissed a petition filed by two societies, Rashtrabhasha Mahasangh and Mumbai Rashtriya Rashtrabhasha Prachar Sabha praying to.....

Tags : Bombay High Court, Official Languages Act, 1963



Wrong Name in Assessment Order Can’t be Cured by Invoking Section 292B: ITAT(19.07.2018)

Income Tax Appellate Tribunal (ITAT) held that mentioning of wrong name in an assessment order cannot be cured by invoking Section 292B of Income Tax .....

Tags : Income Tax Appellate Tribunal, Section 292B of Income Tax Act, 1961



Financial Crisis is a ‘Reasonable Cause’ for Delayed Deposit of TDS: ITAT(19.07.2018)

Income Tax Appellate Tribunal (ITAT) held that financial crisis can be a reasonable cause for not depositing the TDS amount with the Government accoun.....

Tags : Income Tax Appellate Tribunal, Section 273B of IT Act



Supreme Court: Essential Religious Practices, If Biased, Can be Struck Down(26.07.2018)

Supreme Court while making It clear that fundamental rights do not offer iron cast protection for “essential and integral” religious practices observe.....

Tags : Supreme Court, Essential Religious Practices



Delhi High Court: Ensure Employees Paid as per Service Contract Every Month(30.05.2019)

Delhi High Court has directed the municipal corporations of North and East Delhi to ensure salaries are disbursed to their employees, including doctor.....

Tags : Delhi High Court, Contract



Supreme Court: Section 148 of Negotiable Instruments Act, 1881 Has Retrospective Effect(30.05.2019)

Supreme Court has observed that Section 148 of the Negotiable Instruments Act, 1881 as amended, shall be applicable in respect of the appeals against .....

Tags : Supreme Court, Negotiable Instruments Act



Finance Ministry Defers Enforcement of Amendments to Indian Stamp Act Till 1st July(31.03.2020)

Finance Ministry has deferred the date for enforcement of the amendments to the Indian Stamp Act, 1899, as proposed under Part I, Chapter IV of the Fi.....

Tags : Finance Ministry, Indian Stamp Act



Central Government exempts specified goods from the whole of goods and service tax compensation cess leviable under Customs Tariff Act(12.07.2024)

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) read with sub-section (12) of section 3, of.....

Tags : Special Economic Zone, Goods and Services Tax, Customs Tariff Act



Guidelines under Section 194Q of the Income-Tax Act 1961(30.06.2021)

1. Finance Act, 2021 inserted a new section 194Q in the Income-tax Act 1961 (hereinafter referred to as "the Act") which takes effect from 1st day of .....

Tags : Guidelines, Section 194Q of IT Act, 1961



ITAT Erases Addition by TPO on Transaction of Rendering Marketing Services of Channel Placement Right(23.01.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has deleted the addition by Transfer Pricing Officer on the ground that the transaction of rendering mark.....

Tags : Income Tax Appellate Tribunal, Addition on Transaction of Rendering Marketing Services



Supreme Court Says It Cannot Pass a Blanket Order on Invoking National Security Act(27.01.2020)

Supreme Court has said that it could not pass a blanket order on a plea which sought to restrain the Government from invoking the National Security Ac.....

Tags : Supreme Court, National Security Act



Supreme Court Issues Notice to Centre on Fresh Pleas Challenging National Population Register(28.01.2020)

Supreme Court has issued notices on a fresh Petition challenging the National Population Register as violative of citizens’ fundamental right to priva.....

Tags : Supreme Court, Citizenship Amendment Act



Supreme Court Issues Notice on Plea Against Transgender Act(28.01.2020)

Supreme Court has issued notices to the Law Ministry seeking an explanation from the Government on the legality of clauses in the Transgender Persons .....

Tags : Supreme Court, Transgender Act



Punjab and Haryana High Court Strikes Down Punjab Action Plan Clauses(28.01.2020)

Punjab and Haryana High Court has struck down Clauses 1 to 3 of The Punjab Action Plan, 2014, which provided summary eviction procedure for eviction f.....

Tags : Punjab and Haryana High Court, Punjab Action Plan Clauses



Transwoman Also a Bride Under Hindu Marriage Act: Madras HC(24.04.2019)

Madras High Court has held that as per Hindu Marriage Act, a transsexual is also a "bride" and the term would not necessarily refer only to a woman.

Tags : Madras High Court, Transwoman, Hindu Marriage Act



CIC: Staff Entitled To Know About Financial Status of Company(25.04.2019)

Central Information Commission (CIC) has held that employee is entitled to know under Right To Information Act 2005 about the financial status of the .....

Tags : Central Information Commission, Right To Information Act 2005



Bombay HC: Once Divorce Is Granted, Relief Can't Be Sought Under DV Act(25.04.2019)

Bombay High Court has held that once a decree of divorce has been granted, relief cannot be sought by under the Domestic Violence Act.

Tags : Bombay HC, Domestic Violence Act



Madras HC Suggests Amending POCSO Act to Exclude Consensual Sex After Age of 16(29.04.2019)

Madras High Court has suggested exclusion of consensual sex after 16 years of age from purview of POCSO Act and also observed that a relationship betw.....

Tags : Madras High Court, POSCO Act



Demand Notice U/S 138 NI Act Need Not be Sent Through Advocate: Tripura HC(30.04.2019)

Tripura High Court has held that there is no requirement in the Negotiable Instruments Act that the demand notice under Section 138 of the Act is to b.....

Tags : Tripura High Court, Section 138 Negotiable Instruments Act



Categorizing Unskilled Employees As Semi-Skilled on Basis of Their Experience is Ultra Vires: SC(02.05.2019)

Supreme Court has held that categorization of unskilled employees as semiskilled and semi-skilled as skilled on the basis of their experience in the n.....

Tags : Supreme Court, Minimum Wages Act, Skilled Employees



SC: Section 4(5) of Gratuity Act Applies Only When Options for Employee Under the Act(01.05.2020)

Supreme Court has held that Section 4(5) of the Payment of Gratuity Act, 1972 will apply only when there are alternative options for the employee unde.....

Tags : Supreme Court, Payment of Gratuity Act



Bombay HC: Provision Mandating Pre-deposit for Filing Appeal under Customs Act is Constitutional(26.06.2017)

Bombay High Court has upheld constitutional validity of Section 129E of Customs Act, 1962 mandating pre-deposit for filing 7.5% of demand on first app.....

Tags : Bombay HC, Customs Act



#GST Rollout: Govt Starts Registration for GST Practitioners(26.06.2017)

Govt has opened registration for GST Practitioners. Standardised formats (GST PCT-1 to GST PCT- 5) have been prescribed for making application for enr.....

Tags : GST Practitioners, GST



Lok Sabha Passes Amendments to SC/ST Act(07.08.2018)

Lok Sabha has unanimously passed the SC/ST amendment Bill which nullifies requirements imposed by Supreme Court of undertaking preliminary inquiry and.....

Tags : Lok Sabha, SC/ST Act



Rajya Sabha Passes Bill to Restore SC/ST Act(10.08.2018)

Rajya Sabha has passed the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, which seeks to overturn a Supreme Cou.....

Tags : Rajya Sabha, SC/ST Act



Absence of Witness Signatures on Arrest Memo is Sufficient to Assume Wrongful Detention: Calcutta HC(16.08.2018)

Calcutta High Court has asserted that absence of witness signatures on arrest memo is sufficient to discharge the onus on the accused to establish tha.....

Tags : Calcutta High Court, NDPS Act



ITAT Delhi Allows Addition Since Share Transactions are Sham Transactions to evade Tax(27.06.2019)

Income Tax Appellate Tribunal (ITAT) has allowed an addition by finding that the share transaction leading to long term capital gain were actually sha.....

Tags : ITAT Delhi, Sham Transactions



Gujarat HC: Section 84A of Gujarat Value Added Tax is Unconstitutional(21.04.2020)

Gujarat High Court has struck down Section 84A of the Gujarat Value Added Tax Act, 2003 holding that the provision is ultra vires and beyond the legis.....

Tags : Gujarat High Court, Section 84A Gujarat Value Added Tax Act



Allahabad HC Dismisses Plea to Quash Notices to Recover Public Loss from Anti-CAA Protesters(12.02.2020)

Allahabad High Court has dismissed a Petition challenging notices issued by the District Administration of State of Uttar Pradesh to recover damages f.....

Tags : Allahabad High Court, Damages for Loss of Public Property, Anti- Citizenship Amendment Act Protests



SC: Complaint u/s 138 NI Act Cannot be Quashed When Disputed Question of Facts are Involved(12.02.2020)

Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act, 1881 cannot be quashed when disputed qu.....

Tags : Supreme Court, Complaint under Section 138 Negotiable Instruments Act, 1881



Allahabad High Court Stays Recovery Notice to Man Accused of Damage to Public Property(14.02.2020)

Allahabad High Court has stayed the recovery notice issued to a Kanpur man accused of destroying public property during the anti- Citizenship Amendmen.....

Tags : Allahabad High Court, Recovery Notice, Citizenship Amendment Act Protests



Bombay High Court: Peaceful Citizenship Amendment Act Opposers Not Traitors, Anti- Nationals(17.02.2020)

Bombay High Court has said in an order challenging the denial of police permission to an agitation against the Citizenship Amendment Act, 2019 that th.....

Tags : Bombay High Court, Citizenship Amendment Act



Supreme Court Lifts Curbs on Construction Activities(17.02.2020)

Supreme Court has lifted all restrictions on construction activities in Delhi National Capital Region as air quality has improved.

Tags : Supreme Court, Construction Activities



Bombay HC Asks Centre to Submit Procedure in Application Against Unlawful Activities of Organization(17.02.2020)

Bombay High Court has asked the Centre to submit on record the procedure followed in deciding an application seeking a ban on an organisation for indu.....

Tags : Bombay High Court, Procedure for Application, Unlawful Activities of Organization



SC: Rebuttal of Presumption u/s 139 NI Act Can Only be Done After Adducing Evidence(24.02.2020)

Supreme Court has observed that the rebuttal of presumption available under Section 139 of the Negotiable Instruments Act, 1881 can only be done after.....

Tags : Supreme Court, Rebuttal of Presumption u/s 139 NI Act



Supreme Court: Marriage Contracted During Pendency of Appeal from Divorce Decree Not Void(24.02.2020)

Supreme Court has observed that a marriage contracted during the pendency of an Appeal from a divorce decree is not void ab initio especially when suc.....

Tags : Supreme Court, Marriage Contracted During Pendency of Appeal from Divorce



Allahabad High Court: SC/ST Act Applies if Offence is Public(25.02.2020)

Allahabad High Court has set aside an order of summoning under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/.....

Tags : Allahabad High Court, Applicability of SC/ST Act



Allahabad HC Directs U.P. DGP to Take Action Against Policemen Involved in Injuring Students(25.02.2020)

Allahabad High Court has directed the Uttar Pradesh Director General of Police (DGP) to identify and take action against the policemen who were involv.....

Tags : Allahabad High Court, Action Against Policemen, Citizenship Amendment Act, 2019



Delhi High Court Issues Notice to Centre Over Green Nod for Central Visa(25.02.2020)

Delhi High Court has issued notices to the Centre and the Central Public Works Department asking them to respond to the plea seeking that no environme.....

Tags : Delhi High Court, Action Against Policemen, Green Nod for Central Visa



Delhi High Court Orders Police to Take Action Against Four BJP Leaders(27.02.2020)

Delhi High Court has said that it would not allow a repeat of the 1984 anti-Sikh riots and has directed the Delhi Police Special Commissioner to take .....

Tags : Delhi High Court, Action Against Four BJP Leaders



NHAI Clears Contractors’ Bills Worth Rs 25,000 Crore(01.04.2020)

National Highways Authority of India (NHAI) has cleared bills worth Rs. 25,000 Crore owed to contractors in March, 2020, expediting the process after .....

Tags : National Highways Authority of India, Contractors' Bills



SC: 'Ex Post Facto' Environmental Clearance Unsustainable in Law(02.04.2020)

Supreme Court has observed that the concept of 'ex post facto' Environmental Clearance (EC) is against the fundamental principles of environmental jur.....

Tags : Supreme Court, 'Ex Post Facto' Environmental Clearance



AAR, Karnataka: 12% GST Applicable on Street Lighting Activity, Not Eligible for Exemption(03.04.2020)

Authority of Advance Ruling (AAR), Karnataka has ruled that a 12% goods and services tax is applicable to street lighting activity and is not eligible.....

Tags : Authority of Advance Ruling, Street Lighting Activity



Madras HC Directs State to File Report on Action Taken by Police Against Lockdown Violators(06.04.2020)

Madras High Court has asked the State Government to file a report on lockdown violations and the action taken by the Police against such violators, wi.....

Tags : Madras High Court, Police Action, Lockdown Violation



Bombay HC Issues Notice in Plea Challenging Distinction Between Accused Under IPC & Special Acts(06.04.2020)

Bombay High Court has issued notice to the State of Maharashtra, Maharashtra Prison Department, Director General of Prisons and the Undertrial Review .....

Tags : Bombay High Court, Distinction Between Accused Under IPC & Special Acts



Bombay HC Issues Notice in Plea Challenging Distinction Between Accused Under IPC & Special Acts(06.04.2020)

Bombay High Court has issued notice to the State of Maharashtra, Maharashtra Prison Department, Director General of Prisons and the Undertrial Review .....

Tags : Bombay High Court, Distinction Between Accused Under IPC & Special Acts



SC: Purpose of Compensation Under MV Act is to Restore the Aggrieved to Position Prior to Accident(24.08.2018)

While enhancing the compensation awarded to the victim by the Motor Accident Claims Tribunal by almost three times, the Supreme Court observed that th.....

Tags : Supreme Court, Motor Vehicles Act



Punjab & Haryana HC: NDPS Bail Conditions Are Discriminatory, Irrational(27.08.2018)

Punjab & Haryana High Court has held that bail conditions enumerated under second part of Section 37 (1)(b)(ii) OF NDPS Act which requires a satisfact.....

Tags : Punjab & Haryana High Court, NDPS Act



Supreme Court Defines Tests to Find Out Whether Contract Labourers are Direct Employees or Not?(12.06.2019)

Supreme Court has observed while applying tests laid down by precedents for determining whether a contract labourer is a direct employee or not has qu.....

Tags : Supreme Court, Contract Labourers



Supreme Court: Modifications by Lawyer on Mixed Questions of Fact and Law Cannot Bind Party(13.06.2019)

Supreme Court has observed that concessions made by a lawyer on mixed questions of fact and law cannot bind the party. The Court held that "Where a qu.....

Tags : Supreme Court, Mixed Questions of Fact and Law



Delhi HC: Prevention of Corruption (Amendment) Act Not to Operate Retrospectively(25.05.2020)

Delhi High Court has held that the Prevention of Corruption (Amendment) Act, 2018, so far as it substitutes Section 13(1)(d) of the principal Act, doe.....

Tags : Delhi High Court, Prevention of Corruption (Amendment) Act , 2018



SC Allows Tamil Nadu Government to Use Floors of Hospital Facing Demolition Action(28.05.2020)

Supreme Court has allowed Tamil Nadu Government to use the floors of a hospital facing a demolition action on the ground of unauthorized construction .....

Tags : Supreme Court, Hospital Facing Demolition Action



SC: Tax Authorities Can't Give Their Own Interpretations on Perception of Trade Practices(04.05.2020)

Supreme Court has observed that tax Administration Authorities cannot give their own interpretation to legislative provisions on the basis of their ow.....

Tags : Supreme Court, Interpretations on Perception of Trade Practices



Karnataka Govt Passes Amendment Act to Provide Horizontal Reservation for Karnataka Students(05.05.2020)

Karnataka Government has given the assent to the National Law School of India (Amendment) Act, 2020, whereby National Law School of India, Bengaluru s.....

Tags : Karnataka Government, National Law School of India (Amendment) Act, 2020



Kerala HC Quashes Decision to Exclude JV of Contractor Accused of 'Palarivattom Flyover Scam'(05.05.2020)

Kerala High Court has reiterated the principle that the blacklisting of a contractor cannot be done without affording an opportunity of prior hearing......

Tags : Kerala High Court, Blacklisting of Contractor



Madras HC Dismisses Plea for Total Prohibition of Manaufacture, Sale & Consumption of Alcohol(06.05.2020)

Madras High Court has refused to entertain Writ Petitions seeking absolute ban on manufacture, sale and consumption of alcohol in the State of Tamil N.....

Tags : Madras High Court, Manaufacture, Sale & Consumption of Alcohol



SC: HC May Decline to Entertain Writ Petition Which Raises Complex Questions of Facts(08.05.2020)

Supreme Court has stated that the High Court may decline to entertain a Writ Petition when it raises complex questions of facts.

Tags : Supreme Court, Complex Questions of Facts



Kerala HC Declares Kerala Tax on Paper Lotteries Act Unconstitutional(11.05.2020)

Kerala High Court has declared that the Kerala Tax on Paper Lotteries Act, 2005 is unconstitutional, observing that the Act was lacking legislative co.....

Tags : Kerala High Court, Kerala Tax on Paper Lotteries Act



Lok Sabha Passes Unlawful Activities (Prevention) Amendment Bill, 2019(25.07.2019)

Lok Sabha has passed a bill namely the Unlawful Activities (Prevention) Amendment Bill, 2019 to amend an anti-terror law aimed at allowing the Governm.....

Tags : Lok Sabha, Unlawful Activities (Prevention) Amendment Bill, 2019



SC Permits Interaction of Party-In-Person with Registrar Through Video Conferencing Mode(13.07.2020)

Supreme Court has issued a circular permitting the interaction of Party-in-Person with the Registrar through Video Conferencing mode also.

Tags : Supreme Court, Interaction of Party-In-Person with Registrar



P&H HC: Variations in Facts by Witness is Natural in Depositions(14.07.2020)

Punjab and Haryana High Court has asserted that in a criminal case, "one cannot be expected to have an eidetic/photographic memory" and that "slight c.....

Tags : Punjab and Haryana High Court, Variations in Facts by Witness



Central Government Notifies Date for Provisions of Consumer Protection Act to Come Into Force(17.07.2020)

Central Government has issued a notification stating that most of the provisions of the Consumer Protection Act, 2019 shall come into force on 20th Ju.....

Tags : Central Government, Consumer Protection Act, 2019



HP HC: Contractual Workers Also Entitled to Benefits Under Maternity Benefits Act(20.07.2020)

Himachal Pradesh High Court has held that the benefit of maternity leaves is available to contractual employees also, with all consequential benefits,.....

Tags : Himachal Pradesh High Court, Maternity Benefit, Contractual Employees



Uttarakhand HC Upholds Constitutional Validity of Uttarakhand Char Dham Devasthanam Management Act(21.07.2020)

Uttarakhand High Court has dismissed a Public Interest Litigation challenging the constitutional validity of Uttarakhand Char Dham Devasthanam Managem.....

Tags : Uttarakhand High Court, Uttarakhand Char Dham Devasthanam Management Act



Tripura HC: Wife's Repeated Refusal to Return with Husband Mitigating Factor at Time of Sentencing(22.07.2020)

Tripura High Court has reduced the sentence of a man, convicted for throwing acid on his wife, while holding that his frustration, caused due to the w.....

Tags : Tripura High Court, Mitigating Factor at Time of Sentencing



Delhi High Court Explains Presence of Magistrate/GO Necessary for Search Under NDPS Act(31.07.2019)

Delhi High Court has explained the settled position of law that search of an accused under Section 50 of the Narcotic Drugs and Psychotropic Substance.....

Tags : Delhi High Court, NDPS Act



Delhi High Court to Govt: Form Action Plan to Make Delhi Crime-Free for Women(01.08.2019)

Delhi High Court has observed while comparing the city to Mumbai where “women can walk freely in the night” then why can’t the Capital be safe for wom.....

Tags : Delhi High Court, Action Plan



Rajya Sabha Passes Unlawful Activities (Prevention) Amendment Bill, 2019(02.08.2019)

Rajya Sabha has passed the Unlawful Activities (Prevention) Amendment Bill, 2019. The Bill gives powers to the Central Government to designate an indi.....

Tags : Rajya Sabha, Unlawful Activities (Prevention) Amendment Bill, 2019



SC Explains Acquittal Does not Ipso Facto Exonerate Delinquent from Disciplinary Action(05.08.2019)

Supreme Court has ruled that acquittal by the Court of competent jurisdiction in a judicial proceeding does not ipso facto absolve the delinquent from.....

Tags : SC, Disciplinary Action



Bombay HC: No Straight Jacket Formula as to How a Woman Will React to an Act of Outrage(27.07.2020)

Bombay High Court has remarked that there cannot be a straight jacket formula as to how a woman will react to an act of outrage by a male.

Tags : Bombay High Court, Act of Outrage Against Woman



Bombay HC: No Straight Jacket Formula as to How a Woman Will React to an Act of Outrage(27.07.2020)

Bombay High Court has remarked that there cannot be a straight jacket formula as to how a woman will react to an act of outrage by a male.

Tags : Bombay High Court, Act of Outrage Against Woman



Bombay HC: No Straight Jacket Formula as to How a Woman Will React to an Act of Outrage(27.07.2020)

Bombay High Court has remarked that there cannot be a straight jacket formula as to how a woman will react to an act of outrage by a male.

Tags : Bombay High Court, Act of Outrage Against Woman



Groundwater Extraction: Madras High Court Directs Tamil Nadu Not to Grant Licenses for Commercial Use(04.10.2018)

Madras High Court has upheld the orders of State government imposing certain restrictions on extraction of groundwater for commercial purposes by esta.....

Tags : Madras High Court, Ground Water Extraction



No Bar for Developer for Specific Performance of Development Agreement in Sec.14(3)(c) SR Act : SC(10.10.2018)

Supreme Court has held that Section 14(3)(c) of Special Relief Act does not bar a developer from seeking specific performance of development agreement.....

Tags : Supreme Court, Special Relief Act



Allahabad HC Upholds Constitutional Validity of Appeal Provision under SC/ST Amendment Act(11.10.2018)

Allahabad High Court has upheld the constitutional validity of Section 14A (2) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, which make.....

Tags : Allahabad High Court, SC/ST Act



Supreme Court Upholds Validity of Provisions of TN VAT Act, 2006(20.08.2019)

Supreme Court of India has upheld the decision of the High Court of Judicature at Madras and has rejected a batch of writ petitions which challenged t.....

Tags : Supreme Court, TN Vat Act, 2006



Rajasthan HC Grants Time to Central Govt to File Progress Report on CAA(25.08.2020)

Rajasthan High Court on Wednesday granted a week's time to the Central Government to file a progress report on the drafting of rules for implementatio.....

Tags : Rajasthan High Court, Citizenship Amendment Act, 2019



Finance Ministry Notifies Section 100 of Finance Act, 2019(26.08.2020)

Ministry of Finance on Tuesday (August 25) notified that Section 100 of Finance Act, 2019 will come into force from 1st September, 2020.

Tags : Ministry of Finance, Finance Act, 2019



Finance Ministry Notifies Section 100 of Finance Act, 2019(26.08.2020)

Ministry of Finance on Tuesday (August 25) notified that Section 100 of Finance Act, 2019 will come into force from 1st September, 2020.

Tags : Ministry of Finance, Finance Act, 2019



SC: Legal Heirs of Deceased Convicted under Section 138 of NI Act Can Challenge Conviction(24.09.2019)

Supreme Court has held that legal heirs of a deceased convicted under Section 138 of Negotiable Instrument Act (NI Act) have right to challenge the co.....

Tags : Supreme Court, Negotiable Instrument Act



Supreme Court: Chief Judicial Magistrates Competent to Deal With Applications U/s 14 SARFAESI Act(24.09.2019)

In an important ruling, SC has held that a Chief Judicial Magistrate is equally competent to deal with the application moved by the secured creditor u.....

Tags : Supreme Court, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, Chief Judicial Magistrate



Supreme Court Amends its 2018 Verdict on SC/ST Act on Centre's Plea(01.10.2019)

Supreme Court has quashed its own verdict which introduced measures like prior inquiry before the arrest of an accused under the Scheduled Castes and .....

Tags : Supreme Court, SC/ST Act



MACT Orders Rs 1 Crore Payout to Family of Mumbai Man Killed by Bike(07.10.2019)

Motor Accident Claims Tribunal (MACT) has ordered an insurance company to pay a total compensation of around Rs 1 crore (including interest) to the fa.....

Tags : MACT, 1 Crore



Calcutta HC: Application u/s 9 Of A&C Act Can be Filed Where Part of Cause of Action has Arisen(14.10.2020)

Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act, 1996 can be filed where a part of the ca.....

Tags : Calcutta High Court, Application u/s 9 of the Arbitration and Conciliation Act, 1996



Borrower has No Right of Hearing in Proceedings U/S 14 SARFAESI Act: Karnataka HC(04.12.2018)

Karnataka High Court has held that borrower has no right of hearing in proceedings under Section 14 of the SARFAESI Act and set aside the general dire.....

Tags : Karnataka High Court, SARFAESI Act



Unauthorised Bulk Possession of Manufactured Drugs Triable Under NDPS Act As Well: SC(04.12.2018)

Supreme Court has held that persons who are found in bulk possession of manufactured drugs without any valid authorization can be tried under the Narc.....

Tags : Supreme Court, NDPS Act



RTI Not Applicable to Religious Institutions Not Funded by Government: T & AP HC(10.12.2018)

Telangana and Andhra Pradesh High Court has held that religious institutions like temples, churches, mosques, which are not financed/funded by the gov.....

Tags : Telangana & Andhra Pradesh High Court, Right to Information Act, 2005



SC Issues Notices to 5 States on Amendments in 2013 Land Acquisition Act(11.12.2018)

Supreme Court has issued a notice in a writ petition challenging certain amendments made by state governments to the Right to fair Compensation and Tr.....

Tags : Supreme Court, Amendments in 2013 Land Acquisition Act



Bombay High Court: Fundamental Duty of MACT to Arrive at Conclusion and Award Fair Compensation(14.10.2019)

Bombay High Court has ruled that it is the fundamental duty of Motor Accident Claims Tribunal to arrive at a proper conclusion and award just and fair.....

Tags : Bombay High Court, MACT



Delhi HC Issues Notice in Plea Challenging Provisions of Special Marriage Act, 1954(07.10.2020)

Delhi High Court has issued notice in a plea challenging the provisions of the Special Marriage Act, 1954 that require inter-faith couples to send a n.....

Tags : Delhi High Court, Special Marriage Act, 1954



Gujarat HC Raps State Government for Invoking PASA Act on Basis of Religious Sentiments(27.10.2020)

Gujarat High Court has rapped the State Government for making religious sentiments the basis for invoking Prevention of Anti-Social Activities Act, 19.....

Tags : Gujarat High Court, Prevention of Anti-Social Activities Act, 1985



MP HC: BCI Has Power to Frame Rules for Conditions for Permitting Person to Practice as Advocate(28.10.2020)

Madhya Pradesh High Court has observed that an advocate getting enrolled under Section 24 of the Advocates Act, 1961 can be subjected to further condi.....

Tags : Madhya Pradesh High Court, Conditions for Permitting Person to Practice as Advocate



Supreme Court Seeks High Courts' Response on 'Draft Rules of Criminal Practice'(28.10.2020)

Supreme Court has during the suo moto proceedings related to inadequacies and inefficiencies in the criminal trial system, sought the response of all .....

Tags : Supreme Court, 'Draft Rules of Criminal Practice'



Patna High Court Calls for Action Taken Report from Bihar Government Within 4 Weeks(30.10.2020)

Patna High Court recently asked the State Government to file a status report regarding filling up the posts of Sub-Inspectors and Constables in the St.....

Tags : Patna High Court, Action Taken Report from Bihar Government



SC: All Investigative Powers Vested in Officer Vested in Officers Designated Under NDPS Act(30.10.2020)

Supreme Court has observed that all the investigative powers vested in an officer in charge of a police station under the Code of Criminal Procedure, .....

Tags : Supreme Court, Officers Designated Under NDPS Act



Kerala HC: Akbari Officers Can Register Crimes Under Akbari Act(02.11.2020)

Kerala High Court has held that the Abkari Officers, can register a crime under Abkari Act, 1077, by invoking Section 154 of Criminal Procedure Code, .....

Tags : Kerala High Court, Register Crimes Under Akbari Act



Interest on Compensation Amount to be Awarded from Date of Accident: SC(03.11.2018)

Supreme Court has observed that while awarding interest on the compensation to an employee, under the Workmen’s Compensation Act, it is to be awarded .....

Tags : Supreme Court, Workmen’s Compensation Act



SC: Legal Metrology Act Eliminates Only Those Offence with Regard to Weight or Measure under IPC(05.09.2019)

Supreme Court has ruled that though Section 3 of the Legal Metrology Act, 2009 completely overrides the provisions of Chapter 13 of the Indian Penal C.....

Tags : SC, Legal Metrology Act



Supreme Court: Decree Against Plaintiff by Default Bars New Suit on Same Cause of Action(10.09.2019)

Supreme Court has ruled that the decree against Plaintiffs by default bars fresh suit on the same cause of action by their successors in title. The Co.....

Tags : Supreme Court, Cause of Action



Supreme Court Explains Protection from SARFAESI Act not Available to 'Tenant-In-Sufferance'(13.09.2019)

Supreme Court has explained the interplay between laws of tenancy and debt recovery and has ruled that protection from recovery proceedings under the .....

Tags : Supreme Court, SARFAESI Act



Karnataka HC Issues Notice to State Govt on Plea Challenging Amendment to Land Reforms Act(28.09.2020)

Karnataka High Court has issued notice to the State Government on a Petition challenging the constitutional validity of the Karnataka Land Reforms Act.....

Tags : Karnataka High Court, Land Reforms Act



SC: Factories Act Notification Indicative of Intention to Force Workers into Servitude(05.10.2020)

Supreme Court has observed that the Gujarat Government's notification increasing the working hours of factory workers and exempting factories in the S.....

Tags : Supreme Court, Factories Act notification



SC: Self-Serving Statements on Income will not be Enough to Prove Readiness and Willingness(19.09.2019)

Supreme Court has observed that self serving statements on income without any proof of financial resources will not be enough to prove that Plaintiff .....

Tags : SC, Contract



Karnataka HC Extends Stay on Publication of Final Notification Until Further Orders(07.09.2020)

Karnataka High Court has extended the stay on the publication of the Final Notification based on the Draft Environment Impact Assessment (EIA) notific.....

Tags : Karnataka High Court, Draft Environment Impact Assessment



Delhi HC Directs Police Not to Take Coercive Steps Against Founder of Fact-Checking Website(10.09.2020)

Delhi High Court has directed police not to take any coercive steps against a founder of a fact-checking website for allegedly threatening and torturi.....

Tags : Delhi High Court, Coercive Steps Against Founder of Fact-Checking Website



Manipur HC Directs State Government to Implement Mental Healthcare Act(14.09.2020)

Manipur High Court has directed the State Government to implement the provisions of the Mental Healthcare Act, 2017 and establish the necessary infras.....

Tags : Manipur High Court, Mental Healthcare Act, 2017



Gujarat HC Directs SIC to Take Action Against Officer Under RTI(15.09.2020)

Gujarat High Court has directed the State Information Commissioner to initiate proceedings under Section 20 of the Right to Information Act, 2005 agai.....

Tags : Gujarat High Court, Action Against Officer



SC Issues Notice on Plea Challenging Provisions of Special Marriages Act, 1954(17.09.2020)

Supreme Court has issued notice in a plea challenging provisions of the Special Marriages Act, 1954 in so far as they require the parties to the marri.....

Tags : Supreme Court, Special Marriages Act, 1954



Allahabad High Court Seeks UP Govt's Response on Implementation of JJ Act(18.11.2020)

Allahabad High Court has issued notice to the Uttar Pradesh Government on a Public Interest Litigation concerning illegal detention and torture of juv.....

Tags : Allahabad High Court, Implementation of JJ Act



SC Restores Petition Challenging Farm Laws Enacted by Parliament(19.11.2020)

Supreme Court has restored for admission the petition which challenges the three farm laws that have been enacted by the Parliament recently and have .....

Tags : Supreme Court, Farm Laws Enacted by Parliament



SC Issues Notice on Challenge to Judgement Quashing Preventive Detention Under COFEPOSA Act(20.11.2020)

Supreme Court has issued notice in a special leave petition filed by the Union of India challenging a Kerala High Court judgment which quashed the pre.....

Tags : Supreme Court, Preventive Detention Under COFEPOSA Act



Gauhati HC Seeks Govt's Response on Plea for Effective Implementation of Right to Education Act(20.11.2020)

Gauhati High Court has sought a response from the Assam government in a plea seeking effective implementation of Section 12(1)(c) of the Right to Educ.....

Tags : Gauhati High Court, Effective Implementation of Right to Education Act



Kerala Government Brings Ordinance Making Cyber Defamation/Intimidation an Offence(23.11.2020)

Kerala Government has signed an ordinance to incorporate Section 118A in the Kerala Police Act 1960, which makes intimidation, defamation, or insultin.....

Tags : Kerala Government, Ordinance for Amendment in Kerala Police Act, 1960



Allahabad HC: Amendments in Motor Vehicles Act, 1988 Yet to be Notified(23.11.2020)

Allahabad High Court has clarified that amendments proposed to Section 166 (Application for compensation) of the Motor Vehicles Act, 1988 are yet to b.....

Tags : Allahabad High Court, Amendments in Motor Vehicles Act, 1988



Delhi Court Asks Delhi Police to Back its Claim Against Bhim Army Chief(15.01.2020)

Delhi Court has asked the Delhi Police to back its claim against the Bhim Army Chief Chandra Shekhar Azad that he indulged in violence during Anti- Ci.....

Tags : Delhi Court, Citizenship Amendment Act, 2019



Karnataka High Court Issues Notice on Public Interest Litigation for Judicial Inquiry(15.01.2020)

Karnataka High Court has issued notice to the State Government on a Public Interest Litigation seeking a judicial inquiry by a sitting/retired Judge o.....

Tags : Karnataka High Court, Citizenship Amendment Act, 2019



CESTAT: No Vivisection in Service and Material Components of Contract is Composite Works Contract(16.01.2020)

Customs, Excise, and Service Tax Appellate Tribunal Hyderabad has held that where a contract cannot be vivisection between service component and mater.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Composite Works Contract



Karnataka High Court Imposes Cost on Police Officers for Registering FIR Under Section 66A of IT Act(17.01.2020)

Karnataka High Court has directed two police officers to pay a cost of Rs. 10,000 each for registering a First Information Report under Section 66 (A).....

Tags : Karnataka High Court, First Information Report, Information Technology Act



SC Issues Notice to Centre on Petition Challenging CAA and National Population Register(20.01.2020)

Supreme Court has issued notices to the Central Government on a Petition challenging the Constitutional Validity of the Citizenship Amendment Act, 201.....

Tags : Supreme Court, Citizenship Amendment Act



Allahabad HC Bars Amethi Police from Taking Coercive Action Against Interfaith Couple(15.01.2021)

Allahabad High Court has barred Amethi police from taking any coercive action against an interfaith couple in a three-year-old case being investigated.....

Tags : Allahabad High Court, Coercive Action Against Interfaith Couple



RBI Extends Availability of Relaxed Terms for Securitisation Transactions by NBFCs to June 30, 2020(02.01.2020)

Reserve Bank of India has extended the availability of relaxed terms for securitisation transactions or sale of assets by non-bank lenders to banks to.....

Tags : RBI, Securitisation Transactions



Rajasthan High Court Issues Notice to Centre on Citzenship Act(06.01.2020)

Rajasthan High Court has asked the Centre to provide details of efforts being made to grant citizenship to minorities in neighboring countries under t.....

Tags : Rajasthan High Court, Citizenship Act



Bombay HC: Non-Compliance of Section 42 of NDPS Act Vitiates Trial(04.01.2021)

Bombay High Court has upheld the acquittal order of the Special Judge for Narcotic Drugs and Psychotropic Substances Act, 1985, (NDPS Act) Pandharpur,.....

Tags : Bombay High Court, Non-Compliance of Section 42 NDPS Act



Delhi HC: Failure to Comply with Section 144C of Income Tax Act Invalidates Assessment Order(04.01.2021)

Delhi High Court has held that the failure of the assessing officer to adhere to the "mandatory requirement" of Section 144C (1) of the Income Tax Act.....

Tags : Delhi High Court, Failure to Comply with Section 144C of Income Tax Act



Karnataka High Court Declares Parliamentary Secretaries Act as Unconstitutional(05.01.2021)

Karnataka High Court has struck down the Karnataka Parliamentary Secretaries Salaries, Allowances and Miscellaneous Provisions Act, 1963 as void ab in.....

Tags : Karnataka High Court, Parliamentary Secretaries Act



Consumer Court, Thrissur Orders Manufacturer and Endorser of Hair Cream to Pay Compensation(05.01.2021)

District Consumer Redressal Forum, Thrissur, ordered the manufacturers of 'Dhathri Hair Cream' and film actor Anoop Menon, the celebrity who endorsed .....

Tags : Consumer Court, Hair Cream Manufacturers



Supreme Court: Assignment of Interest is not Valid because it was not Clearly Prohibited in Contract(27.11.2019)

Supreme Court has observed that assignment of contractual interest cannot be held to be valid merely because there is no clear bar against assignabili.....

Tags : Supreme Court, Contract



SC Extends Term of BSV Prakash Kumar as NCLT Delhi Acting President Till Regular Appointment(10.12.2020)

Supreme Court has extended the appointment of Mr.B.S.V.Prakash Kumar,Member (Judicial) as acting President of National Company Law Tribunal (NCLT), Ne.....

Tags : Supreme Court, NCLT Delhi Acting President



Karnataka HC Issue Directions for Implementation of Provisions to Prohibit Manual Scavenging(10.12.2020)

Karnataka High Court has issued several directions to the state government to ensure proper implementation of the provisions of the Prohibition of Emp.....

Tags : Karnataka High Court, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.



SC Dismisses Judicial Officer's Plea Alleging Unprofessional Activities by Top Court's Registry(14.12.2020)

Supreme Court has dismissed a petition by a Judicial Officer of Maharashtra alleging unprofessional activities of its Registry in terms of unequal tre.....

Tags : Supreme Court, Unprofessional Activities by Top Court's Registry



SC Dismisses SLP Seeking Change of Judge Holding Trial in 2017 Actor Sexual Assault Case(15.12.2020)

Supreme Court has dismissed the special leave petition filed by the State of Kerala seeking the change of the judge holding trial in the 2017 actor se.....

Tags : Supreme Court, 2017 Actor Sexual Assault Case



SC Upholds CCI Order Dismissing Complaints Alleging Anti Competitive Practices by Uber, Ola(16.12.2020)

Supreme Court has upheld the order of Competition Commission of India dismissing the complaints alleging cartelization and anti-competitive practices .....

Tags : Supreme Court, Anti Competitive Practices by Uber, Ola



SC: Issue of Maintaining Law and Order Exclusively Domain of Police(19.01.2021)

Supreme Court has stated in plea by Centre seeking a direction to restrain a proposed Republic Day ‘tractor rally’ in the Capital by farmers, who are .....

Tags : Supreme Court, Tractor Rally in Delhi



Karnataka HC Refuses NHAI Application Tendering Apology for Statement on EPA Act(20.01.2021)

Karnataka High Court has refused to entertain an application filed by National Highways Authority of India (NHAI), tendering unconditional apology and.....

Tags : Karnataka High Court, National Highways Authority of India, EPA Act



Supreme Court Upholds Sections 3, 4 & 10 of IBC Amendment Act 2020(20.01.2021)

Supreme Court has upheld the constitutional validity of Sections 3, 4 and 10 of the Insolvency and Bankruptcy Code (Amendment) Act 2020.

Tags : Supreme Court, Insolvency and Bankruptcy Code (Amendment) Act 2020



Allahabad HC Seeks Response on Compensation of Trees Cut for Road Development Activities(20.01.2021)

Allahabad High Court has sought the responses of the Uttar Pradesh Government and the National Highways Authority of India (NHAI) on a Public Interest.....

Tags : Allahabad High Court, Road Development Activities



P&H HC Issues Notice on Plea Challenging Haryana Panchayati Raj (Second Amendment) Act(20.01.2021)

Punjab and Haryana High Court has issued notice on a writ petition challenging the vires of the Haryana Panchayati Raj (Second Amendment) Act, 2020, w.....

Tags : Punjab and Haryana High Court, Haryana Panchayati Raj (Second Amendment) Act, 2020



SC: High Courts Not Precluded from Entertaining Writ Petitions Even if Disputed Questions of Facts(17.02.2020)

Supreme Court has observed that a High Court is not precluded from entertaining a writ Petition under Article 226 of the Constitution of India, 1949 e.....

Tags : Supreme Court, High Courts Jurisdiction Where Disputed Questions of Fact



Rajasthan HC Grants Interim Protection to CAA Protesters from Arrests in FIR Alleging Violence(17.02.2020)

Rajasthan High Court has directed the Udaipur Police authorities to not take any "coercive action" against Citizenship Amendment Act (CAA) protesters .....

Tags : Rajasthan High Court, Citizenship Amendment Act Protesters



Gujarat HC: HR Plates, MS Flats, MS Coils, Etc. Used for Manufacturing Ships, Considered as ‘Inputs’(18.02.2020)

Gujarat High Court has held that the HR Plates, MS Flats, MS Coils, Wire Ropes, Rails, Welding Electrode which are used in the fabrication of cranes a.....

Tags : Gujarat High Court, Inputs for Manufacturing Ships



Delhi Court Grants Bail to Man Accused of Attempting to Run Tractor Over Policemen in Tractor Rally(02.03.2021)

Delhi Court has granted bail to one Ashish Kumar in a case related to the violence that broke out during the tractor parade on Republic Day in relatio.....

Tags : Delhi Court, Tractor Rally



SC: Contempt Actions Against EPFO for Execution of Employees Pension Proportional to Salary Barred(04.03.2021)

Supreme Court has barred all courts from taking up contempt petitions against the Employees Provident Fund Organization (EPFO) and the Central Governm.....

Tags : SC, Contempt Actions



CIVIL - Officials Turned Blind Eye to Illegal Acts of Builders: SC(01.03.2019)

Supreme Court has blamed Noida and Greater Noida authorities for creating "havoc" in real estate by turning a blind eye to illegal activities of build.....

Tags : Supreme Court, Illegal Activities of Builders



Karnataka HC: DV Act not Valid if Family Member Leave Shared Household to Establish Own Household(17.12.2019)

Karnataka High Court has ruled that where a family member leaves the shared household to establish her own household she cannot claim to have a right .....

Tags : Karnataka HC, DV Act



Supreme Court Issues Notice in Plea Challenging Tamil Nadu Land Acquisition Laws Act, 2019(22.12.2020)

Supreme Court has issued notice to the Tamil Nadu Government in a plea seeking declaration of the Tamil Nadu Land Acquisition Laws (Revival of Operati.....

Tags : Supreme Court, Tamil Nadu Land Acquisition Laws Act, 2019



# GST Changes Applicable From 01.01.2021: Amendment to Composition Scheme Under CGST Act(29.12.2020)

Finance Act, 2020 has amended Section 10(2) of the Central Goods and Services Tax Act, 2017 to provide that a registered person seeking to pay the tax.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, Composition Scheme



# GST Changes Applicable From 01.01.2021: Time Limit for ITC Availment on Debit Note Amended(29.12.2020)

Finance Act, 2020 has amended Section 16 (4) of the Central Goods and Service Act, 2017, omitting the words “invoice relating to such” and hence the t.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, ITC on Debit Note



# GST Changes Applicable From 01.01.2021: Voluntarily Registered Persons Can Opt for Cancellation(29.12.2020)

Finance Act, 2020 has amended Section 29(1) of the Central Goods and Service Act, 2017 to provide that even a registered person who has obtained the r.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, Cancellation of Registration



# GST Changes Applicable From 01.01.2021: Extension on Period for Filing of Revocation Application(29.12.2020)

Finance Act, 2020 has amended Section 30(1) of the Central Goods and Service Act, 2017 to provide that on sufficient cause, the Additional/Joint Commi.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, Filing of Revocation Application



# GST Changes Applicable From 01.01.2021: Extension of Government Power Related to Tax Invoice(29.12.2020)

Finance Act, 2020 has amended Section 31(2) of the Central Goods and Service Act, 2017 to grant the power to the Government to specify, with respect t.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, Tax Invoice



# GST Changes Applicable From 01.01.2021: Provisions Related to TDS Certificate Omitted(29.12.2020)

Finance Act, 2020 has omitted the provisions related to the procedural part contained in Section 51 of the Central Goods and Services Tax Act, 2017 de.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, TDS Certificate



# GST Changes Applicable From 01.01.2021: Penalty for Beneficiaries of Fake Invoicing Introduced(29.12.2020)

Finance Act, 2020 has introduced new sub-section (1A) in Section 122 wherein it has been proposed that a person who retains the benefit of certain tra.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, Penalty, Fake Invoicing



# GST Changes Applicable From 01.01.2021: Schedule II, CGST Act, 2017 Only to Classify Supply(29.12.2020)

Finance Act, 2020 has made a retrospective amendment effective from 01.07.2017 to the effect that the aspect of presence/absence of consideration will.....

Tags : Finance Act, 2020, Central Goods and Services Act, 2017, Schedule II



Delhi High Court: Facilitating Land and Other Related Activities to Attract Service Tax(27.02.2020)

Delhi High Court has held that the changeability of the activity on facilitating land and other related activities to attract service tax under the he.....

Tags : Delhi High Court, Facilitating Land and Other Related Activities



Madhya Pradesh HC Issues Notices to Government Seeking Implementation Status of JJ Act(28.02.2020)

Madhya Pradesh High Court has issued notices to the Centre and State Government on a plea filed against alleged violation of the Juvenile Justice (Car.....

Tags : Madhya Pradesh High Court, Implementation Status of JJ Act



SC: Cause of Action to Plaintiff to File Suit Accrues When There is a Threat to Infringe Right(02.03.2020)

Supreme Court has observed that cause of action to a Plaintiff to file a suit accrues when there is a clear and unequivocal threat to infringe a right.....

Tags : Supreme Court, Cause of Action to Plaintiff



SC: Disciplinary Action Against Employee for Conviction in Criminal Case Not Barred(02.03.2020)

Supreme Court has reiterated that disciplinary action against an employee for conviction in a criminal case is not barred due to the suspension of sen.....

Tags : Supreme Court, Disciplinary Action Against Employee



SC: Manufacturer Not Liable for Fault of Dealer Unless Manufacturer Aware of Deficiency of Dealer(23.02.2021)

Supreme Court has observed that a manufacturer will not be liable for the fault of the dealer, unless it is proved that the manufacturer was aware of .....

Tags : Supreme Court, Manufacturer, Fault of Dealer



SC Upholds Constitutional Validity of Provisions of Gujarat Provincial Municipal Corporation Act(25.02.2021)

Supreme Court has upheld the constitutional validity of Section 5(3) (iii)(a) and Section 29A of the Gujarat Provincial Municipal Corporation Act, 194.....

Tags : Supreme Court, Gujarat Provincial Municipal Corporation Act, 1949



SC: Non-Sending of Report u/s 57 NDPS Act in 48 Hours of Arrest Will not Vitiate Entire Proceedings(28.01.2020)

Supreme Court has reiterated that merely because the report contemplated under Section 57 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .....

Tags : Supreme Court, Non- Sending of Report under NDPS Act, Proceedimgs



Karnataka High Court Grants Bail to Bangladeshi Christian Woman Citing Citizenship (Amendment) Act(29.01.2020)

Karnataka High Court has granted bail to a Bangladeshi Christian woman, citing Section 2 of the Citizenship (Amendment) Act, 2019, according to which .....

Tags : Karnataka High Court, Application of Citizenship Amendment Act



Bombay HC: No Provisional Attachment Under CGST Act When No Pendency of Any Specific Proceedings(29.01.2020)

Bombay High Court has held that no provisional attachment under Section 83 of the Central Goods and Services Tax (CGST) Act, 2017 can be made in absen.....

Tags : Bombay High Court, Provisional Attachment under CGST Act



SC: Mere Possession of Currency Notes Not Sufficient to Constitute Offence u/s 7 of PCA(04.02.2021)

Supreme Court has observed that mere possession or recovery of currency notes is not sufficient to constitute an offence under Section 7 of the Preven.....

Tags : Supreme Court, Bribe, Offence u/s 7 of Prevention of Corruption Act



Madras HC: PMLA Cannot be Invoked if No Nexus Between Criminal Activity and Property Acquired(08.02.2021)

Madras High Court has held that the provisions of the Prevention of Money Laundering Act, 2002 cannot be invoked in the absence of nexus between crimi.....

Tags : Madras High Court, Prevention of Money Laundering Act, 2002



AAR, West Bengal: 12% GST Applicable on Contract for Dredging of Wular Lake(09.02.2021)

Authority of Advance Ruling (AAR), West Bengal has ruled that 12% Goods and Services Tax is applicable on contract for the dredging of Wular Lake, obs.....

Tags : Authority of Advance Ruling, Contract for Dredging of Wular Lake



CRIMINAL - Magistrate Can't Release Seized Vehicle, Once Confiscation Proceedings Under Forest Act Initiated:SC(27.03.2019)

Supreme Court has held that a Magistrate has no jurisdiction under Section 451 of the Criminal Procedure to release a seized vehicle, once the Authori.....

Tags : Supreme Court, Section 451 of the Criminal Procedure, Forest Act



DIRECT TAXATION - Manufacture of Herbal Products Eligible for IT Deduction: Madras HC(28.03.2019)

Madras High Court has held that manufacture of the herbal products would be eligible for deduction under Section 80IA of the Income Tax Act, 1961.

Tags : Madras HC, 80IA of the Income Tax Act, 1961



AAR, Rajasthan: GST Not Applicable to Labour Contract Services for Construction of Flats Under PMAY(30.01.2020)

Authority of Advance Ruling (AAR), Rajasthan has held that Goods and Services Tax (GST) does not apply to labour contract services for the constructio.....

Tags : Authority for Advance Ruling, GST on Labour Contract Services



Supreme Court Issues Summons on Kerala's Suit Against Citizenship Amendment Act, 2019(05.02.2020)

Supreme Court Registry has issued summons to the Union of India on the suit filed by the State of Kerala challenging the Citizenship Amendment Act, 20.....

Tags : Supreme Court, Citizenship Amendment Act



SC Stays Bombay HC Judgment Holding 'Skin to Skin' Contact Necessary for 'Sexual Assault'(27.01.2021)

Supreme Court has stayed a Bombay High Court order acquitting a man accused of child abuse on the grounds that groping a child's breasts without 'skin.....

Tags : Supreme Court, ‘Sexual Assault’ Under POCSO Act



Karnataka HC Seeks Details of Action Taken Against Organisers/Participants of Farmers Tractor Rally(02.02.2021)

Karnataka High Court has directed the State Government to place on record details of action taken against participants/organisers for violating norms .....

Tags : Karnataka High Court, Farmers Tractor Rally



Delhi HC Rejects PIL Seeking Release of Persons "Illegally" Detained During Farmers' Tractor Rally(03.02.2021)

Delhi High Court has dismissed a Public Interest Litigation (PIL) petition filed by a law graduate seeking release of participants of farmers tractor .....

Tags : Delhi High Court, Release of Participants of Farmers Tractor Rally



Delhi HC Directs UP Police to Give Details of Farmer’s Death During Tractor Rally to Delhi Police(05.03.2021)

Delhi High Court has directed the Uttar Pradesh Police to handover crucial case material related to the death of a 26-year old farmer, Navreet Singh, .....

Tags : Delhi High Court, Farmer’s Death During Tractor Rally



Kerala High Court Stays Government Orders for Regularizing Temporary/Contract Employees(05.03.2021)

Kerala High Court has directed a halt on the Government Order regularising the services of those who completed ten years of service in semi-government.....

Tags : Kerala High Court, Regularizing Temporary/Contract Employees



Supreme Court Urges Centre to Create Additional Courts for Section 138 NI Act(05.03.2021)

Supreme Court has urged the Central Government to consider the establishment of additional courts to deal with the "grotesque" problem of pendency of .....

Tags : Supreme Court, Additional Courts for Section 138 NI Act



Kerala High Court Grants Pre-Arrest Bail to 2 Men Accused of Attacking Sabarimala Activist(05.03.2021)

Kerala High Court has allowed pre-arrest bail to two persons accused of being part of a group that sprayed 'chemical' spray on activist Bindu Ammini w.....

Tags : Kerala High Court, Men Accused of Attacking Sabarimala Activist



Calcutta High Court Directs Administration to Issue Protective Orders Retraining All Illegal Activiti(08.03.2021)

Calcutta High Court has directed the local administration to issue protective orders retraining all illegal activities in Sundarbans, observing that t.....

Tags : Calcutta High Court, Illegal Activities in the Sunderbans



SC: NCLT Has Jurisdiction to Adjudicate Contractual Disputes(08.03.2021)

Supreme Court has observed that the National Company Law Tribunal has jurisdiction to adjudicate contractual disputes, which arise solely from or whic.....

Tags : Supreme Court, Contractual Disputes



MACT Claims: HC Should Assign Reasons for Increasing or Reducing Compensation, Says Supreme Court(21.09.2018)

Supreme Court has reiterated that High Court while sitting in appeal above MACT order, should assign the reasons for not granting enhancement of compe.....

Tags : Supreme Court, MACT, Compensation



Offenders Can Be Prosecuted Under Two Different Laws, Says Supreme Court(24.09.2018)

Supreme Court has said in a case that Maharashtra Police can initiate criminal action under IPC for transportation, stocking and sale of 'Gutka' or Pa.....

Tags : Supreme Court, Food and Safety Standards (FSS) Act



Supreme Court Dismisses PFI Member's Request Against Framing of Charges in RSS Activist’s Murder Case(01.07.2019)

Supreme Court has dismissed the plea of a Popular Front of India (PFI) member challenging framing of charges against him for his alleged involvement i.....

Tags : Supreme Court, RSS Activist



Supreme Court Refuses Plea Seeking Safety Guidelines for Children Under HAMA Act, 1956(02.07.2019)

Supreme Court has declined to entertain a plea seeking guidelines for the safety of children adopted under the Hindu Adoption and Maintenance Act, 195.....

Tags : Supreme Court, HAMA Act, 1956



Calcutta High Court: Raise Pay of 11 Contractual Teachers(05.07.2019)

Calcutta High Court has directed the state education department to pay at least Rs 14,500 as the the minimum basic pay of assistant teachers to 11 te.....

Tags : Caclutta High Court, Contractual Teachers



Madras HC: Cutting Cake Iced Like National Flag Not an ‘Insult’(22.03.2021)

Madras High Court has held that cutting of a cake that is iced like the National Flag will not amount to an 'insult' to attract the offence under Sect.....

Tags : Madras High Court, Prevention of Insults to National Honour Act, 1971



Punjab & Haryana HC: Mere 'Apprehension' of Malpractice Not Sufficient to Investigate University(04.03.2020)

Punjab and Haryana High Court has dismissed a Petition filed by a student levelling allegations of malpractice in the evaluation of examination by Kur.....

Tags : Punjab & Haryana High Court, 'Apprehension' of Malpractice



Supreme Court: Farmer Entering into Buyback Transaction with Seed Company is 'Consumer'(11.03.2020)

Supreme Court has held that a farm is a 'consumer' for filing complaints under the Consumer Protection Act, 1986 even when he has entered into a buyba.....

Tags : Supreme Court, Farmers, Buyback Transaction



ITAT, Cochin Denies Tax Exemption to Trust on Micro Finance Activity(12.03.2020)

Income Tax Appellate Tribunal (ITAT), Cochin has held that micro finance activity cannot be treated as charitable in nature for the purpose of allowin.....

Tags : Income Tax Appellate Tribunal, Micro Finance Activity



Calcutta HC: Only Erroneous Actions of RO Interfering with Election Process Amenable to Scrutiny(15.03.2021)

Calcutta High Court has ruled that only such erroneous actions of Returning Officer, which would have the effect of interfering in the free flow of th.....

Tags : Calcutta High Court, Erroneous Actions of Returning Officer



SC Dismisses PJ Joseph's Challenge Against Allotment of 'Two Leaves' to Mani Faction(15.03.2021)

Supreme Court has dismissed the petition filed by Kerala Congress leader PJ Joseph challenging the Kerala High Court judgments which upheld the Electi.....

Tags : Supreme Court, Allotment of 'Two Leaves' to Mani Faction



Union Cabinet Approves Amendment to Insurance Act, 1938(16.03.2021)

Union Cabinet has approved an amendment to the Insurance Act, 1938, to increase the foreign direct investment cap in the sector to 74% from 49% now.

Tags : Union Cabinet, Amendment to Insurance Act, 1938



Delhi HC: Mere Possession of Ammunition Without Awareness Will Not Amount to Offence Under Arms Act(06.06.2019)

Delhi High Court has noted that only the conscious possession of a firearm or ammunition, where the person is fully aware of the possession, can amoun.....

Tags : Delhi HC, Arms Act



SC Restrains Govt from Taking Coercive Action Against Employers for Not Paying Salaries(18.05.2020)

Supreme Court has restrained the Government from taking coercive action against employers who don’t pay workers their entire salary during the lockdow.....

Tags : Supreme Court, Coercive Action Against Employers



Delhi HC: Injunction for Interference with Contractual Relations Violates Article 19(5)(19.05.2020)

Delhi High Court has held that providing injunction for alleged interference with contractual relations of two parties, in absence of any law, would v.....

Tags : Delhi High Court, Injunction for Interference with Contractual Relations



Calcutta HC Passes Injunction Order Restraining Activities on River Banks, Alluvial Landscapes Etc(20.04.2021)

Calcutta High Court has passed an order of an injunction restraining any activity on the lands which are river banks or alluvial landscapes or alluvia.....

Tags : Calcutta High Court, Activities on River Banks, Alluvial Landscapes Etc



Supreme Court Asks High Courts to Adopt Draft Rules of Criminal Practice Within 6 Months(20.04.2021)

Supreme Court has directed the High Courts to take expeditious steps to adopt the draft rules of criminal practice, which has been prepared by amici c.....

Tags : Supreme Court, Draft Rules of Criminal Practice



Legality of NIA Act in J&K: Jammu & Kashmir High Court Seeks Response from Centre(11.07.2019)

Jammu & Kashmir High Court has directed the Union Home Ministry, the National Investigation Agency (NIA) and the J&K Government to submit its objectio.....

Tags : NIA Act, Jammu and Kashmir High Court



Tripura HC: Conviction Only on Presumption Under POCSO Act Would Offend Articles 20(3), 21(05.04.2021)

Tripura High Court has held that the conviction of an accused only on the basis of presumption under sections 29 and 30 of the Protection of Children .....

Tags : Tripura High Court, Conviction Only on Presumption Under POCSO Act



MP HC Directs Govt. to Issue Guidelines to Strictly Adhere to Provisions of NSA Act(05.04.2021)

Madhya Pradesh High Court has issued a slew of directions for the State Government to strictly adhere to the provisions of the National Security Act, .....

Tags : Madhya Pradesh High Court, Provisions of NSA Act



ITAT, Mumbai: Incidental Activities of Trust of Charitable Purpose Not Commercial Activities(06.04.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that where the purpose of the trust is relief to poor, education, or medical relief, the other a.....

Tags : Income Tax Appellate Tribunal, Incidental Activities of Trust of Charitable Purpose



SC: Poverty of Accused is Not a Mitigating Factor While Awarding Punishment Under NDPS Act(07.04.2021)

Supreme Court has observed that merely because the accused is a poor man and/or a carrier and/or is a sole bread earner cannot be such mitigating circ.....

Tags : Supreme Court, Mitigating Factor While Awarding Punishment



SC Suggests Amendments to Sections 11(7), 37 of Arbitration and Conciliation Act(09.03.2021)

Supreme Court has observed that the amendments to Section 11(7) and 37 of the Arbitration and Conciliation Act, 1996 might be necessary so that the or.....

Tags : Supreme Court, Amendments to Arbitration and Conciliation Act



SC: Statement of Accused Not Substantive Evidence of Defence to Rebut Presumption u/s 139 NI Act(10.03.2021)

Supreme Court has stated that the statement of the accused recorded under Section 313 of the Code of Criminal Procedure, 1973 is not a substantive evi.....

Tags : Supreme Court, Evidence of Defence to Rebut Presumption u/s 139 NI Act



Meghalaya HC: Petition u/s 482 CrPC Challenging Domestic Violence Act Proceedings Maintainable(10.03.2021)

Meghalaya High Court has held that petition under Section 482 of the Code of Criminal Procedure, 1973 before it challenging Domestic Violence Act, 200.....

Tags : Meghalaya High Court, Domestic Violence Act Proceedings



Supreme Court Issues Notice on PIL Challenging Provisions of Places of Worship Act(12.03.2021)

Supreme Court has issued notice to the Home Ministry, Ministry of Law and Ministry of Culture on a Public Interest Litigation filed by BJP leader Ashw.....

Tags : Supreme Court, Places of Worship (Special Provisions) Act 1991



P&H HC Declines Protection to Couples in "Contractual Live-In-Relationship"(12.03.2021)

Punjab & Haryana High Court has declined protection to a couple, registering its disapproval of 'new concept of contractual Live-In-Relation' backed b.....

Tags : Punjab & Haryana High Court, "Contractual Live-In-Relationship"



Delhi HC Constitutes Committee to Prepare Graded Action Plan for Post Lockdown Functioning(23.04.2020)

Delhi High Court has constituted a Committee to create a Graded Action Plan for meeting challenges that may appear when the courts move towards normal.....

Tags : Delhi High Court, Graded Action Plan



Karnataka HC Rejects Plea for Making Public Personal Details of Persons Who Contacted COVID-19(23.04.2020)

Karnataka High Court has rejected the plea filed seeking directions to the State and Central Government to make public details of those persons who ha.....

Tags : Karnataka High Court, Personal Details of Persons Who Contacted COVID-19



SC Upholds Constitutional Validity of Section 43B(f) of Income Tax Act(27.04.2020)

Supreme Court has upheld the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, reversing the judgment of the Calcutta .....

Tags : Supreme Court, Constitutional Validity of Section 43B(f) of Income Tax Act



Delhi HC Temporarily Restrains 6 PSU Banks from Taking Coercive Action Against Company(29.04.2020)

Delhi High Court has temporarily injuncted 6 Public Sector Units banks from taking any coercive action against Eastman Auto Limited for defaults arisi.....

Tags : Delhi High Court, Coercive Action, PSU Banks



Patna HC Directs State to Verify All Facts Before Placing Affidavit Before Court(18.05.2021)

Patna High Court has directed the State Government to verify all facts from all sources before placing affidavit before Court else it would amount to .....

Tags : Patna High Court, Verification of Facts



Karnataka HC Upholds Order Banning Sand Extraction from Rivers During Rainy Seasons(19.05.2021)

Karnataka High Court has upheld the order of the Department of Mines and Geology prohibiting sand extraction from rivers during rainy season, observin.....

Tags : Karnataka High Court, Order Banning Sand Extraction from Rivers



Central Government Notifies Government of National Capital Territory of Delhi (Amendment) Act, 2021(28.04.2021)

Central Government has notified Government of National Capital Territory of Delhi (Amendment) Act, 2021 which has come into force on 27th April, 2021......

Tags : Central Government, Government of National Capital Territory of Delhi (Amendment) Act, 2021



SC: Deduction Under Section 80-IA Income Tax Act Not Restricted to 'Business Income' Only(29.04.2021)

Supreme Court has held that the scope of sub-section (5) of Section 80- IA of the Income Tax Act, 1961 is limited to determination of quantum of deduc.....

Tags : Supreme Court, Deduction Under Section 80-IA Income Tax Act



Madras HC Stays Notification Providing for Grant of Post Facto Clearance of Projects(03.05.2021)

Madras High Court has granted a stay on the operation of an office memorandum issued by the Ministry of Environment, Forest and Climate Change which p.....

Tags : Madras High Court, Post Facto Clearance of Projects



SC Upholds Constitutional Validity of the Rajasthan Schools (Regulation of Fee) Act 2016(04.05.2021)

Supreme Court has upheld the constitutional validity of the Rajasthan Schools (Regulation of Fee) Act, 2016. The Court has however read down Sections .....

Tags : Supreme Court, Rajasthan Schools (Regulation of Fee) Act, 2016



Madras High Court Directs on Appropriate Action Against Illegal Mining Activities(22.06.2021)

Madras High Court has directed the State government to attend to the malaise of plundering of the mineral wealth of the State by unscrupulous elements.....

Tags : Madras High Court, Illegal Mining Activities



Karnataka HC Directs State to Correct Practice of Giving Opinion for Filing Appeals Against Acquittal(22.06.2021)

Karnataka High Court has directed the state government to correct the practise followed by the prosecution department of commencing the work of giving.....

Tags : Karnataka High Court, Practice of Giving Opinion for Filing Appeals Against Acquittals



Allahabad HC Dismisses PIL for Action Against Politicians Involved with Vikas Dubey(23.06.2021)

Allahabad High Court has dismissed with cost, a Public Interest Litigation seeking directions to the Uttar Pradesh Government for taking action on the.....

Tags : Allahabad High Court, Action Against Politicians Involved with Vikas Dubey



Allahabad High Court Issues Notice on Plea Challenging Uttar Pradesh 'Love Jihad' Act(23.06.2021)

Allahabad High Court has issued a notice on a plea challenging the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021. The Court has.....

Tags : Allahabad High Court, Uttar Pradesh 'Love Jihad' Act



Gujarat HC: Legislature Conferred Precedence of POCSO Act Over SC/ST Act(08.10.2020)

Gujarat High Court has ruled that the comparative analysis of provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.....

Tags : Gujarat High Court, Precedence of POCSO Act Over SC/ST Act



J&K HC Holds 'Roshni Act' Unconstitutional(12.10.2020)

Jammu and Kashmir High Court has held that the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001, (Roshni Act) is complete.....

Tags : Jammu and Kashmir High Court, Roshni Act



Karnataka HC Quashes CBSE Action Against Class-XII Student(12.10.2020)

Karnataka High Court has observed that a tender student, even when the delinquency is established, cannot be treated as the offender of the war crime,.....

Tags : Karnataka High Court, CBSE Action Against Class-XII Student



Karnataka HC Refuses to Quash FIR Against Actor Prakash Raj(14.10.2020)

Karnataka High Court has refused to quash a First Information Report lodged against actor Prakash Raj in November 2019, allegedly for violation of the.....

Tags : Karnataka High Court, Actor Prakash Raj



Karnataka HC Seeks Government’s Response on PIL Seeking Measures to Protect Medical Practitioners(30.07.2021)

Karnataka High Court has sought the State government’s response on a Public Interest Litigation petition seeking measures to protect medical practitio.....

Tags : Karnataka High Court, Measures to Protect Medical Practitioners



Delhi HC Seeks Response from Facebook on Plea for Action Against Impersonation(30.07.2021)

Delhi High Court has sought a response from Facebook in a plea of breach of privacy and impersonation, which takes on the social media platforms. The .....

Tags : Delhi High Court, Facebook, Action Against Impersonation



SC Seeks Clarification on Risk and Cost of Manufacture of Covid Vaccines(03.06.2021)

Supreme Court has sought clarification on whether it would be accurate to state that private entities had alone borne the risk and cost of manufacture.....

Tags : Supreme Court, Cost of Manufacture of Covid Vaccines



Kerala High Court Extends Interim Orders, Interim Bails, Orders u/s 138 NI Act(04.06.2021)

Kerala High Court has extended the interim orders granted on 19th May, 2021, till 15th June, 2021, including orders relating to Section 138 of the Neg.....

Tags : Kerala High Court, Extension of Interim Orders, Interim Bails, Orders u/s 138 NI Act



Delhi HC Directs Centre to Release 14 Crores to Panacea Biotech for Manufacturing Vaccine(07.06.2021)

Delhi High Court has directed the Centre to release an amount of Rs. 14 Crores along with the interest of 12% to Panacea Biotech for manufacturing Spu.....

Tags : Delhi High Court, Panacea Biotech, Manufacturing of Sputnik V Vaccine



HP HC Directs State Not to Take Coercive Action Against Zee News Journalist(07.06.2021)

Himachal Pradesh High Court has directed the State police not to take any coercive action against Zee News Journalist booked for conducting a 'reality.....

Tags : Himachal Pradesh High Court, Coercive Action Against Zee News Journalist



Delhi High Court Restrains TRACTOR2TWITTER from Making Defamatory Posts Against AajTak(09.06.2021)

Delhi High Court has restrained TRACTOR2TWITTER, claiming itself to be an online community of persons interested in Farmers Protests, from making defa.....

Tags : Delhi High Court, TRACTOR2TWITTER, AajTak



New Motor Vehicles Act Enforced from 1st September, 2019(02.09.2019)

The new Motor Vehicles (Amendment) Act, 2019 has been enforced from 1st September, 2019 as a result of which violating traffic rules will attract hars.....

Tags : New Motor Vehicles Act, 1st September, 2019



Gujarat HC Issues Notice on Plea Challenging Government Ordinance on Factories Act, 1948(13.08.2020)

Gujarat High Court has issued notice on a plea challenging the ordinance promulgated by the Governor of Gujarat in connection with Factories Act, 1948.....

Tags : Gujarat High Court, Government Ordinance on Factories Act, 1948



Kerala HC: Notice to Defacto Complainant Need Not be Issued in Bail Applications(18.08.2020)

Kerala High Court has observed that it is not necessary for a Court to issue a notice to the defacto complainant suo motu or direct the accused to imp.....

Tags : Kerala High Court, Defacto Complainant



SC: Action Instituted u/s 31 Specific Relief Act is Arbitrable as It is Not Action in Rem(21.08.2020)

Supreme Court has held that an action instituted under section 31 of the Specific Relief Act, 1963 is not an action in rem, but an action in personam,.....

Tags : Supreme Court, Action Instituted u/s 31 Specific Relief Act



J&K HC: Act of Accused to Take Off Clothes Amounts to Sexual Harassment Under POCSO Act(14.07.2021)

Jammu and Kashmir High Court has held that the act of an accused to take off his own and victim's trousers, in the absence of penetration, does not am.....

Tags : Jammu and Kashmir High Court, Act of Accused to Take Off Clothes



Delhi HC Seeks Delhi Govt's Reply in Plea Challenging Validity of Delhi Minorities Commission Act(30.07.2020)

Delhi High Court has directed the Delhi Government to file a reply in a plea challenging the validity of the Delhi Minorities Commission Act, 1999.

Tags : Delhi High Court, Validity of Delhi Minorities Commission Act



Allahabad HC Seeks Implementation of SC Order for Supply of Food to Children, Lactating Women(04.08.2020)

Allahabad High Court has sought an update from the Union Ministry of Women & Child Development regarding their policy for providing nutritional food t.....

Tags : Allahabad High Court, Supply of Food to Children, Lactating Women



Calcutta HC: Reporting of Illegal Activity in Honest Way, Fundamental Right of Reporter(04.08.2020)

Calcutta HC has said it is the fundamental right of a reporter to publish news of “any illegal” activity “in an honest way”, and “proper reporting” ca.....

Tags : Calcutta High Court, Reporting of Illegal Activity



Chhattisgarh HC Issues Practice Directions to Magistrates Trying Offences Under NI Act(05.07.2021)

Chhattisgarh High Court has issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instru.....

Tags : Chhattisgarh High Court, Practice Directions to Magistrates Trying Offences Under NI Act



Allahabad HC: Activity of Running Hostel by Charitable Institution Not Separate Business(05.07.2021)

Allahabad High Court has held that the activity of running hostel by a charitable institution engaged in the business of imparting education is not a .....

Tags : Allahabad High Court, Activity of Running Hostel by Charitable Institution



SC Directs to Discontinue Practice of Shifting Mentally Ill Patients to Old Age Homes(06.07.2021)

Supreme Court has directed State of Maharashtra to discontinue the practice of shifting mentally ill patients from medical establishments to beggar ho.....

Tags : Supreme Court, Practice of Shifting Mentally Ill Patients to Old Age Homes



NGT Orders Compensation to Victims Injured From Blast in Palghar Fire Cracker Factory(29.06.2021)

National Green Tribunal (NGT) has ordered the State Government to provide compensation to the victims in a suo moto case registered by it on the basis.....

Tags : National Green Tribunal, Palghar Fire Cracker Factory



SC Directs States/UTs to Strictly Implement Inter-State Migrant Workmen Act 1979(30.06.2021)

Supreme Court has directed all the States/Union Territories to register all establishments and license all contractors under the Inter-State Migrant W.....

Tags : Supreme Court, Inter-State Migrant Workmen Act 1979



Supreme Court Dismisses Plea Challenging Tamil Nadu Land Acquisition Laws Act 2019(30.06.2021)

Supreme Court has held that the Tamil Nadu State legislature had legislative competence to enact Tamil Nadu Land Acquisition Laws (Revival of Operatio.....

Tags : Supreme Court, Tamil Nadu Land Acquisition Laws Act 2019



SC: Provisions of Limitation Act Will Apply to Arbitration Proceedings Under MSMED Act(30.06.2021)

Supreme Court held that the provisions of Limitation Act, 1963 will apply to arbitration proceedings initiated under Section 18(3) of Micro, Small and.....

Tags : Supreme Court, Arbitration Proceedings Under MSMED Act



AP HC Seeks Report on Non-Payment of Dues to Two Private Contractors(30.06.2021)

Andhra Pradesh High Court has sought a report on seemingly 'pathetic' financial status of the State Government along with reasons for non-payment of d.....

Tags : Andhra Pradesh High Court, Non-Payment of Dues to Two Private Contractors



Delhi HC: Exception 3 to Section 28 Contract Act Does Not Deal with Bank Guarantees(02.08.2021)

Delhi High Court has interpreted Exception 3 to Section 28 of the Indian Contract Act 1872 to hold that it does not deal with 'claim period' under Ban.....

Tags : Delhi High Court, Exception 3 to Section 28 Contract Act



Sikkim HC: Permission to Extract Groundwater Must Record Reasons by Central Ground Water Board(02.08.2021)

Sikkim High Court has observed that permission to extract groundwater granted to the industries in the State must record satisfaction and assign reaso.....

Tags : Sikkim High Court, Permission to Extract Groundwater



Supreme Court Issues Notice on Plea Against Continued Use of 66A Information Technology Act(02.08.2021)

Supreme Court has issued notice to States, Union Territories and Registrar of High Courts in plea filed by Peoples Union for Civil Liberties (PUCL) se.....

Tags : Supreme Court, Continued Use of 66A Information Technology Act



Madras HC Refuses to Redact Name of Person from Court Records Who was Acquitted of All Charges(03.08.2021)

Madras High Court has refused to redact the name of a person from court records, who was acquitted of all criminal charges levelled against him, while.....

Tags : Madras High Court, Redact Name of Person from Court Records



SEBI Allows Payments Banks to Carry Out Activities of Investment Bankers(04.08.2021)

Securities and Exchange Board of India has allowed payments banks to carry out the activities of investment bankers to provide easy access to investor.....

Tags : Securities and Exchange Board of India, Activities of Investment Bankers



SC Issues Notice on PIL Challenging 2004 NCMEI Act for Not Recognising Minorities at State-Level(28.08.2020)

Supreme Court has issued notice to the Centre on a Public Interest Litigation challenging validity of provisions of National Commission for Minority E.....

Tags : Supreme Court, National Commission for Minority Education Institution Act, 2004



Patna HC Seeks Report on Implementation of Transgender Persons (Protection of Rights) Act(31.08.2020)

Patna High Court has sought a report from the Central as well as the State Government, delineating the steps taken by them to implement the welfare pr.....

Tags : Patna High Court, Transgender Persons (Protection of Rights) Act



Karnataka HC Directs State Government to Implement Provisions of Transgender Act(03.09.2020)

Karnataka High Court has directed the State Government to take steps for implementation of the relevant provisions of the Transgender Persons (Protect.....

Tags : Karnataka High Court, Transgender Act



Delhi HC Seeks Status Report on Impact of Extension of Interim Orders on Undertrial Prisoners(20.07.2021)

Delhi High Court has sought status report from the Delhi Government on the impact of extension of interim orders, and interim bails granted to the und.....

Tags : Delhi High Court, Impact of Extension of Interim Orders on Undertrial Prisoners



Lok Sabha Passes Factoring Regulation (Amendment) Bill, 2021(27.07.2021)

Lok Sabha has passed the Factoring Regulation (Amendment) Bill, 2021 with an aim to liberalize the Factoring Regulation Act, 2011 by widening the scop.....

Tags : Lok Sabha, Factoring Regulation (Amendment) Bill, 2021



Madras HC Stays Single Bench Judgment Against Tamil Actor Vijay(27.07.2021)

Madras High Court has stayed a single bench judgment which had passed adverse observations against Tamil Actor Vijay and had imposed a cost of Rs 1 la.....

Tags : Madras High Court, Tamil Actor Vijay



SC Dismisses Plea Raising Concerns Over Slaughter of Animals in Religious Practice(16.10.2020)

Supreme Court has disposed of a plea raising concerns of slaughter of cows, poaching of elephants, killing of wild animals for crop protection and ani.....

Tags : Supreme Court, Slaughter of Animals in Religious Practice



J&K HC Pulls Up Investigating Agencies for Delay in Action in Serious Cases(23.10.2020)

Jammu and Kashmir High Court has pulled up the investigating agencies in the Union Territory for "sleeping over" criminal cases registered years ago, .....

Tags : Jammu and Kashmir High Court, Delay in Action in Serious Cases



Gujarat HC Holds Pleas Challenging Prohibition on Manufacture of Liquor as Maintainable(24.08.2021)

Gujarat High Court has observed that the law prohibiting the use and consumption of intoxicating liquor has never been put to judicial scrutiny before.....

Tags : Gujarat High Court, Prohibition on Manufacture of Liquor



Gujarat High Court Refuses to Hear Plea Challenging Validity of S.14 SARFAESI Act(25.08.2021)

Gujarat High Court has refused to entertain a plea challenging the vires of Section 14 of the Securitisation and Reconstruction of Financial Assets an.....

Tags : Gujarat High Court, Validity of S.14 SARFAESI Act



Gujarat HC: Solitary Offence Under Prohibition Act No Ground for Preventive Detention Under PASA(26.08.2021)

Gujarat High Court has held that just because a solitary offence has been registered against the appellant-detenu under the Gujarat Prohibition Act, 1.....

Tags : Gujarat High Court, Solitary Offence Under Prohibition Act



Kerala HC: Benefit of Gratuity Act Cannot Be Denied to Employee by Designating as Trainee(03.11.2020)

Kerala High Court has observed that an employer cannot deny the benefit of Payment of Gratuity Act, 1972 to an employee by designating him/her as trai.....

Tags : Kerala High Court, Benefit of Gratuity Act



Supreme Court Refuses to Entertain Petition Challenging Section 8(2) of Citizenship Act, 1955(04.11.2020)

Supreme Court has refused to entertain a writ petition which challenged the constitutionality of Section 8(2) of the Citizenship Act, 1955.

Tags : Supreme Court, Citizenship Act, 1955



AAAR: Number of Tasks Entrusted Through Single Contract Would Not Constitute ‘Composite Supply’(16.09.2021)

Appellate Authority of Advance Ruling (AAAR), Karnataka has ruled that the number of tasks entrusted through a single contract would not constitute ‘c.....

Tags : Appellate Authority of Advance Ruling, Number of Tasks Entrusted Through Single Contract



SC Asks for Counter Affidavit in Plea Challenging Tribunal Reforms Act 2021(16.09.2021)

Supreme Court has asked the Central Government to file its counter-affidavit in the petitions challenging the Tribunals Reforms Act 2021 in the writ p.....

Tags : Supreme Court, Tribunal Reforms Act 2021



Gauhati HC: Three Conditions Under Section 37 NDPS Act to Grant Bail Conjunctive in Nature(16.09.2021)

Gauhati High Court has held that the three conditions stipulated under Section 37 of the NDPS Act for grant of bail to an accused person are conjuncti.....

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MP HC Grants Bail to Man Booked Under POCSO Act for Raping 15-Year Old Girl(17.09.2021)

Madhya Pradesh High Court has granted bail to a man booked under the Protection of Children from Sexual Offences Act, 2012 for allegedly raping a 15-y.....

Tags : Madhya Pradesh High Court, Man Booked Under POCSO Act for Raping 15-Year Old Girl



Private Hospitals are Covered Under Payment of Gratuity Act : Kerala HC(23.01.2019)

Kerala High Court has held that private hospitals are covered under the Payment of Gratuity Act, 1972.

Tags : Kerala High Court, Payment of Gratuity Act



Supreme Court Seeks Centre’s Response on Plea of AIMPLB Challenging Triple Talaq Act(13.11.2019)

Supreme Court has sought response from the Centre on a plea of the All India Muslim Personal Law Board (AIMPLB) challenging the law which criminalises.....

Tags : Supreme Court, Triple Talaq Act



Supreme Court Strikes Down Rules in Amended Finance Act 2017 on Tribunals(13.11.2019)

Supreme Court has struck down rules in the amended Finance Act, 2017 on Tribunals and has directed the Government to reformulate fresh norms with resp.....

Tags : Supreme Court, Finance Act 2017



SC: Magistrate Can Order Registration of FIR for Offences Under Mines And Minerals Act(04.12.2020)

Supreme Court has observed that the bar under Section 22 of the Mines & Minerals (Development & Regulation) Act, 1957 (MMDR Act) is not attracted when.....

Tags : Supreme Court, Registration of FIR for Offences Under Mines And Minerals Act



Karnataka HC: Apartment Subjected to Apartment Ownership Act, Ownership Flats Act Won't Apply(28.09.2021)

Karnataka High Court has declared that once an Apartment, Building, Property is subjected to the provisions of Karnataka Apartment Ownership Act (KAOA.....

Tags : Karnataka High Court, Karnataka Apartment Ownership Act 1972



SC: 'Ten Times Penalty' Prescribed for Deficit Stamp Duty Cannot be Mechanically Imposed(18.09.2020)

Supreme Court has observed that the penalty of ten times prescribed under Section 40(1) (b) of the Indian Stamp Act, 1899 cannot be mechanically impos.....

Tags : Supreme Court, Penalty under Indian Stamp Act, 1899



Madras HC Directs Centre to Strictly Follow Provisions of Official Languages Act(06.09.2021)

Madras High Court has directed the Centre to strictly follow the provisions of the Official Languages Act while emphasizing that once a representation.....

Tags : Madras High Court, Provisions of Official Languages Act



Kerala HC: Marriages Under Special Marriage Act Can be Registered Through Video Conference(07.09.2021)

Kerala High Court has ruled that considering the technological advancements in place, marriages under the Special Marriage Act (SMA), 1954 can be regi.....

Tags : Kerala High Court, Marriages Under Special Marriage Act



CESTAT, Hyderabad: SEZ Act to Have Overriding Effect Over Service Tax Laws(08.09.2021)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Hyderabad has ruled that Special Economic Zone (SEZ) Act, 2005 has an overriding effect o.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, SEZ Act



Karnataka HC Directs State to Take Action Against Illegal Building Permissions Granted(08.09.2021)

Karnataka High Court has directed the State Government to take action against persons in authority, who granted "illegal permissions" in respect of va.....

Tags : Karnataka High Court, Action Against Illegal Building Permissions Granted



Karnataka HC Asks Rajiv Gandhi University of Health Sciences to Re-Conduct Practical Exams(09.09.2021)

Karnataka High Court has directed the Rajiv Gandhi University of Health Sciences to re-conduct the 'Practical Examinations' for eight final year stude.....

Tags : Karnataka High Court, Re-Conduct Practical Exams



Allahabad HC Seeks Govt Response on Enforcement of Clinical Establishments Act, 2010(25.11.2020)

Allahabad High Court has called upon the State Government to apprise it about steps taken to regulate clinical establishments in the State, in view of.....

Tags : Allahabad High Court, Enforcement of Clinical Establishments Act, 2010



Allahabad HC Calls Upon Transport Commissioner in Plea for Compliance of Motor Vehicles Act(25.11.2020)

Allahabad High Court has called upon the Transport Commissioner, Uttar Pradesh to respond on the issue with regard to compliance of the mandatory prov.....

Tags : Allahabad High Court, Compliance of Motor Vehicles Act



SC Asks Madras HC to Decide Constitutional Validity of Section 40(a)(iib) of Income Tax Act(26.11.2020)

Supreme Court has directed the Madras High Court to decide the constitutional validity of Section 40(a)(iib) of the Income Tax Act, 1961.

Tags : Supreme Court, Constitutional Validity of Section 40(a)(iib) of Income Tax Act



Delhi HC: Amendment to Prevention of Corruption Act Not to Apply to Offences Taken Place(26.11.2020)

Delhi High Court has held that the 2018 amendment to the Prevention of Corruption Act, does not apply to the offences which have already taken place.

Tags : Delhi High Court, Amendment to Prevention of Corruption Act



Punjab and Haryana HC: Specifying Rights of Accused under NDPS Act Mandatory Requirement(08.11.2021)

Punjab and Haryana High Court has observed that a notice under Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 should specify what .....

Tags : Punjab and Haryana High Court, Rights of Accused under NDPS Act



Bombay HC: Lack of Aadhaar Linkage No Reason to Deny Benefits Under Food Security Act(08.11.2021)

Bombay High Court has ordered the Tehsildar of Murbad to distribute supplies to nearly 90 tribals, noting that several tribals were denied supplies un.....

Tags : Bombay High Court, Benefits Under Food Security Act



SC: High Courts Can Exercise Limited Factual Review Under Section 103 CPC(10.09.2021)

Supreme Court has observed that High Courts are empowered to exercise limited factual review under Section 103 of the Code of Civil Procedure, 1908. T.....

Tags : Supreme Court, Limited Factual Review



Madras HC Reprimands Practice of Displaying Photographs of CM on School Bags(10.09.2021)

Madras High Court has reprimanded the practice of displaying photographs of Chief Ministers or other public functionaries on school bags, textbooks an.....

Tags : Madras High Court, Practice of Displaying Photographs of CM on School Bags



Gauhati HC: Second Marriage Contracted by Muslim Man with Hindu Woman is Void(13.09.2021)

Gauhati High Court has observed that section 4 of the Special Marriage Act, 1954 does not save a second marriage contracted by a Muslim male with a Hi.....

Tags : Gauhati High Court, Second Marriage Contracted by Muslim Man with Hindu Woman



Delhi HC Seeks Response on Plea Challenging Provisions of Recovery of Debts and Bankruptcy Act, 1993(13.09.2021)

Delhi High Court has sought response of the Centre on a plea challenging provisions of Recovery of Debts and Bankruptcy Act, 1993 regarding appointmen.....

Tags : Delhi High Court, Provisions of Recovery of Debts and Bankruptcy Act, 1993



Telangana HC: Presumption u/s 139 NI Act is Unsustainable if Failure to Show Debt Transaction(13.09.2021)

Telangana High Court has observed that presumption under Section 139 of the Negotiable Instruments Act, 1881 is unsustainable if there is a failure to.....

Tags : Telangana High Court, Presumption u/s 139 NI Act



SC Declines Plea Challenging Constitutional Validity of Provisions of CGST Act, 2017(08.01.2021)

Supreme Court has declined to entertain a writ petition challenging constitutional validity of various provisions of the Central Goods Service Tax Act.....

Tags : Supreme Court, Constitutional Validity of Provisions of CGST Act, 2017



P&H HC: Implementing Party Cannot be Liable for Proceedings Under Contempt of Court(11.01.2021)

Punjab and Haryana High Court has observed that an implementing party could not be made liable for proceedings under the Contempt of Court Act, 1971 f.....

Tags : Punjab and Haryana High Court, Proceedings Under Contempt of Court Act



NCDRC: Bank Liable for Fraudulent Online Transaction if Account Holder's Fault Not Proved(11.01.2021)

National Consumer Disputes Redressal Commission (NCDRC) has held that in case of fraudulent transactions leading to withdraw of money from a person's .....

Tags : National Consumer Disputes Redressal Commission, Fraudulent Online Banking Transaction



Madras High Court Issues Notice on Plea Challenging Constitutional Validity of RP Act(11.01.2021)

Madras High Court has issued notices to the Centre and Election Commission of India (ECI) on a Petition challenging the constitutional validity of Sec.....

Tags : Madras High Court, Constitutional Validity of Representation of Peoples Act, 1951



SC: Tenants Ought to be in Actual Possession of Premises to Avail Benefit of Tenants Protection Act(15.11.2021)

Supreme Court has reiterated that the tenants ought to be in actual possession of the premises to avail the benefit of Section 9 of the Tamil Nadu Cit.....

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Kerala High Court Grants Bail to Accused Manikandan in Actor Sexual Assault Case(16.11.2021)

Kerala High Court has granted bail to Manikandan, the third accused in the 2017 sensational case relating to the abduction and sexual assault of a Mal.....

Tags : Kerala High Court, Actor Sexual Assault Case



ITAT: Single Transaction of Buying and Selling of Shares Can’t be Treated as Business Activity(29.09.2021)

Income Tax Appellate Tribunal (ITAT), Chennai has held that a single transaction of buying and selling of shares cannot be treated as a business acti.....

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Karnataka HC Restrains Aditya Birla from Manufacture of Sanitary Undergarment(29.09.2021)

Karnataka High Court has made absolute, an ex-parte temporary injunction restraining Aditya Birla Fashion and Retail Limited from manufacturing/ selli.....

Tags : Karnataka High Court, Manufacture of Sanitary Undergarment



Calcutta HC Seeks Response on Application of Foreigners Act, 1946 on Religious Minorities(29.09.2021)

Calcutta High Court has sought the State government's stand on the application of the Foreigners Act, 1946 in respect of prosecution of religious mino.....

Tags : Calcutta High Court, Application of Foreigners Act, 1946 on Religious Minorities



Kerala HC: Interest Under Customs Act Statutory, Cannot Be Waived Unless Authorised By Act(30.09.2021)

Kerala High Court has ruled that a Court cannot waive the payment of interest while exercising its jurisdiction under Article 226 of the Constitution,.....

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Kerala HC Disposes Plea Questioning Practices Related To Engaging Foreign Pilots On Contract(30.09.2021)

Kerala High Court has directed a former Indigo Airlines Captain, a Portuguese national who had questioned practices related to engaging foreign pilots.....

Tags : Kerala High Court, Foreign Pilots On Contract



Supreme Court Stays TV Actor Chahatt Khanna's Ex-husband Farhan Mirza's Arrest(01.10.2021)

Supreme Court has granted protection from arrest to TV Actress Chahat Khanna's husband Farhan Shahrukh Mirza in relation to the FIR registered accusin.....

Tags : Supreme Court, TV Actor Chahatt Khanna



SC Allows Centre to Withdraw Plea to Restrain Farmers' Tractor Rally on Republic Day(20.01.2021)

Supreme Court has allowed the Delhi police to withdraw its application seeking for an injunction against the tractor rally proposed to be carried out .....

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Supreme Court Rejects Aadhaar Review Plea in 4:1 Verdict(21.01.2021)

Supreme Court has dismissed a petition seeking re-examination of its 2018 verdict by which the Aadhaar Act, 2016 was declared valid and constitutional.....

Tags : Supreme Court, Validity of Aadhar Act, 2016



SC: Section 12(5) Of Arbitration & Conciliation Act is Mandatory & Non- Derogable Provision(22.01.2021)

Supreme Court has observed that the Section 12(5) of the Arbitration and Conciliation Act, 1996 read with the Seventh Schedule, which deals with ineli.....

Tags : Supreme Court, Section 12(5) Of Arbitration & Conciliation Act



OHCHR Urges Indian Government to Release Bhima Koregaon Activists(25.01.2021)

Office of the High Commissioner for Human Rights (OHCHR) of the United Nations has urged the Indian government to release the activists who are in pri.....

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Karnataka HC: Senior Citizens Act Prospective in Nature; Won't Affect Past Transactions(29.11.2021)

Karnataka High Court has reiterated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is prospective in nature and will only .....

Tags : Karnataka High Court, Senior Citizens Act



J&K&L HC Issues Guiding Factor to Magistrates to Pass Conviction Orders Under NI Act(29.11.2021)

Jammu & Kashmir And Ladakh High Court has issued certain guiding factors for Magistrates to consider when they pass conviction orders under Section 13.....

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Madras HC Directs Food Safety Department Officials to Come Up With Module for Hygiene Practices(27.08.2021)

Madras High Court has directed the food safety department officials to come up with a module of hygienic practices to be followed by all those involve.....

Tags : Madras High Court, Hygiene Practices



Madras HC Directs to Consider Application Seeking Exemption of Temple from Factories Act(27.08.2021)

Madras High Court has directed the State government to consider an application made by Palani Dhandayuthapani Swamy Temple authorities seeking exempti.....

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Gujarat HC: Gujarat Freedom of Religion (Amendment) Act 2021 Won't Apply to Inter-Faith Marriages(27.08.2021)

Gujarat High Court has passed an interim order stating that the provisions of the Gujarat Freedom of Religion (Amendment) Act, 2021, will not apply to.....

Tags : Gujarat High Court, Gujarat Freedom of Religion (Amendment) Act 2021



Karnataka HC: Right to Appeal Under Maintenance Act Conferred on Both Sides(27.08.2021)

Karnataka High Court has said that the right to appeal under Section 16 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2002 is.....

Tags : Karnataka High Court, Right to Appeal Under Maintenance Act



Madras HC: Onus to Prove Genuineness of Transaction Solely Lies on Assessee(01.09.2021)

Madras High Court has held that the onus to prove the genuineness of transaction solely lies on the assessee, mere statutory approvals do not sanctify.....

Tags : Madras High Court, Genuineness of Transaction



SC Issues Notice on Plea Challenging MHA Notification Extending Compliance Date of FCRA Act(03.09.2021)

Supreme Court has issued notice on a batch of petitions challenging the Ministry of Home Affairs (MHA), Government of India notification dated May 18,.....

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Union Cabinet Approves Amendments to JJ Act to Give More Power to DMs(18.02.2021)

Union Cabinet has approved amendments to the Juvenile Justice (Care and Protection of Children) Act, 2015 to give district magistrates the power to is.....

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Allahabad HC: Arbitration Under Highways Act Limited to Independent Determination of Compensation(19.02.2021)

Allahabad High Court has ruled that arbitration under section 3-G (5) of The National Highways Act, 1956 is limited to the determination of the fair a.....

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Delhi HC Issues Notice on Disha Ravi's Plea Alleging Leakage of Information to Media(19.02.2021)

Delhi High Court has issued notice on a plea filed by Activist Disha Ravi seeking to restrain Delhi Police from leaking any investigation material rel.....

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SC Issues Notice on Pleas Challenging Section 101A Inserted by Haryana in Land Acquisition Act(19.02.2021)

Supreme Court has issued notice on a batch of writ petitions which challenge Section 101A inserted by Haryana assembly in the Right to Fair Compensati.....

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AAR: Activity of Bus Bodybuilding is Supply of Goods and Services Depending on Principal Supply(07.12.2021)

Authority of Advance Ruling (AAR), Uttar Pradesh has ruled that activity of bus body building is supply of goods and services depending on the princip.....

Tags : Authority of Advance Ruling, Activity of Bus Bodybuilding



SC Issues Notice on Parsi Group's Plea to Allow Last Rites As Per Religious Practices(07.12.2021)

Supreme Court has issued notice on a plea by the Surat Parsi Panchayat Board for a direction to permit it and its members to perform Dokhmenashini/las.....

Tags : Supreme Court, Last Rites As Per Religious Practices



Madras High Court Quashes Criminal Defamation Case Against DMK Leader Kanimozhi Karunanidhi(09.11.2021)

Madras High Court has quashed a criminal defamation case filed against DMK leader Kanimozhi Karunanidhi, for allegedly levelling unfounded corruption .....

Tags : Delhi High Court, Uploading of Orders Passed U/S 14 of SARFAESI Act



Delhi High Court Asks CMMs to Ensure Prompt Uploading of Orders Passed U/S 14 of SARFAESI Act(09.11.2021)

Delhi High Court has asked all the Chief Metropolitan Magistrates in city courts to ensure that the orders passed by them under Section 14 of the Secu.....

Tags : Delhi High Court, Uploading of Orders Passed U/S 14 of SARFAESI Act



Central Government Amends GFRs Permitting Payment of 75% Arbitral Amount to Contractors(10.11.2021)

Central Government has amended the General Financial Rules, 2017 (GFRs), followed by the government departments and agencies, to give effect to a Cabi.....

Tags : Central Government, Payment of Arbitral Award to Contractors



Delhi HC Seeks Response in Plea Seeking Action Plan to Control Dengue Outbreak(10.11.2021)

Delhi High Court has sought response of the Delhi Government and the North Delhi Municipal Corporation in a plea seeking an action plan to control the.....

Tags : Delhi High Court, Action Plan to Control Dengue Outbreak



Delhi HC: Practice of Handwritten Clauses In Mediation Settlement Needs To Be Discontinued(10.11.2021)

Delhi High Court has observed that the practice of handwritten clauses in mediation settlements needs to be discontinued forthwith, unless it is count.....

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SC: Complaint Filed Under Section 138 NI Act Filed on Behalf of Company Not Liable to be Dismissed(11.11.2021)

Supreme Court has held that a complaint filed on behalf of a company under Section 138 of the Negotiable Instruments Act, 1881 is not liable to be dis.....

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SC Restrains Tripura Police From Taking Coercive Steps Against 3 Persons Booked Under UAPA(17.11.2021)

Supreme Court has directed Tripura Police that no coercive steps should be taken against 2 lawyers & 1 journalist, who were booked under anti-terror l.....

Tags : Supreme court, Unlawful Activities Prevention Act



SC Sets Aside Bombay HC’s Judgment Interpreting Touch as Skin-to- Skin Contact Under POCSO Act(18.11.2021)

Supreme Court has set aside a judgment of the Bombay High Court that held that skin-to-skin contact was necessary for the offence of sexual assault un.....

Tags : Supreme Court, Skin-to- Skin Contact Under POCSO Act



CESTAT, Chennai: No Service Tax Leviable on Goods Component of Composite Works Contract(19.11.2021)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Chennai has held that no service tax is leviable on goods component of composite works c.....

Tags : Customs, Excise, and Service Tax Appellate Tribunal, Service Tax Leviable on Goods Component of Composite Works Contract



SC Issues Directions for Disbursement of Compensation And Expeditious Adjudication of MACT Claims(19.11.2021)

Supreme Court has issued a slew of directions regarding disbursement of compensation and expeditious adjudication of motor accident claims by online m.....

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Madras HC Grants Bail Murder Accused in Cashew Factory Worker's Death Case(22.11.2021)

Madras High Court has granted bail to murder accused T.R.V. S Ramesh, DMK MP from Cuddalore, upon satisfaction that a substantial portion of the polic.....

Tags : Madras High Court, Cashew Factory Worker's Death Case



Delhi HC Issues Notice on Plea Challenging Essential Defence Services Act, 2021(17.09.2021)

Delhi High Court has issued notices to the Centre and the Defence Ministry on a plea challenging vires of certain the Essential Defence Services Act 2.....

Tags : Delhi High Court, Essential Defence Services Act, 2021



Allahabad HC Refuses to Quash FIR Registered Under UP Prevention of Cow Slaughter Act, 1955(20.09.2021)

Allahabad High Court has refused to quash an FIR registered under the U.P. Prevention of Cow Slaughter Act, 1955 against 7 persons, booked under Secti.....

Tags : Allahabad High Court, FIR Registered Under UP Prevention of Cow Slaughter Act, 1955



SC: Successful Allottee or Bidder to Decide on Existing Contracts in Coal Mining Operation(22.09.2021)

Supreme Court has observed that a successful allottee or bidder has complete freedom to decide as to whether he desires to continue or adopt any such .....

Tags : Supreme Court, Contracts in Coal Mining Operation



Kerala HC Disposes Of PIL Seeking Directions to Take Action for Proper Solid Waste Management(24.09.2021)

Kerala High Court has disposed of a Public Interest Litigation (PIL) seeking directions to the concerned authorities to initiate immediate action for .....

Tags : Kerala High Court, Action for Proper Solid Waste Management



Medical Termination of Pregnancy (Amendment) Act 2021 Comes Into Force from September 24(27.09.2021)

Medical Termination of Pregnancy (Amendment) Act, 2021, has come into force with effect from 24th September 2021. The amendment inter alia modifies Se.....

Tags : Medical Termination of Pregnancy (Amendment) Act 2021, Upper Limit for Medical Termination of Pregnancy



Karnataka HC Directs BBMP to Submit Action Plan for Removal of Potholes(10.02.2021)

Karnataka High Court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP), to submit an action plan for removal of potholes on a priority basis .....

Tags : Karnataka High Court, Action Plan for Removal of Potholes



Karnataka HC Issues Notice on Plea Challenging Validity of Karnataka Civil Services Act(15.02.2021)

Karnataka High Court has issued notice to the State government on a petition questioning the Karnataka Civil Services (Procedure for selection of cand.....

Tags : Karnataka High Court, Karnataka Civil Services Act



Allahabad High Court Issues Direction to Not File FIR Under Section 66A IT Act(14.12.2021)

Allahabad High Court has issued a direction to all the District Courts in Uttar Pradesh and to the Director-General of Police, Uttar Pradesh that no F.....

Tags : Allahabad High Court, Not to File FIR Under Section 66A IT Act



AAR, Telangana: ITC Can be Availed on GST Charged by Contractor Supplying Service of Works(14.12.2021)

Authority of Advance Ruling (AAR), Telangana has ruled that input tax credit can be availed on goods and services tax (GST) charged by contractor supp.....

Tags : Authority of Advance Ruling, GST Charged by Contractor Supplying Service of Works



AAR, Maharashtra: 12% GST Chargeable by Sub-Contractor to Main Contractor(15.12.2021)

Authority of Advance Ruling (AAR), Maharashtra has ruled that 12% goods and services tax (GST) shall be charged by the sub-contractor to the main cont.....

Tags : Authority of Advance Ruling, Works Contract Service



Delhi HC Directs on Disclosure of All Ingredients in Manufacture of Food Article(15.12.2021)

Delhi High Court has directed that there should be full and complete disclosure of all the ingredients which go into the manufacture of any food artic.....

Tags : Delhi High Court, Manufacture of Food Article



Karnataka HC Directs State to Ensure Medical Practitioners Nominated to Karnataka Medical Council(30.11.2021)

Karnataka High Court has directed the State Government to ensure that five medical practitioners are nominated to the Karnataka Medical Council only a.....

Tags : Karnataka High Court, Medical Practitioners Nominated to Karnataka Medical Council



SC: Businessmen Will Be Hesitant to Enter Govt Contracts If Undertakings Altered Regularly(01.12.2021)

Supreme Court has cautioned against the public authorities changing the undertakings in government contracts merely due to the change of person in pow.....

Tags : Supreme Court, Alteration of Government Contracts



SC Issues Notice on Plea Against NGT Order Stopping Commercial Activities at Nahargarh Fort, Jaipur(02.12.2021)

Supreme Court has issued notice in the appeal filed by the Secretary Department Of Archaeology And Museums. State of Rajasthan challenging National Gr.....

Tags : Supreme Court, Stopping Commercial Activities at Nahargarh Fort, Jaipur



Karnataka HC: Can't Pass Blanket Orders to Protect Doctors from Acts of Violence(02.12.2021)

Karnataka High Court has dismissed a petition filed by one Dr Vinod G Kulkarni, seeking directions to authorities to protect doctors/medical practitio.....

Tags : Karnataka High Court, Acts of Violence by Relatives of Patients



Calcutta HC Directs State to Take Proactive Steps to Ensure Implementation of Street Vendors Act(02.12.2021)

Calcutta High Court has observed that there is a duty cast on the State of West Bengal to implement the provisions of the Street Vendors (Protection o.....

Tags : Calcutta High Court, Implementation of Street Vendors Act



CESTAT, Ahmedabad: No Service Tax Payable on Job of Manufacturing Plastic Jars, Containers(03.01.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that no service tax is payable on the job of manufacturing Plastic Jar.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Job of Manufacturing Plastic Jars, Containers



SC: No Statutory Appeal Against Order u/s 14B of Maharashtra Village Panchayats Act(06.01.2022)

Supreme Court has held that no statutory appeal lies against an order passed under Section 14B(1) of the Maharashtra Village Panchayats Act, 1959, ref.....

Tags : Supreme Court, Appeal Against Order u/s 14B of Maharashtra Village Panchayats Act



Karnataka High Court: ED Can Probe A Case Throughout India Under PMLA(07.01.2022)

Karnataka High Court has said that the Enforcement Directorate can probe a case throughout India, including the Union Territory of Jammu and Kashmir u.....

Tags : Karnataka High Court, Prevention Of Money Laundering Act, 2002, Enforcement Directorate



CESTAT Grants Partial Relief To Bata On Issue Of Denial Of CENVAT Credit(07.01.2022)

Karnataka High Court upheld the validity of Section 54(3) of the CGST Act refers to the refund of unutilized Input Tax Credit (ITC). The Section is en.....

Tags : Karnataka High Court, Validity, CGST Act



Bombay HC: Aggrieved Person Under DV Act Must be Alive at Time of Filing Petition(10.01.2022)

Bombay High Court has ruled that an aggrieved person, as defined under the Protection of Women from Domestic Violence Act (DV Act), 2005 must be alive.....

Tags : Bombay High Court, Domestic Violence Act



ITAT, Mumbai: Activities Undertaken by Builders Association Not Trade, Commerce or Business(16.03.2021)

Income Tax Appellate Tribunal (ITAT), Mumbai has allowed the exemption under section 11(1)(a) of the Income Tax Act, 1961 as activities undertaken by .....

Tags : Income Tax Appellate Tribunal, Activities Undertaken by Builders Association



Delhi HC Orders Constitution of Medical Board to Examine Farmer's Death During Tractor Rally(18.03.2021)

Delhi High Court has directed the Secretary, Health, Delhi Government to form a Medical Board to examine the X-Ray report in relation to the death of .....

Tags : Delhi High Court, Farmer's Death During Tractor Rally



Kerala HC: Demand Notice Need Not Disclose Nature of Transaction Leading to Issuance of Cheque(19.03.2021)

Kerala High Court has held that a demand notice under Section 138 of the Negotiable Instruments Act, 1881 need not disclose the nature of transaction .....

Tags : Kerala High Court, Demand Notice u/s 138 NI Act



Kerala HC Directs to Enquire Into Allegations of Media Trial in Actor Assault Case(18.01.2022)

Kerala High Court has directed the State Police Chief to enquire into the allegations raised by actor Dileep that the media was flouting the trial cou.....

Tags : Kerala High Court, Actor Assault Case



SC Issues Notice in Plea Challenging Constitutional Validity of S. 18 of Transgender Act(21.01.2022)

Supreme Court has issued notice to the Union Government in a writ petition filed challenging the Constitutional validity of Section 18 of the Transgen.....

Tags : Supreme Court, Constitutional Validity of S. 18 of Transgender Act



SC Issues Notice Seeking Effective Implementation of Mandate of S. 4 of RTI Act(21.01.2022)

Supreme Court has issued notice in a Writ Petition seeking effective implementation of the mandate of Section 4 of the Right to Information Act, 2005 .....

Tags : Supreme Court, Implementation of Mandate of S. 4 of RTI Act



President of India Approves Vivad Se Vishwas Bill, 2020(19.03.2020)

President of India, Ram Nath Kovind has given his assent to the Direct Tax Vivad se Vishwas Bill, 2020, which was introduced with the intent to reduce.....

Tags : Preseident of India, Vivad se Vishwas Act, 2020



Allahabad HC Directs Govt Not to Initiate Any Recoveries/ Coercive Action Till April 6(19.03.2020)

Allahabad High Court has directed the Uttar Pradesh Government not to take any coercive action against any individual that may force them to approach .....

Tags : Allahabad High Court, Coercive Action



Madras HC Sets Aside Police Order Denying Permission for Anti-CAA Protest Meet(19.03.2020)

Madras High Court has set aside an order passed by Superintendent of Police, Trichy (Rural) which denied permission for a public protest meeting again.....

Tags : Madras High Court, Anti- Citizenship Amendment Act, 2019



Jharkhand HC Advises State to Refrain from Coercive Actions Against Individuals(23.03.2020)

Jharkhand High Court has advised the State authorities not to take any coercive actions against any individual to cut down litigation and consequent c.....

Tags : Jharkhand High Court, Coercive Action against Individuals



Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)

Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....

Tags : Bombay High Court, National Company law Appellate Tribunal, Jurisdiction Over Petition Under Arbitration Act



Orissa High Court Upholds Validity of Odisha Universities (Amendment) Act, 2020(31.01.2022)

Orissa High Court has held that in the absence of legislation by the central government under Entry 25 List III, the subordinate legislation under Ent.....

Tags : Orissa High Court, Validity of Odisha Universities (Amendment) Act, 2020



AAR, Gujarat: Petronet’s Activity of Re-Gasification of LNG Taxable at 12%(17.12.2021)

Authority of Advance Ruling (AAR), Gujarat has ruled that Petronet’s activity of re-gasification of LNG owned by its goods and services tax (GST) regi.....

Tags : Authority of Advance Ruling, Petronet’s Activity of Re-Gasification of LNG



Madhya Pradesh HC Seeks Details on Intention of State to Promulgate Advocates Protection Act(20.12.2021)

Madhya Pradesh High Court has sought details about the present situation and the intention of the State with regard to promulgating the Advocates Prot.....

Tags : Madhya Pradesh High Court, Advocates Protection Act



Allahabad HC Directs to Regularly Update State Enactments, Amendments on Official Websites(24.12.2021)

Allahabad High Court has called upon the Uttar Pradesh Government to regularly update the text of the state laws, along with the amendments, if made, .....

Tags : Allahabad High Court, State Enactments, Amendments on Official Websites



Karnataka HC: Provision of Appeal Under DV Act Does Not Take Away Right to Approach HC(22.12.2021)

Karnataka High Court has held that the provision of Appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 does not take .....

Tags : Karnataka High Court, Provision of Appeal Under DV Act



Delhi HC: Negotiable Instruments Act Being Penal Statute Should Receive Strict Construction(22.12.2021)

Delhi High Court has observed that the Negotiable Instruments Act, 1881 should receive strict construction for the reason of being a penal statute. Th.....

Tags : Delhi High Court, Strict Construction of NI Act



SC: Novation of Contract Cannot be Considered in Petition Under Section 11 Arbitration Act(07.04.2021)

Supreme Court has observed that the question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition .....

Tags : Supreme Court, Novation of Contract



Bombay HC Issues Guidelines for Effective Implementation of POCSO Act(08.04.2021)

Bombay High Court has issued guidelines for the effective implementation of the Protection of Children from Sexual Offences (POCSO Act) Act, 2012 and .....

Tags : Bombay High Court, Effective Implementation of POCSO Act



SC Issues Notice in Plea Against Alleged Use of Banned Chemicals by Firework Manufacturers(09.04.2021)

Supreme Court has issued notice to the manufacturers in application filed against alleged use of banned chemicals by firework manufacturers, mislabell.....

Tags : Supreme Court, Alleged Use of Banned Chemicals by Firework Manufacturers



SC: HC Should Be Extremely Circumspect in Interfering With Orders Passed Under Arbitration Act(09.04.2021)

Supreme Court has reiterated that a High Court while exercising jurisdiction under Article 226 and 227 of the Constitution of India, 1949 should be ex.....

Tags : Supreme Court, Interfering With Orders Passed Under Arbitration Act



Allahabad HC Directs UP Bar Council to Take Disciplinary Action Against Striking Lawyers(17.02.2022)

Allahabad High Court has directed the Uttar Pradesh Bar Council to take disciplinary action against striking lawyers at Uttar who continuously abstain.....

Tags : Allahabad High Court, Disciplinary Action Against Striking Lawyers



Gujarat HC: To Prosecute Person Under SC/ST Act, Accused Should Have Knowledge of Caste(18.02.2022)

Gujarat High Court has held that to prosecute a person under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it must b.....

Tags : Gujarat High Court, Prosecution Under SC/ST Act



SC: Application Under Section 7 IBC Can Claim Benefit of Section 14 Limitation Act(24.03.2021)

Supreme Court has held that in an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 the applicant can claim the benefit of Secti.....

Tags : Supreme Court, Benefit of Section 14 Limitation Act



SC: Application Under Section 7 IBC Can Claim Benefit of Section 14 Limitation Act(24.03.2021)

Supreme Court has held that in an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 the applicant can claim the benefit of Secti.....

Tags : Supreme Court, Benefit of Section 14 Limitation Act



SC Issues Notice on Subramanian Swamy's Plea Challenging Provisions of Places of Worship Act(26.03.2021)

Supreme Court has issued notice on a Public Interest Litigation filed by BJP leader Subramanian Swamy challenging the Constitutional validity of the P.....

Tags : Supreme Court, Places of Worship (Special Provisions) Act 1991



SC Issues Notice on Subramanian Swamy's Plea Challenging Provisions of Places of Worship Act(26.03.2021)

Supreme Court has issued notice on a Public Interest Litigation filed by BJP leader Subramanian Swamy challenging the Constitutional validity of the P.....

Tags : Supreme Court, Places of Worship (Special Provisions) Act 1991



Delhi HC Directs ESIC to Constitute Committee to Frame Policy for Welfare of Contractual Workers(08.02.2022)

Delhi High Court has directed the Employees' State Insurance Corporation (ESIC) to constitute a committee which will frame a policy for the welfare of.....

Tags : Delhi High Court, Policy for Welfare of Contractual Workers



Supreme Court Asks High Courts to Adopt Draft Rules of Criminal Practice Within 6 Months(22.04.2021)

Supreme Court has directed the High Courts to take expeditious steps to adopt the draft rules of criminal practice, which has been prepared by amici c.....

Tags : Supreme Court, Draft Rules of Criminal Practice



Kerala HC: Recovery Proceeding Under Domestic Violence Act Only Ancillary Proceeding(22.04.2021)

Kerala High Court has held that recovery proceedings instituted under Section 20 of the Domestic Violence Act, 2005 would not operate as a bar on a Fa.....

Tags : Kerala High Court, Recovery Proceeding Under Domestic Violence Act



Bombay HC: Principal Can't Be Prosecuted For Cruelty Under JJ Act For Teacher’s Action(08.03.2022)

Bombay HC has held that the headmaster of a school cannot be prosecuted for cruelty under the Juvenile Justice Act (JJ Act) for a teacher's actions me.....

Tags : Bombay HC, Juvenile Justice Act



Gujarat HC: Anticipatory Bail Can Be Granted If No Prima Facie Offence Is Made Out(08.03.2022)

Gujarat HC has observed that anticipatory bail can be granted if no prima facie offence is made out against the person charged under the Scheduled Cas.....

Tags : Gujarat HC, Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989, Anticipatory Bail



Supreme Court: Power To Condone Delay Under Limitation Act Does Not Apply To Suits(08.03.2022)

Supreme Court has held that the power to condone delay under Section 5 of the Limitation Act does not apply to suits. The Court further held that Limi.....

Tags : Supreme Court, Limitation Act 1963, Mizoram



Delhi High Court Held That Findings of Fact Recorded by ITAT, Cannot Be Interfered(08.03.2022)

Delhi High Court has observed that in an appeal to the High Court under Section 260A of the Income Tax Act, 1961 there can be no interference with the.....

Tags : Delhi High Court , Income Tax Act, 1961



SC Seeks Details of Public Funding and Aid Given to COVID Vaccine Manufacturers(04.05.2021)

Supreme Court has sought from the Central Government the details of public funding and aid given to COVID vaccine manufacturers Bharat Biotech and Ser.....

Tags : Supreme Court, Aid Given to COVID Vaccine Manufacturers



Delhi HC Issues Notice on Plea Challenging GNCTD Amendment Act Giving More Powers to Delhi LG(04.05.2021)

Delhi High Court has issued notice in a plea challenging the vires of Government of National Capital Territory of Delhi (Amendment) Act 2021 as being .....

Tags : Delhi High Court, GNCTD Amendment Act



Patna HC: Healthcare System Seems to be Moving Aimlessly in Absence of Action Plan(04.05.2021)

Patna High Court has observed that in the absence of an action plan, the healthcare system in Bihar qua COVID-19 appeared to be moving aimlessly in th.....

Tags : Patna High Court, Absence of Action Plan



SC Declares WB-HIRA Act Repugnant to Parliamentary Law of RERA Act, 2016(05.05.2021)

Supreme Court has declared the West Bengal Housing Industry Regulation Act of 2017 (WB-HIRA) “repugnant” to the Parliamentary law of Real Estate (Regu.....

Tags : Supreme Court, West Bengal Housing Industry Regulation Act, 2017



Gujarat High Court: Past Service of Daily Wagers to Qualify for Pension(05.04.2022)

Gujarat High Court has observed that past services of the daily wagers where they have completed 240 days of continuous service under Section 25B of t.....

Tags : Gujarat High Court, daily-wagers, past services, 240 days of continuous service, Section 25B of the Industrial Disputes Act, 1947, pension



Madras High Court: Proceeding Under NI Act Cannot be Initiated During Moratorium(31.01.2022)

Madras High Court has held that as long as a moratorium under Section 14 of the Insolvency and Bankruptcy Code is imposed, proceedings under Section 1.....

Tags : Madras High Court, Proceeding Under NI Act



#Economic Survey 2021-2022: Impact of Pandemic on Consumption(31.01.2022)

India's consumption story is intact despite third wave, having grown at 7% in 2021-22 with significant amount coming in from government spending. Simi.....

Tags : Economic Survey, Impact on Consumption



SC: Section 69 (2) Partnership Act Only Bars Contract Between Firm with Third Party Defendant(01.02.2022)

Supreme Court held that to attract the bar of Section 69(2) of the Partnership Act, 1932, the contract in question must be the one entered into by par.....

Tags : Supreme Court, Section 69 (2) Partnership Act



Patna HC: Application u/s 34 Arbitration Act Challenging Arbitral Award is Not Suit(01.02.2022)

Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is no.....

Tags : Patna High Court, Application u/s 34 Arbitration Act



Chhattisgarh HC Restrains NTPC from Invoking Bank Guarantee Against Contracting Party(01.02.2022)

Chhattisgarh High Court has directed the National Thermal Power Corporation [NTPC] to try and amicably resolve a contractual dispute before proceeding.....

Tags : Chhattisgarh High Court, Bank Guarantee Against Contracting Party



Karnataka High Court: Section 63 of Copyright Act is Cognizable Offence(02.02.2022)

Karnataka High Court has held that Section 63 of the Copyright Act, 1957 which prescribes a punishment of minimum 6 months that may extend to 3 years .....

Tags : Karnataka High Court, Section 63 of Copyright Act



Madras HC Criticizes Practice of Judges Copying Issues/Questions of Law in Case(26.05.2021)

Madras High Court has criticized the practice of Judges copying the issues/ questions of law involved in a case from the pleadings itself, instead of .....

Tags : Madras High Court, Practice of Judges Copying Issues/Questions of Law in Case



Madras HC Directs Authorities to Permit Interaction Between Advocates and Inmates(28.05.2021)

Madras High Court has directed the authorities at all correctional homes to permit interaction between advocates representing the inmates and the rele.....

Tags : Madras High Court, Interaction Between Advocates and Inmates



Karnataka HC: Provisions of KPIDFE Act Cannot be Initiated After Insolvency Proceeding Initiated(31.05.2021)

Karnataka High Court has said that the provisions of the Karnataka Protection of Interest of Depositors in Financial Establishment (KPIDFE) Act, 2004,.....

Tags : Karnataka High Court, Provisions of KPIDFE Act



Supreme Court Stays Coercive Action Against Telugu Channels in FIRs for Sedition(31.05.2021)

Supreme Court has stayed coercive action against two Telugu channels - TV5 news and ABN Andhra Jyoti- in the FIRs registered by Andhra Pradesh police .....

Tags : Supreme Court, Coercive Action Against Telugu Channels



Delhi HC Grants Permanent Injunction Against Now Banned Club Factory Website(29.03.2022)

Delhi High Court has decided permanent injunction against a China based portal, Club Factory, that was banned amid pandemic by the Indian Government, .....

Tags : Delhi High Court, Trademark Infringement, Permanent Injunction, Club Factory



Bombay HC: Threshold of Public Interest Must to Stop Bypassing of Civil Courts(29.03.2022)

Bombay High Court has held that a writ Court should not exercise its powers in contractual matters under Article 226 of the Constitution, unless the s.....

Tags : Bombay High Court, Public Interest, Civil Court, Judicial Review, Contractual Obligation



DGFT Changes Export Policy of Injection Remdesivir and Remdesivir Active Pharmaceutical Ingredients(15.06.2021)

Director-General of Foreign Trade (DGFT) has notified the changes in the Export policy of Injection Remdesivir and Remdesivir Active Pharmaceutical In.....

Tags : Director-General of Foreign Trade, Export Policy of Injection Remdesivir and Remdesivir Active Pharmaceutical Ingredients



Madras HC: Applications Under Maintenance Act to be Disposed Of in Two Months(16.06.2021)

Madras High Court has directed the Chief Secretary to issue a circular instructing all Collectors and revenue officials in the State to dispose of in .....

Tags : Madras High Court, Applications Under Maintenance Act



Kerala HC: Section 164(2) Companies Act not Retrospective(21.06.2021)

Kerala High Court has dismissed a batch of petitions challenging the disqualification of around 250 Directors of Companies under Sections 164 and 167 .....

Tags : Kerala HC, Companies Act



CBDT Issues Interim Action Plan for FY 2021-22(21.06.2021)

Central Board of Direct Taxes (CBDT) has issued the interim action plan for financial year 2021-22.

Tags : CBDT, Action Plan



Madras HC: MSMED Act Overrides Arbitration Agreement between Parties(14.04.2022)

Madras High Court has ruled that section 18 of Micro, Small & Medium Enterprises Development Act, 2006 will override the arbitration clause between th.....

Tags : Madras High Court, Ministry of Micro, Small & Medium Enterprises Act, arbitration clause, overriding, non-obstante clause



Delhi HC: Sufficiency of Stamp Duty on Agreement Cannot be Adjudicated u/s 11 of A&C Act(14.04.2022)

Delhi High Court has observed that the Court can’t adjudicate on the issue whether the claims made by the petitioner are barred by limitation while de.....

Tags : Delhi High Court, Section 11 of the Arbitration and Conciliation Act, 1996, arbitration, limitation



ITAT, Delhi: Income Tax Penalty Cannot be Imposed Unless Assessee Obliged In Law(05.04.2022)

Income Tax Appellate Tribunal, Delhi observed that the penalty of income tax under section 271(1)(c) of the Income Tax Act, 1961 cannot be obligatory .....

Tags : Income Tax Appellate Tribunal, Delhi, income tax, section 271(1)(c) of the Income Tax Act, 1961, assessee



SC Issues Notice on NCLT Bar Association's Petition Challenging MCA Notification(06.04.2022)

Supreme Court has issued notice in a writ petition that seeks to change the term of 3 years fixed by a notification issued by the Ministry for the mem.....

Tags : Supreme Court, 3 years, National Company Law Tribunal, 5 years, Section 408 of the Companies Act, 2013



Bombay HC: Police Authority Can Extern Gang Members from Area Larger Than Illegal Activities(06.04.2022)

Bombay High Court has held that the authority under the Maharashtra Police Act, 1951 can pass order of externment directing externment of a person fro.....

Tags : Bombay High Court, the Maharashtra Police Act, 1951, illegal activities, externment



Delhi HC Dismisses Plea Challenging Aadhar Requirement for Availing Ration(06.04.2022)

Delhi High Court has dismissed a public interest litigation that challenges the mandatory requirement of Aadhaar card to avail free ration under the N.....

Tags : Delhi High Court, public interest litigation, National Food Security Act, 2013, Aadhaar card



CCI Orders Probe Against Zomato and Swiggy On Complaint of Anti-Competitive Practices(06.04.2022)

Competition Commission of India has directed the Director General (DG) to investigate and determine whether the conduct of Zomato and Swiggy are anti-.....

Tags : Competition Commission of India, Director General, Zomato, Swiggy, anti-competitive, Section 3(1) and Section 3(4) of the Competition Act, 2002



ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....

Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961



Delhi HC Issues Notice in Plea Challenging Vires of GNCTD Act, 2021(19.05.2021)

Delhi High Court has issued notice to Union of India and Delhi LG in another plea challenging the vires of Government of National Capital Territory of.....

Tags : Delhi High Court, Government of National Capital Territory of Delhi Act, 2021



Karnataka HC: Application Under Section 12 DV Act Not Barred by Section 468 CrPC(19.05.2021)

Karnataka High Court has held that an application made under Section 12 of the Domestic Violence Act, 2005 is not barred by period of limitation under.....

Tags : Karnataka High Court, Application Under Section 12 DV Act



Jammu and Kashmir High Court Upholds Validity of Pre-Roshni Act(20.05.2021)

Jammu and Kashmir High Court has ruled that scraping of Roshni Act does not affect the validity of Government orders and schemes related to grant of s.....

Tags : Jammu and Kashmir High Court, Roshni Act



Madras HC Quashes FIRs Against Temple Activist Rangarajan Narasimhan(25.02.2022)

Madras High Court has quashed two FIRs against temple activist Rangarajan Narasimhan for allegedly posting defamatory social media posts about the Sri.....

Tags : Madras High Court, Temple Activist Rangarajan Narasimhan



SC Directs to Implement Comprehensive Wildlife Management Plan Before Permitting Mining Activity(03.03.2022)

Supreme Court has directed the State of Odisha to implement the Comprehensive Wildlife Management Plan before permitting any mining activity in the ec.....

Tags : Supreme Court, Mining Activity



AAR, Rajasthan: Education and Training in Practices of Yoga Attracts 18% GST(03.03.2022)

Authority of Advance Ruling (AAR), Rajasthan has ruled that 18% of Goods and Service Tax (GST) is payable on education and training in physical, menta.....

Tags : Authority of Advance Ruling, Practices of Yoga



Himachal Pradesh HC Issues Notice on Plea Restraining State Government from Paying Income Tax of MLAs(29.03.2022)

Himachal Pradesh High Court has issued a notice to the state government on a plea challenging the provisions of the Himachal Pradesh Legislative Assem.....

Tags : Himachal Pradesh High Court, State Government, Himachal Pradesh Legislative Assembly (Allowances & Pension of Members) Act, 1971, Salaries & Allowances of Ministers (Himachal Pradesh) Act, 2000



Allahabad HC: Matrimonial Case Cannot Be Transferred On Ground of Distance/ Financial Stress(30.03.2022)

Allahabad High Court has held that once an application under Section 24 of the Hindu Marriage Act, 1955 has been allowed and uninterrupted litigation .....

Tags : Allahabad High Court, Matrimonial Case, Matrimonial Dispute, Transfer Application, Section 24 of the Hindu Marriage Act, 1955



Andhra Pradesh HC: In Contract, Rate of Interest May be customized by Court on Equitable Grounds:(30.03.2022)

Andhra Pradesh High Court has decided that where the rate of interest is fixed in the contract, it would be open to the Court to alter the rate of int.....

Tags : Andhra Pradesh High Court, Interest Rate, Contract



Calcutta HC: Discretionary Scope to Stay Award u/s 19 MSME Act Wider Than u/s 36(3) Arbitration Act(30.03.2022)

Calcutta High Court has held that the scope of discretion upon a Court to stay an award or a decree under Section 19 of the Micro, Small and Medium En.....

Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Small and Medium Enterprises Development Act



Madras HC Denies Bail to NRI Company Director Accused of Money Laundering(30.03.2022)

Madras High Court has refused to grant bail to Ahmed A.R Buhari, director and promoter of M/s Coastal Energen Private Limited (CEPL) who was accused u.....

Tags : Madras High Court, Section 3 of the Prevention of Money Laundering Act, 2002, of M/s Coastal Energen Private Limited



Karnataka High Court: SC /ST Prevention Of Atrocities Act Is Prospective In Nature(08.03.2022)

Karnataka High Court has observed that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, is prospective in nature and all.....

Tags : Karnataka High Court, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Prospective Application



Delhi High Court: Application For Compounding Of Offence U/S 276CC IT Act Cannot Be Rejected(08.03.2022)

Delhi High Court has held that an application for compounding of the offence under Income Tax Act, 1961 cannot be rejected on the ground that Assessee.....

Tags : Delhi High Court, Chief Commissioner of Income Tax, Section 276CC of Income Tax Act, 1961



Delhi HC Quashes Reassessment Notice, There Is No Rational Nexus To Believe Escapement Of Income(08.03.2022)

Delhi High Court has nullified the reassessment notice issued under Section 148 of Income Tax Act, 1961 on the grounds that the reason to believe was .....

Tags : Delhi High Court, Section 148, Income Tax Act, 1961, Reassessment Notice



Bombay HC: Asks Cab Aggregators To Apply For Licenses Under New Motor Vehicle Rules By March 16(08.03.2022)

Bombay High Court In a sign of accountability for all cab aggregators in Maharashtra like Uber India and Ola has ordered them to apply for new licence.....

Tags : Bombay High Court, Uber, Ola, Motor Vehicles Act, 1988



Kerala HC Dismisses Plea by Dileep to Quash Further Investigation in Actor Sexual Assault Case(09.03.2022)

Kerala High Court has dismissed a petition filed by actor Dileep seeking to quash further investigation in the actor sexual assault case being conduct.....

Tags : Kerala High Court, Actor Sexual Assault Case



AP HC Passes Interim Order Suspending Holding of Practical Exams in Jumbling Method(11.03.2022)

Andhra Pradesh High Court has given an interim order suspending the order of the Government of A.P. to hold practical examinations in jumbling method,.....

Tags : Andhra Pradesh High Court, Holding of Practical Exams in Jumbling Method



Gauhati HC Directs State to Provide Benefits to People Entitled Under Food Security Act(15.07.2021)

Gauhati High Court has directed the State Government to provide benefits and services to people entitled under the Food Security Act, 2013, observing .....

Tags : Gauhati High Court, Benefits to People Entitled Under Food Security Act



SC Refuses to Accept Argument That Speaker Has Authority to Take Action Against LDF MLAs(16.07.2021)

Supreme Court has refused to accept the Kerala government’s argument that the Speaker, and not the police, has the authority to take action against th.....

Tags : Supreme Court, Action Against LDF MLAs



P&H HC Grants Bail to Accused Booked Under UAPA Act(16.07.2021)

Punjab & Haryana High Court has granted bail to an accused booked under the Unlawful Activities (Prevention) Act, 1967, while noting that though alleg.....

Tags : Punjab & Haryana High Court, Accused Booked Under UAPA Act



Calcutta HC Issues Notice on Plea Challenging Validity of Taxation and Other Laws Act, 2020(19.07.2021)

Calcutta High Court has issued notice on a plea challenging the constitutional validity of the provisions of The Taxation and Other Laws (Relaxation a.....

Tags : Calcutta High Court, Validity of Taxation and Other Laws Act, 2020



Civil Aviation Ministry Proposes New Rules to Regulate Drone Related Activities(19.07.2021)

Ministry of Civil Aviation has invited suggestions for Draft Drone Rules to regulate Drone Related Activities. These Rules, when notified, will repeal.....

Tags : Ministry of Civil Aviation, New Rules to Regulate Drone Related Activities



Kerala HC: Magistrate Can Decide Validity of Talaq in Wife's Petition Under DV Act(02.05.2022)

Kerala High Court has held that a Magistrate is empowered to decide the plea of talaq raised by the husband in his wife's petition filed under the Dom.....

Tags : Kerala High Court, talaq, Domestic Violence Act, 2005, marital status



ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....

Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961



ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....

Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961



ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....

Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961



ITAT, Delhi: Depreciation not Allowable On Non-Compete Fee(06.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that the depreciation is not allowable on non-compete fee under section 32 of the Income Tax Act, 19.....

Tags : Income Tax Appellate Tribunal, depreciation, non-compete fee, section 32 of the Income Tax Act, 1961



ITAT, Mumbai: Provisions of Black Money Act Cannot be Invoked for Minor Breach of Law(06.04.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has observed that the provisions of the Black Money (Undisclosed Foreign Income and Assets) and Impositio.....

Tags : Income Tax Appellate Tribunal, Black Money Act



CESTAT, Bangalore Quashes Demand of Service Tax for Promotion of IPL Team(06.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Bangalore has held that the promotional activities by Anil Kumblein, former Indian skipper to carr.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, promotional activities, Anil Kumblein, advertising, Business Auxilliary Services, no service tax



ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....

Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961



Jharkhand HC: ITC Can be Denied on Inter-State Sale or Transfer of Stock(30.03.2022)

Jharkhand High Court has observed that Input Tax Credit can be denied under Section 18(8)(ix) of the Jharkhand Value Added Tax Act, 2005 on Inter-Stat.....

Tags : Jharkhand High Court, Input Tax Credit, Section 18(8)(ix) of the Jharkhand Value Added Tax Act, 2005



Chhattisgarh HC: Director Cannot Be Prosecuted u/s 138 of Negotiable Instruments Act(30.03.2022)

Chhattisgarh High Court has held that a director could not be charged under Section 138 of the Negotiable Instruments Act, 1881 without the company be.....

Tags : Chhattisgarh High Court, Section 138 of the Negotiable Instruments Act, Company



Kerala HC: No Illegality in Invoking LARR Act for Land Acquisition(30.03.2022)

Kerala High Court has reiterated that the State government was reasonable in acquiring land in furtherance of its K-Rail SilverLine Project by invokin.....

Tags : Kerala High Court, K-Rail SilverLine Project, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013



AAR, Odisha: Sending of Raw Materials for Manufacture of Industrial Gas Not Job Work(30.03.2022)

Authority for Advance Rulings, Odisha has concluded that IOCL’s sending of raw materials for the manufacture of industrial gas does not qualify job wo.....

Tags : Authority for Advance Ruling, Industrial gas, Central Goods and Services Tax Act, 2017.



P&H HC: Production Of Certificate Not Necessary to Obtain Voice Sample of Accused(30.03.2022)

Punjab and Haryana High Court has ruled that while filing an application by the prosecution to obtain the voice sample of the accused for the purposes.....

Tags : Punjab and Haryana High Court, Section 65B(4) of the Evidence Act, voice sample, certificate



ITAT, Delhi: Penalty Notice Issued Without Applying Mind in Stereotyped manner is Not Valid(30.03.2022)

Income Tax Appellate Tribunal, Delhi has observed that a penalty notice issued in a stereotyped manner under section 271(1)(c) of the Income Tax Act, .....

Tags : Delhi Income Tax Appellate Tribunal, stereotyped, Section 271(1)(c) of the Income Tax Act, 1961



Kerala HC Directs Government to Frame Rules Under Shariat Act(13.07.2018)

Kerala High Court has directed the State Government to frame rules under Section 4 of Muslim Personal Law(Shariat) Application Act 1937.

Tags : Kerala High Court, Shariat Act



Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)

Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....

Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope



Delhi HC Issues Notice in Police Officer's Plea Seeking Quashing of FIR Under SC/ST Act(16.04.2020)

Delhi High Court has issued notice in a plea moved by a police officer seeking quashing of a First Information Report (FIR) against him which was regi.....

Tags : Delhi High Court, Police Officer's Plea Seeking Quashing of FIR Under SC/ST Act



Bombay High Court Restrains MoEF from Granting Post-facto CRZ Clearance(11.05.2021)

Bombay High Court has restrained the Ministry of Environment, Forests and Climate Change from granting environmental clearance (CRZ) to any project, b.....

Tags : Bombay High Court, Post-facto CRZ Clearance



Kerala HC Seeks Response on Plea for Invocation of Compulsory Licensing for Vaccine Manufacturers(12.05.2021)

Kerala High Court has sought the response of Central Government on a petition that prays for the invocation of compulsory licensing to allow capable v.....

Tags : Kerala High Court, Invocation of Compulsory Licensing for Vaccine Manufacturers



Andhra Pradesh High Court: Executed Power Contracts Cannot be Renegotiated(16.03.2022)

Andhra Pradesh High Court has held that executed power contracts cannot be renegotiated and asked the state to clear dues estimated at Rs 30,000 Crore.....

Tags : Andhra Pradesh High Court, Power Contracts



P&H HC Issues Notice on Plea Seeking CBI Probe Into Alleged Illegal Mining Activities at Dadam(23.03.2022)

Punjab and Haryana High Court has issued a notice to the Haryana government on a plea seeking Central Bureau of Investigation probe into the alleged i.....

Tags : Punjab and Haryana High Court, Alleged Illegal Mining Activities at Dadam



AAR, Maharashtra: GST Payable on Composite Supply of Work Contract Involving Earth Work(15.04.2022)

Authority of Advance Ruling (AAR), Maharashtra has ruled that goods and services tax (GST) is payable on the composite supply of work contracts involv.....

Tags : Authority of Advance Ruling, Composite Supply of Work Contract



Bombay HC: Jurisdiction u/s 100CPC is Limited That Even Wrong or Inexcusable Finding of Fact(15.04.2022)

Bombay High Court has held that jurisdiction under Section 100 of the Code of Civil Procedure, 1908 is so limited that even a wrong or grossly inexcus.....

Tags : Bombay High Court, Wrong or Inexcusable Finding of Fact



Chhattisgarh HC: MSME Facilitation Council can Also Administer Arbitration(18.04.2022)

Chhattisgarh High Court has held that the bar under section 80 of the Arbitration and Conciliation Act, 1996 which prevents the conciliator acting as .....

Tags : Chhattisgarh High Court, section 80 of the Arbitration and Conciliation Act, 1996, Ministry of Micro, small & Medium Enterprises



Allahabad HC: Compliance of Pre-Deposit Mandatory Under RERA Act Before Entertainment(18.04.2022)

Allahabad High Court has ruled that the statutory compliance of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act,.....

Tags : Allahabad High Court, Section 43(5) of the Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal



Madras HC: Writ Petition is Not Maintainable to Enforce Arbitral Award(18.04.2022)

Madras High Court has observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under section.....

Tags : Madras High Court, arbitral award, section 36 of the Arbitration and Conciliation Act, 1996



Delhi HC Grants Bail to Person Accused Of Fraudulently Claiming ITC(18.04.2022)

Delhi High Court has allowed bail to the person accused of fraudulently claiming an input tax credit under the Central Goods and Services Tax Act, 20.....

Tags : Delhi High Court, Central Goods and Services Tax Act, 2017, input tax credit



Madras HC Seeks Response on Plea Challenging Move to Assess NEET Impact on Socially Backward(30.06.2021)

Madras High Court has directed the Tamil Nadu Government to file its counter-affidavit on a plea challenging its decision to set up a committee for th.....

Tags : Madras High Court, NEET Impact on Socially Backward



Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)

Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....

Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125



Karnataka HC: Can't Take Cognizance of Offences by Advocate Unless Sanctioned by Centre/State(13.05.2022)

Karnataka High Court has ruled that taking cognizance for offences committed by an advocate or notary is banned under Section 13 of the Notaries Act, .....

Tags : Karnataka High Court, Section 13, Notaries Act, 1952, charge sheet, cognizance



Delhi HC: Notice of Complaint Should Issue Separately to Company & its Members to Initiate Proceeding(13.05.2022)

Delhi High Court has ruled that if the company is the drawer of the cheque, a notice of complaint should issue separately to the company and its membe.....

Tags : Delhi High Court, section 138, Negotiable Instrument Act, 1881



ITAT: Income Tax Penalty U/S 271E Cannot be Levied In Absence of Regular Assessment(13.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the income tax penalty under Section 271E of the Income Tax Act, 1961 cannot be levied in the .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Section 271E, assessee



ITAT: Non-Cooperation With Dept Cannot be Sole Ground for Addition U/S 69A(13.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that mere non-cooperation with the department cannot be the sole ground to make an addition under S.....

Tags : Income Tax Appellate Tribunal, Section 69A, Income Tax Act, 1961



SC: Absence of Arbitration Agreement Make Article 137 of Limitation Act Inapplicable to Arbitration(07.04.2022)

Supreme Court has observed that Article 137 of the Limitation Act, 1963 would be inapplicable in arbitration proceedings commenced under Bihar Public .....

Tags : Supreme Court, Article 137 of the Limitation Act, 1963, Bihar Public Works Contracts Disputes Arbitration Tribunal, arbitration proceedings



Delhi HC: Filing Complaint with Unrelated Government Office Does Not Constitute Notice(07.04.2022)

Delhi High Court has observed that mere filing of a complaint with an unrelated government office expressing one's grievance does not constitute a not.....

Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, government office



Delhi HC: Collection of Service Charges from Donors Cannot Be Ground to Deny Tax Exemption(07.04.2022)

Delhi High Court has observed that the collection of service charges by India HIV AIDS Alliance from the donors cannot be treated as a reason to deny .....

Tags : Delhi High Court, service charges, India HIV AIDS Alliance, section 11, Income Tax Act, 1961, section 12



Chhattisgarh HC: Assessing Officer Failed to Record Reason for Issue of Notice u/s 148(07.04.2022)

Chhattisgarh High Court has quashed a notice on grounds that the Assessing Officer had failed to record the reason for issue of notice under section 1.....

Tags : Chhattisgarh High Court, section 148 of the Income Tax Act, 1961, Assessing Officer



Kerala HC: Waiver of Pre-Deposit u/s 35F for Filing Appeal Destroy Legislative Intent(07.04.2022)

Kerala High Court has observed that waiver of pre-deposit for filing appeal under section 35F of the Central Excise Act, 1944 would destroy the legisl.....

Tags : Kerala High Court, waiver, pre-deposit, section 35F Central Excise Act, 1944, legislative intent



Supreme Court: Mere Amalgamation Would Not invalidate Income Tax Proceedings(07.04.2022)

Supreme Court has held that whether corporate death of amalgamating entity upon amalgamation invalidates an order of assessment issued under the Incom.....

Tags : Supreme Court, amalgamation, Income Tax Act, 1961, Section 481 of the Companies Act, 1956



Delhi Court Issues Notice to Bollywood Singer and Actor Honey Singh in Domestic Violence Case(04.08.2021)

Delhi Court has issued notice to Bollywood Singer and Actor Honey Singh in a domestic violence case filed against him by his wife, Shalini Talwar. The.....

Tags : Delhi Court, Bollywood Singer and Actor Honey Singh



SC: No Rational Justification for Different Age of Retirement for Doctors Practicing Different System(04.08.2021)

Supreme Court has observed that there is no rational justification for different age of retirement for doctors practicing AYUSH system of medicines an.....

Tags : Supreme Court, Justification for Different Age of Retirement for Doctors Practicing Different Systems



Kerala HC: Penetrative Sexual Act Between Thighs of Victim Held Together is Rape(04.08.2021)

Kerala High Court has held that when the body of the victim is manipulated to simulate a sensation akin to penetration of an orifice, the offence of r.....

Tags : Kerala High Court, Penetrative Sexual Act, Rape



Delhi HC: Cognizance of Section 138 NI Act Offence Will Not Automatically Result in Decree(04.08.2021)

Delhi High Court has held that if the Metropolitan Magistrate takes cognizance of an offense under Section 138 of the Negotiable Instrument Act, 1881,.....

Tags : Delhi High Court, Offence under Section 138 NI Act



ITAT: Refund of Sewage Tax Constitute ‘Business Income’(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the refund of sewage tax would be assessed as business income as the same was earlier.....

Tags : ITAT, Sewage Tax, Income-Tax Act, 1961



Delhi HC: Not Necessary to Go Into Merits of Claim/ Counter-Claim for Appointment of Arbitrator(02.05.2022)

Delhi High Court has ruled that in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of arbitrator, it is not ne.....

Tags : Delhi High Court, Section 11, Arbitration & Conciliation Act, 1996, counter claim



ITAT, Bangalore: Irrecoverable Advances for Land for Real Estate Development Business Allowable(02.05.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the advances agreed for purchase of land in the normal course of business of carrying on real .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Real estate development



ITAT, Ahmedabad: Undisclosed Sale Consideration of Property Can Only Assessable as Capital Gain(02.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has ruled that the undisclosed sale consideration of the property can be subjected to tax as capital gain und.....

Tags : Income Tax Appellate Tribunal, capital gain, section 48, Income Tax Act, 1961, Undisclosed sale consideration



Delhi HC: Husband & Wife Two Pillars of Family, Whole House Crashes Down if One Gets Weak(03.05.2022)

Delhi High Court has upheld an order passed by the Family Court allowing divorce in favour of the wife under section 13(1)(ia) of the Hindu Marriage A.....

Tags : Delhi High Court, Family Court, Hindu Marriage Act, 1955, section 13(1)(ia), Mental cruelty



CESTAT, Mumbai: Confiscation Order Can’t be Invoked Without Corroborating Evidence(03.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has ruled that an order of confiscation under section 111(m) of customs Act 1962, along with .....

Tags : Customs, Excise & Service Tax Appellate Tribunal, section 112, Customs Act, 1962



Madras HC: Arbitral Award Not Providing Statutory Compensation Under NHA is Perverse(04.05.2022)

Madras High Court has observed that an arbitral award does not provide for payment of compulsory statutory compensation with regard to the land acquir.....

Tags : Madras High Court, arbitral award, National Highways Act, 1956



J&K&L HC: Courts Cannot Declare Particular Drug as Manufactured Drug or Psychotropic Substance(31.03.2022)

Jammu and Kashmir and Ladakh High Court has ruled that the Courts cannot declare that a particular drug is a manufactured drug or a psychotropic subst.....

Tags : Jammu and Kashmir, Ladakh, High Court, NDPS Act, manufactured drug, psychotropic substance



MP HC: Condition of Living in Separation for One Year Can't be Waived(31.03.2022)

Madhya Pradesh High Court has held that one year period of living separately is a must for filing of an application for divorce by mutual consent unde.....

Tags : Madhya Pradesh High Court, mutual consent, divorce, Section 13B(1) of the Hindu Marriage Act



Karnataka HC: Only Indian Citizens Can Start Proceedings Under Senior Citizens Act(31.03.2022)

Karnataka High Court has observed that only Indian Citizens can initiate proceedings under the Maintenance and Welfare of Parents and Senior Citizen A.....

Tags : Karnataka High Court, Maintenance and Welfare of Parents and Senior Citizen Act, 2007



AAR, Maharashtra: Design and Development of Patterns is a Supply of Service(31.03.2022)

Authority of Advance Ruling ( AAR ), Maharashtra has reiterated that the activity of design and development of patterns used for manufacturing of cams.....

Tags : Authority of Advance Ruling, manufacturing camshafts, supply of service



Gujarat HC: Positive Act of Instigation Essential for Conviction u/s 306 IPC(01.04.2022)

Gujarat High Court has observed that devoid of a positive act by the accused to instigate or aid in committing suicide, conviction under Section 306 o.....

Tags : Gujarat High Court, Section 306 of the Indian Penal Code, Positive Act of Instigation



ITAT States That Consideration Paid For Purchase Of Advertisement Space Does Not Amount To 'Royalty'(16.05.2022)

Chennai Bench of ITAT has held that consideration paid for purchase of advertisement space does not amount to 'royalty' under the Income Tax Act, 1961

Tags : ITAT Chennai, Royalty, Income Tax Act



Calcutta HC: Gazetted Officer Who Is Part Of Raid Is Not 'Independent Person'(16.05.2022)

Calcutta High Court has held that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person. The Court furthe.....

Tags : Calcutta High Court, Search, Section 50 of Narcotic Drugs and Psychotropic Substance Act



Calcutta HC: Gazetted Officer Who Is Part of Raid Is Not 'Independent Person'(16.05.2022)

Calcutta High Court has held that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person. The Court furthe.....

Tags : Calcutta High Court, Search, Section 50 of Narcotic Drugs and Psychotropic Substance Act



Karnataka HC: Invoking S.138 Of NI Act Does Not Bar Registration of Crime Under Section 420(16.05.2022)

Karnataka High Court has held that proceedings under Section 420 of the Indian Penal Code are maintainable even if a complaint has been invoked under .....

Tags : Karnataka High Court, Section 420 of Indian Penal Code, 1860, Negotiable Instruments Act, 1881



Rajasthan HC Sets Aside Family Court's Order Refusing To Waive 6 Months Cooling-Off Period(16.05.2022)

Rajasthan High Court held that a family court had committed illegality in rejecting the divorce application for waiving cooling -off six months' perio.....

Tags : Rajasthan High Court, Hindu Marriage Act, 1955



NCLAT: NCLT Doesn't Have Power to Classify Transaction As Preferential Transaction(16.05.2022)

National Company Law Appellate Law Tribunal, has observed that NCLT does not have the power to suo-moto classify a transaction as a Preferential Trans.....

Tags : National Company Law Appellate Law Tribunal, Section 44, Insolvency and Bankruptcy Code, 2016, Preferential Transaction



Delhi HC: Breach of Contract u/s 74 Not Applicable at Pre-Formation Stage(07.04.2022)

Delhi High Court has admitted a writ petition that seeks refund of bid security paid by Indian Hotels Company Limited (IHCL) and has dismissed the all.....

Tags : Delhi High Court, bid security, Indian Hotels Company Limited, pre-formation stage, breach of contract



Madhya Pradesh HC: Insecticide Not an Essential Commodity Under Essential Commodities Act(07.04.2022)

Madhya Pradesh High Court has observed that insecticide does not figure in the Schedule affixed to the Essential Commodities Act, 1955 and the provisi.....

Tags : Madhya Pradesh High Court, Essential Commodities Act, 1955, insecticide



ITAT, New Delhi: Interest on Enhanced Compensation Does Not Come u/s 56 IT Act(08.04.2022)

Income Tax Appellate Tribunal( ITAT ), New Delhi has observed that received interest on enhanced compensation does not comes under income from other s.....

Tags : Income Tax Appellate Tribunal, received interest, enhanced compensation, Tax Deduction at Source, section 194A of the income tax act, 1961



CESTAT, Delhi: No Service Tax on Toll Collection on Behalf of NHAI(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that an independent contractor is not liable to pay service tax while .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, independent contractor, National Highways Authority of India, toll collection



CESTAT, Delhi: No Central Excise Duty on Manufacture of CO2 Gas During Manufacture of Beer(08.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that central excise duty cannot be levied during the manufacture of beer on the.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, central excise duty, manufacture of beer, carbon dioxide gas, alcoholic liquors, consumption, State subject



Bombay HC: Court Can't Grant Interim Relief u/s 9 of A&C Act, If Contract is Determinable(25.04.2022)

Bombay High Court has held that an application for interim relief under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act) in the form .....

Tags : Bombay High Court, Interim Relief u/s 9 of A&C Act



CESTAT, Hyderabad: Exported Goods Cannot Be Confiscated Under Section 113 of Customs Act(26.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Hyderabad has ruled that Section 113 of the Customs Act, 1962 only provides for confiscation of go.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Section 113 of the Customs Act, 1962, confiscation of goods



Telangana HC: Outright Rejection of Stay Application is Not Justified(26.04.2022)

Telangana High Court has held that the appellate and revisional authorities must judiciously implement their discretionary power so as to grant a stay.....

Tags : Telangana High Court, appellate, revisional authorities, Telangana Value Added Tax Act, 2005



Delhi HC Directs Revenue to Grant Immunity Under Section 270AA(26.04.2022)

Delhi High Court has observed that the assessee cannot be prejudiced by the inaction of the Assessing Officer, directing the revenue to grant immunity.....

Tags : Delhi High Court, Section 270AA of the Income Tax Act, 1961, Assessing Officer



SC: Arbitral Tribunal Can Grant Post Award Interest Included in Sum of Award(26.04.2022)

Supreme Court has ruled that the Arbitral Tribunal can grant post-award interest on the sum of the award including the interest component. The Court r.....

Tags : Supreme Court, arbitral tribunal, Section 31(7), Arbitration and Conciliation Act, 1996



Allahabad HC: Non-Reporting of Seizure U/S 102 (3) CrPC Doesn't Make Such Seizure Illegal(26.04.2022)

Allahabad High Court has ruled that non-reporting of the seizure forthwith, under Section 102(3) of the Code of Criminal Procedure, 1973 shall not ips.....

Tags : Allahabad High Court, Section 102(3), Code Of Criminal Procedure, 1973, ipso facto, seizure



ITAT: Product Development Expenditure is ‘Revenue’ in Nature(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has held that the expenditure incurred on testing and validation of the products is revenue in nature.....

Tags : ITAT, Income-Tax Act, 1961, Product Development Expenditure, Revenue



ITAT: Investments Converted into Stock-in-Trade Can Avail Exemption U/S 10(38)(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune has held that investment converted into stock in trade can avail exemption u/s 10(38) of Income Tax Act 196.....

Tags : ITAT, Income-Tax Act, 1961, Stock Trade, Investment



Gauhati HC: Managing Directors Can Only be Summoned if The Representatives Are Not Cooperating(23.05.2022)

Gauhati High Court has held that the Managing Director of a company should not be directly summoned by authorities under S. 108 of the Customs Act and.....

Tags : Gauhati High Court, Managing Director, Customs Act, Authorized Representative



Meghalaya HC: Order Can’t be Passed U/s 148A(d) Without Taking Into account the Assessee’s Reply(23.05.2022)

Meghalaya High Court has held that no order can be passed under Section 148A(d) of the Income Tax Act, 1961, without taking into consideration reply f.....

Tags : Meghalaya High Court, Assessee, Income-Tax Act, 1961



Meghalaya HC Quashes Re-Assessment on Ground of Non-consideration of Objection Filed by Assessee(24.05.2022)

Meghalaya High Court has quashed a re-assessment under Section 148(d) of the Income Tax Act, 1961 on the ground that the same was passed without consi.....

Tags : Meghalaya High Court, Re-Assessment, Income-Tax Act, 1961



Karnataka High Court Extends Stay on ED Attachment of Xiaomi India Pvt. Assets(24.05.2022)

Karnataka High Court has extended the stay granted on the Enforcement Directorate’s order dated April 29 till June 1. By the said order ED has directe.....

Tags : Karnataka High Court, Enforcement Directorate, Foreign Exchange management Act



Delhi HC: Failure to Issue Notice for Additional Payment Does Not Preclude Later Claim(18.04.2022)

Delhi High Court has held that the failure on the part of the contractor to issue notice under the contract does not deprive him of his right to claim.....

Tags : Delhi High Court, contract, arbitral tribunal



ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....

Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt



ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....

Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt



ITAT, Bangalore Allows Capital Gain Exemption Since Sale Deed was Registered Within Given Time(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that the date of completion of construction of new property is immaterial to allow exemption und.....

Tags : Income Tax Appellate Tribunal, section 54F, Income Tax Act, 1961, statutory period



ITAT, Bangalore: Payment of Sub Contracting Charges to Subsidiary Liable to TDS(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that payment of sub-contracting charges to subsidiary is liable to Tax Deduction at Source.

Tags : Income Tax Appellate Tribunal, Tax Deduction at Source, sub-contracting charges



ITAT, Chennai: Penalty Can’t be Levied Based on Estimate Addition(18.04.2022)

Income Tax Appellate Tribunal, Chennai has observed that the order of penalty under section 271(1)(c) of the Income Tax Act, 1961 cannot be levied mer.....

Tags : Income Tax Appellate Tribunal, section 271(1)(c) of the Income Tax Act, 1961



Madhya Pradesh HC: Court Has Jurisdiction U/S 11 A&C Act to Appoint New Arbitrator(04.05.2022)

Madhya Pradesh High Court has held that once the appointment of arbitrator is void ab initio and the arbitrator is barred by virtue of Section 12 (5) .....

Tags : Madhya Pradesh High Court, Arbitration and Conciliation Act, 1996, Section 12 (5), void ab initio



Calcutta HC: Post-Award Interest is Not Advisory but Mandate of A&C Act(04.05.2022)

Calcutta High Court has held that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 a.....

Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Post-award



Chhattisgarh HC bar University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)

Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....

Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint



Chhattisgarh HC bars University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)

Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....

Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint



Supreme Court Uphold Over 90,000 Re-Assessment Notices Deeming them as Sec 148A Notices(05.05.2022)

Supreme Court upheld the reassessment notices under Section 148 of the unamended Income Tax Act which were issued beyond 01.04.2021 (the effective dat.....

Tags : Reassessment Notices, Income Tax Act, Section 148A, Supreme Court



Karnataka HC: Charge sheet Without FSL Report Not Defective u/s 167(2) CrPC(08.04.2022)

Karnataka High Court has observed that an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 does not get a right to default b.....

Tags : Karnataka High Court, Narcotic Drugs & Psychotropic Substances Act,1985, Section 167(2) of Code of Criminal Procedure, 1973, Forensic Science Laboratory Division, charge sheet



Madras HC: Teachers Who Unqualified TET Cannot Continue Service in Schools(08.04.2022)

Madras High Court has observed that it is compulsory for the teachers, who did not possess the minimum qualification of pass in Teacher Eligibility Te.....

Tags : Madras High Court, Teacher Eligibility Test, Right to Education Act, 2009, nine years



ITAT, Mumbai: Non-Disclosure of Foreign Asset in ITR Not Valid Reason for Imposition of Penalty(08.04.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai has observed that non disclosing of a foreign asset in the income tax return, by itself, is not a valid r.....

Tags : Income Tax Appellate Tribunal, foreign asset, income tax return, Black Money Act, assessee



ITAT, Pune: Capital Gain Exemption u/s 54F for Purchase of Office Premises not available(08.04.2022)

Income Tax Appellate Tribunal, Pune has observed that the capital gain exemption under section 54F of the Income Tax Act, 1961 is not available in the.....

Tags : Income Tax Appellate Tribunal, capital gain exemption, Income Tax Act, 1961, office premises



ITAT, Mumbai: Revisional Jurisdiction Invoked for Lack of Inquiry, Not for Inadequate Inquiry(08.04.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that the revisional jurisdiction can be invoked only for lack of inquiry and not for inadequate inquir.....

Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction, lack of inquiry, section 263, Income Tax Act, 1961



Calcutta HC: Reassessment Order Passed Without Issuance of Notice Is Invalid(16.05.2022)

Calcutta High Court has ruled that the reassessment order passed without issuance of notice under Section 148 of the Income Tax Act, 1961 is not valid.....

Tags : Calcutta High Court, Section 148, Income Tax Act, 1961



Madras HC: Signature & Thumb Impression Are Not Mandatory For Pro-Note Under NI Act(16.05.2022)

Madras High Court has ruled that it is not compulsory under the Negotiable Instruments Act, 1881 to obtain both signature and thumb impression for a p.....

Tags : Madras High Court, Negotiable Instruments Act, 1881, thumb impression, pro-note



CESTAT: Refund Can’t be Treated as Time Barred as Claim Made Before Wrong Forum(16.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Chennai has ruled that the claim of refund made before a wrong forum cannot be rejected by treatin.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Chennai, section 11B, Central Excise Act, 1944, wrong forum



ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....

Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961



Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case(16.05.2022)

Calcutta High Court upheld conviction for the offence of aggravated sexual assault under Protection of Children from Sexual Offences Act (POCSO Act) b.....

Tags : Calcutta High Court, POCSO Act, Aggravated Sexual Assault



Gujarat AAR: Bus Body Building on Chassis Owned by GST Registered Customer Attracts 18% GST(16.05.2022)

Gujarat Authority of Advance Ruling (AAR) consisting of members Arun Richard and Atul Mehta ruled that 18% GST is payable on bus body building on chas.....

Tags : Gujarat AAR, CGST Act, GST



Gujarat HC: Relief Can't be Granted as it Amount to Main Relief in Section 9 Arbitration Application(26.04.2022)

Gujarat High Court has held that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been d.....

Tags : Gujarat High Court, Section 9, Arbitration and Conciliation Act, 1996



Delhi HC: Stamp Duty Insufficiency on Arbitration Agreement is Jurisdictional Issue U/S 16 A&C Act(26.04.2022)

Delhi High Court has ruled that the sufficiency of the stamp duty on the arbitration agreement is a jurisdictional issue under Section 16 of the Arbit.....

Tags : Delhi High Court, stamp duty, arbitration agreement, Section 16, Arbitration and Conciliation Act, 1996



ITAT, Mumbai: Deemed Dividend Would Not Attract Loans and Advances Out of Commercial Consideration(26.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the provisions of deemed dividend under Section 2(22)(e) of the Income Tax Act, 1961 would be .....

Tags : Income Tax Appellate Tribunal, Deemed Dividend, Section 2(22)(e), Income Tax Act, 1961



CESTAT, Delhi: Service Tax Not Payable on Liquidated Damages(26.04.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that service tax is not to be paid on liquidated damages recovered on the failu.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, service tax, contract



Bombay HC: Boarding in Crowded Mumbai Local Train is Calculated Risk; Not Criminal Act(27.04.2022)

Bombay High Court has ruled that boarding a crowded train for a Mumbaikar was a calculated risk and not a criminal act and directed the railways to pa.....

Tags : Bombay High Court, calculated risk, criminal act, Rs. 3 lakh, septuagenarian



ITAT, Bangalore: Digital Data Recovered During Search has Evidentiary Value(27.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that the digital data recovered by the income tax department has evidentiary value during the se.....

Tags : Income Tax Appellate Tribunal, digital data, income tax department, Income Tax Act, 1961



Delhi HC Grants Interim Relief to Magic Moments Restraining Use of Mark Evening Moment(01.04.2022)

Delhi High Court has granted interim injunction in favour of liquor brand Magic Moments to restrain another company from selling or manufacturing alco.....

Tags : Delhi High Court, liquor brand, Magic Moments, manufacturing alcohol, Evening Moment



Chhattisgarh HC: Marriage Expenses Can be Claimed by Unmarried Daughter(01.04.2022)

Chhattisgarh High Court has observed that marriage expenses can be claimed by an unmarried daughter from her parents under the provisions of the Hindu.....

Tags : Chhattisgarh High Court, Hindu Adoptions and Maintenance Act, 1956, unmarried daughter, marriage expenses



Delhi High Court Holds That Assessee Is Eligible For Immunity and Tax Payer Should Be Incentivised(01.04.2022)

Delhi High Court has ruled that the action of income tax authorities to deny the benefit of immunity from penalty under Section 270AA of Income Tax Ac.....

Tags : Delhi High Court, Section 270AA of Income Tax Act, 1961, Section 270A, Tax Payer



Kerala HC: Non Release of Seized Documents in Supreme Court is Illegal(01.04.2022)

Kerala High Court has held that the income tax department is unauthorized to retain the seizure of title deeds under Section 132 of the Income Tax Act.....

Tags : Kerala High Court, income tax department, title deeds, Section 132 of the Income Tax Act, 1961, Special Leave Petition



Andhra Pradesh HC: Notice Issue for Hearing is a Statutory Requirement under GST(04.04.2022)

Andhra Pradesh High Court has held that issuing notice for hearing is a statutory requirement under Section 75(4) of Goods and Service Tax Act, 2017 b.....

Tags : Andhra Pradesh High Court, Notice for Hearing, Section 75(4) Of Goods and Service Tax Act, 2017



Kerala HC: Tribunal's Power of Maintenance Not Circumscribed to Ordering Monthly Allowance(04.04.2022)

Kerala High Court has observed that the power of the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 i.....

Tags : Kerala High Court, Maintenance Tribunal, Senior Citizens Act



ITAT, Delhi: TDS u/s 194D Inapplicable to Reinsurance Commission(18.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that the provisions of Tax Deducted at Source under section 194D of the Income Tax Act, 1961 is not.....

Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, section 194D of the Income Tax Act, 1961



ITAT, Delhi: Framing of Reassessment u/s 147 of IT Act against Non-Existing Entity Void Ab-initio(18.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the re-assessment under section 147 and section 143(3) of the Income Tax Act, 1961 is not sustaina.....

Tags : Income Tax Appellate Tribunal, section 147, section 143(3) of the Income Tax Act, 1961



ITAT, Bangalore: Service Tax Collected But Not Remitted Can be Disallowed u/s 43B of Income Tax Act(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the amount of service tax collected under section 43B of the Income Tax Act, 1961 but not remi.....

Tags : Income Tax Appellate Tribunal, service tax, section 43B of the Income Tax Act, 1961



ITAT, Chennai: Provisions of Sec 44AD Not Applicable to Commission Agents(18.04.2022)

Income Tax Appellate Tribunal, Chennai has observed that the provisions of Section 44AD of the Income Tax Act, 1961 cannot be applied to commission ag.....

Tags : Income Tax Appellate Tribunal, Section 44AD of the Income Tax Act, 1961, commission agents



Delhi HC: Denial of Conjugal Relationship Ground for Divorce But Not Exceptional Hardship(19.04.2022)

Delhi High Court has observed that although denial of conjugal relationship is a ground for divorce and equivalent to cruelty, the same cannot be said.....

Tags : Delhi High Court, conjugal relationship, divorce, cruelty, Section 14 of the Hindu Marriage Act 1955



AAR, Telangana: Liquidated Damages and Penalties Due to Breach of Contract Exigible to GST(19.04.2022)

Authority of Advance Ruling, Telangana has observed that the liquidated damages and penalties received by the applicant due to breach of conditions of.....

Tags : Authority of Advance Ruling, liquidated, Central Goods and Services Tax, State goods and Services Tax Acts, exigible



SC rules in Favour of Revenue Department in Reassessment Dispute Case(05.05.2022)

Supreme Court by reversing the high court orders that had quashed income-tax notices under the old reassessment regime has held that notices issued un.....

Tags : Supreme Court, Finance Act, 2021, reassessment, old regime, income-tax notices



CESTAT, Mumbai: Voluntarily Acceptance of Higher Value Exempts Importer From Confiscation Liability(05.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Mumbai has reiterated that voluntarily acceptance of a higher value and willing to pay the customs d.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, customs duty, Customs Act, 1962, enhanced rate, redemption fine



P&H HC: Party Under Legal Obligation to Opt Where Effective Remedy is Available U/S 41(h) SR Act(06.05.2022)

Punjab and Haryana High Court, while dealing with a revision petition, held that it is well-settled law that under Section 41(h) of the Specific Relie.....

Tags : Punjab and Haryana High Court, Section 41(h), Specific Relief Act, 1963, statutory provisions, efficacious



Gujarat HC: Income Tax Not Applicable on Interest Awarded by Motor Accident Claim Tribunal(06.05.2022)

Gujarat High Court has observed that the interest awarded by the Motor Accident Claim Tribunal (MACT) under Section 171 of the Motor Vehicles Act, 198.....

Tags : Gujarat High Court, Motor Vehicles Act, 1988, section 171, Motor Accident Claim Tribunal



NCLT, Chennai: No Conflict Among Prohibition of Benami Property Transaction Act and IBC, 2016(06.05.2022)

National Company Law Tribunal, Chennai has ruled that there is no conflict between the Prohibition of Benami Property Transaction Act, 1988 and the In.....

Tags : National Company Law Tribunal, Prohibition of Benami Property Transaction Act, 1988, Insolvency and Bankruptcy Code, 2016, attachment of property



ITAT, Delhi: No TDS Required to be Deducted on Enhanced Compensation Under Land Acquisition Act(19.04.2022)

Income Tax Appellate Tribunal, Delhi has held that the interest on enhanced compensation awarded to land owners by the Court under Section 28 of the L.....

Tags : Income Tax Appellate Tribunal, enhanced compensation, Section 28 of the Land Acquisition Act, 1894, Tax Deducted at Source



ITAT, Delhi: Fulfillment of Twin Conditions is Mandatory for Invoking Jurisdiction u/s 263(19.04.2022)

Income Tax Appellate Tribunal, Delhi has observed that fulfillment of twin conditions is obligatory for invoking the jurisdiction under section 263 of.....

Tags : Income Tax Appellate Tribunal, section 263 of the Income Tax Act, 1961, jurisdiction



ITAT, Bangalore: Corporate Guarantee Falls Within Ambit of International Transaction(19.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that corporate guarantee falls within the extent and ambit of international transaction and Arm’.....

Tags : Income Tax Appellate Tribunal, Arm’s Length Price, international transaction



ITAT, Delhi: Royalty Cannot be Endorsed to Providing Customized Research Advisory Services(19.04.2022)

Income Tax Appellate Tribunal; Delhi has observed that customized research advisory services are not taxable under the head Royalty under the relevant.....

Tags : Income Tax Appellate Tribunal, Royalty, Income Tax Act, 1961, customized research advisory services



Delhi HC: Domain Name Registrars Are Intermediaries Under Information Technology Act(19.04.2022)

Delhi High Court has observed that the Registrars of Domain Name are intermediaries, within the meaning of section 2(1)(w) of the Information Technolo.....

Tags : Delhi High Court, section 2(1)(w) of the Information Technology Act, 2000, Domain Name



Delhi HC: Domain Name Registrars Are Intermediaries Under Information Technology Act(19.04.2022)

Delhi High Court has observed that the Registrars of Domain Name are intermediaries, within the meaning of section 2(1)(w) of the Information Technolo.....

Tags : Delhi High Court, section 2(1)(w) of the Information Technology Act, 2000, Domain Name



Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)

Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....

Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction



P&H HC: Call Conversations Between Co-Accused Sans Transcript Not Corroborative Material(11.04.2022)

Punjab and Haryana High Court has held that sans the transcript of the conversations between the co-accused, mere call details would not be considered.....

Tags : Punjab and Haryana High Court, transcript, corroborative material, Narcotic Drugs and Psychotropic Substances Act,1985



Gujarat HC: Mandatory To Reveal Reasons for Arrest to Accused u/s 52 of NDPS Act(11.04.2022)

Gujarat High Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8(C), 20(B), 22 and 29 of t.....

Tags : Gujarat High Court, Narcotic Drugs and Psychotropic Substance Act, 1985



ITAT, Pune: Exemption of Capital Gain u/s 54F not available for Purchase of Office Premises(11.04.2022)

Income Tax Appellate Tribunal, Pune has observed that the exemption of capital gain under section 54F of the Income Tax Act, 1961 is unavailable if th.....

Tags : Income Tax Appellate Tribunal, capital gain, section 54F of the Income Tax Act, 1961, sale consideration



ITAT, Mumbai: Revisional Jurisdiction Can be Invoked for Lack of Inquiry, Not for Inadequate Inquiry(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked only .....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263 of the Income Tax Act, 1961, lack of inquiry, inadequate inquiry



ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....

Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice



ITAT: Notice Issued U/S 271 IT Act Must Record the Specific Ground on Which it Initiated(01.06.2022)

Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that unambiguous statement in notice can strike off penalty imposed u/s 271 of the Incom.....

Tags : ITAT. Income-Tax Act, Notice



ITAT: Disallowance Can’t be Made on Payment to PF and ESI Before Due Date(01.06.2022)

Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that disallowance can’t be made on payment to PF and ESI before the due date u/s 139(1) .....

Tags : ITAT. Income-Tax Act, Disallowance



DGFT Notifies New RoDTEP Schedule to Align with Finance Act, 2022(03.06.2022)

Director-General of Foreign Trade (DGFT) has notified a new Refund of Duties and Taxes on Exported Products (“RoDTEP”) schedule Appendix 4R consequent.....

Tags : DGFT, Custom Tariff, Finance Act



Delhi HC Seeks Consolidated List of All Pending and Adjourned Cases U/S 138 of NI Act(03.06.2022)

Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned under .....

Tags : Delhi High Court, Negotiable Instruments Act, Proclaimed Offenders



P&H HC: Small Distance is Not a Reason to Transfer Matrimonial Suit(06.06.2022)

Punjab and Haryana High Court has held that distance of sixty kilometers is small and therefore not an overwhelming reason for the Court to order the .....

Tags : Punjab and Haryana High Court, Transfer, Hindu Marriage Act



ITAT: Revisional Jurisdiction Can be Invoked for Lack of Enquiry by Assessing Officer(06.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that lack of enquiry by the assessing officer invokes the jurisdiction of Principle Commis.....

Tags : ITAT, Assessing Officer, Income-Tax Act



ITAT: Section 147 of IT Act is not an Alternative to Section 263 of IT Act(06.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench while quashing Assessment Order under Section 147 of Income-Tax Act, 1961 without Jurisdiction has h.....

Tags : ITAT, Income-Tax Act, 1961, Alternative



ITAT, Kolkata: Adjudicating Authorities Cannot Grant Approval U/S 10(23C) With Retrospective Effect(27.04.2022)

Income Tax Appellate Tribunal, Kolkata has ruled that the adjudicating authorities under the Income Tax Act, 1961 cannot grant approval under section .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, section 10(23C), retrospective



Madras HC Rejects Anticipatory Bail to Tamil Actress for Making Objectionable Remarks Against CM(27.04.2022)

Madras High Court has rejected a plea for anticipatory bail filed by tamil actress Tamilselvi alias Meera Mithun, who was charged for making obscene a.....

Tags : Madras High Court, anticipatory bail, Tamilselvi, tamil actress, Meera Mithun, MK Stalin, Peiya Kaanom



Bombay HC: No Bar on Court Exercising Jurisdiction Even When Application U/S 7 of IBC is Filed(27.04.2022)

Bombay High Court has ruled that since application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is filed, which is pending for consider.....

Tags : Bombay High Court, Section 7, Insolvency and Bankruptcy Code, 2016, Section 11, Arbitration and Conciliation Act, 1996



Delhi HC Seeks Records From NCB, Customs & DRI in NDPS Cases(28.04.2022)

Delhi High Court has directed the Directorate of Revenue Intelligence, the Narcotics Control Bureau and the Customs Department to put on record a stat.....

Tags : Delhi High Court, Directorate of Revenue Intelligence, Narcotics Control Bureau, Customs Department, Narcotics Drugs and Psychotropic Substances Act, 1985, Customs Act, 1962



Telangana HC: Parties Cannot be Referred to Arbitration in Absence of Privity of Contract(28.04.2022)

Telangana High Court has observed that in the absence of a privity of contract parties cannot be referred to arbitration.

Tags : Telangana High Court, privity of contract, arbitration



ITAT, Mumbai: IT Law Doesn't Bar Assessing Officer to go Beyond Reasons Where Re-Assessment Initiated(28.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that there is no bar under the law that the Assessing Officer is entitled to confine assessment on .....

Tags : Income Tax Appellate Tribunal, Assessing Officer, Income Tax Act, 1961, sections 147, sections 148



ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....

Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain



ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....

Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice



ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....

Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice



ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....

Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain



Supreme Court Upholds Constitutional Validity of Amendments Related to Charitable Trust Registration(11.04.2022)

Supreme Court has upheld the constitutional legality of the recent amendments made in the Finance Act, 2020 with regard to the new provisions regardin.....

Tags : Supreme Court, constitutional legality, Finance Act, 2020, Income Tax Act, 1961, religious trusts



Delhi HC: Section 10 of CPC Does Not Lay an Embargo in Proceeding with Arbitration(11.04.2022)

Delhi High Court has held that Section 10 of the Code of Civil Procedure, 1908 does not lay an embargo in proceeding during the pendency of insolvency.....

Tags : Delhi High Court, Section 10 of the Code of Civil Procedure, 1908, embargo, insolvency proceedings, Provincial Insolvency Act, 1920



ITAT, Bangalore: Transactions Between Trust and Trustee Not Covered U/S 269SS of Income Tax Act(28.04.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the managing trustee of the society is not covered by the expression any other persons stirrin.....

Tags : Income Tax Appellate Tribunal, section 269SS, 269T of the Income Tax Act, 1961



ITAT, Mumbai: Data Retrieved From Pen Drive Can’t be Sole Evidence For Re-Assessment(28.04.2022)

Income Tax Appellate Tribunal, Mumbai has held that the data retrieved from the pen drive seized during the search can’t be a sole basis for re-assess.....

Tags : Income Tax Appellate Tribunal, data retrieved, Income Tax Act, 1961, section 147, section 148, section 65B (4), Indian Evidence Act, 1872



SC: No Deemed Registration in Case of Non-deciding of S. 12AA Application(28.04.2022)

Supreme Court has observed that there cannot be a deemed registration in case of non-deciding of an application filed under section 12AA (2) of the In.....

Tags : Supreme Court, section 12AA (2), Income Tax Act, 1961, deemed registration



Kerala HC: Land Used For Cultivating Long Duration Crops Not Ecologically Fragile(28.04.2022)

Kerala High Court has ruled that the land primarily used for the cultivation of crops of long duration can’t be stated as ecologically fragile land un.....

Tags : Kerala High Court, cultivation of crops, Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, ecologically



Telangana HC: Railway Not Liable to Compensate if Passenger Dies Due to Own Negligence(28.04.2022)

Telangana High Court has ruled that Railway is not liable to compensate under Section 124A of the Railways Act, 1989 if the passenger died due to own .....

Tags : Telangana High Court, Railways Act, 1989, railway tracks, Section 124A



Rajasthan HC: Smuggling of Gold Can't be Treated As Terrorist Act Under UAPA(09.05.2022)

Rajasthan High Court has observed that Customs Act, 1962 is not included in Schedule-II of the Unlawful Activities (Prevention) Act, 1967 and conseque.....

Tags : Rajasthan High Court, Customs Act, 1962, Unlawful Activities (Prevention) Act, 1967, Terrorist Act, bailable, Schedule-II



Delhi HC: If Contract Is Extended, It Can’t be Allowed to Reduce Extension Period Retrospectively(09.05.2022)

Delhi High Court has ruled that when the employer has granted an extension of time to the contractor for a specified period, it cannot turn around to .....

Tags : Delhi High Court, extension of time, provisional, contract



Gujarat HC Allows GST Refund to Service Recipient Who Borne Tax Burden(09.05.2022)

Gujarat High Court has ruled that, as per Section 54 of the Central Goods and Services Tax Act, 2017 a claim of refund may be made directly by the rec.....

Tags : Gujarat High Court, Section 54, Central Goods and Services Tax Act, 2017, tax



Allahabad HC: Reassessment Order Not Valid If Notice by Assessing Authority Is Without Jurisdiction(09.05.2022)

Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961 issued by the assessing authority was declared withou.....

Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, re-assessment order



Delhi HC: Convict Under POCSO Act Not Barred From Seeking Parole(09.05.2022)

Delhi High Court has reiterated that a convict under the Protection of Children from Sexual Offences Act, 2012 is not barred from seeking parole, as d.....

Tags : Delhi High Court, Protection of Children from Sexual Offences Act, 2012, Competent Authority, parole



ITAT: Salary Reimbursement based on Cost to Cost Cannot Attract TDS Liability u/s 195(09.05.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that Tax Deduction at Source is not applicable to reimbursement of salary based on the cost to cost.....

Tags : Income Tax Appellate Tribunal, Section 195, Income Tax Act,1961, Tax Deduction at Source



Delhi HC: Challenge against Appointment of Arbitrator Can't Be Under Section 14 of the A&C Act(04.04.2022)

Delhi High Court has observed that Section 14 of the Arbitration and Conciliation Act, 1996 (A&C Act) does not provide a separate remedy to the partie.....

Tags : Delhi High Court, Section 14 of the Arbitration and Conciliation Act, 1996, appointment of an arbitrator



Jharkhand HC Rejects Plea to Seek Regularization of Persons Engaged Under MNREGA(04.04.2022)

Jharkhand High Court has rejected a writ plea filed by 39 persons working on the sanctioned post of Gram Rojgar Sewak under the Mahatma Gandhi Nationa.....

Tags : Jharkhand High Court, Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Gram Rojgar Sewak, 39 persons, scheme for regularization



Calcutta HC Quashes Re-Assessment Passed Without Application of Mind(04.04.2022)

Calcutta High Court has observed that the re-assessment passed under section 148 of the Income Tax Act, 1961 without the application of mind is not su.....

Tags : Calcutta High Court, section 148 of the Income Tax Act, 1961, Quashment of Re-Assessment



ITAT, Mumbai: Amount Spent on Consumable Items can’t be Claimed as Improvement Cost(04.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the amount spent on consumable items including sofa, tiles, etc., can’t be claimed as cost .....

Tags : Income Tax Appellate Tribunal, improvement cost, Income Tax Act, 196, capital gain



ITAT, Mumbai: Revisional Jurisdiction Can’t be Invoked , Order of Assessment Without Reasons(04.04.2022)

Income Tax Appellate Tribunal, Mumbai, has observed that the revisional jurisdiction under section 263 of Income Tax Act, 1961 cannot be invoked while.....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, Section 263 of the Income Tax Act, 1961, M/s Reliance Payment Solutions Pvt Ltd



Gujarat HC: No Show Cause Notice Issued Along With Draft Assessment Order u/s 144B(04.04.2022)

Gujarat High has observed that the issuance of a show cause notice along with the draft assessment order is absolutely important before passing an ord.....

Tags : Gujarat High Court, draft assessment order, Section 144B of the Income Tax Act



AAR, Maharashtra: Composite Supply of Works Contract Not Covered Under Term Earth Work(19.04.2022)

Authority for Advance Ruling, Maharashtra has observed that the composite supply of works contract is not covered under the term Earth Work.

Tags : Authority for Advance Ruling, contract, Earth Work



Rajasthan HC Dismisses PIL Seeking Direction to Conduct Census to Centre in Specific Time Frame(20.04.2022)

Rajasthan High Court has dismissed a public interest litigation seeking a direction to Union government to conduct the Census in scheduled timeline, s.....

Tags : Rajasthan High Court, a public interest litigation, Union government, Section 3 of the Census Act, 1948, ultra vires



Allahabad HC: Application for Extension of Time for Passing Award Lies Only Before High Court(20.04.2022)

Allahabad High Court has observed that the Court for the reason of an application under Section 29A of the Arbitration and Conciliation Act, 1996 woul.....

Tags : Allahabad High Court, Section 29A of the Arbitration and Conciliation Act, 1996, High Court



Telangana HC: Person Whose Land Title Disputed Can't Seek Withdrawal of Land Acquisition(20.04.2022)

Telangana High Court has ruled that a person, whose title is in dispute, cannot invoke the provisions of Section 48 of the Land Acquisition Act, 1894 .....

Tags : Telangana High Court, Section 48 of the Land Acquisition Act, 1894, land acquisition proceedings



Madras HC: Signing of Statement Admitting Tax Liability Not Lead to Self-Assessment(20.04.2022)

Madras High Court has ruled that the signing of a statement by the taxpayer admitting tax liability under the stress of investigation and making payme.....

Tags : Madras High Court, section 74 of the Central Goods and Services Tax Act, 1961, taxpayer, tax liability



Delhi HC Issues Notice on Plea to Centre Challenging Vires of Waqf Act(20.04.2022)

Delhi High Court has issued notice on a public interest litigation filed seeking uniform law for Trust and Trustees, Charities and Charitable Institut.....

Tags : Delhi High Court, public interest litigation, Waqf Act, 1995, Charities and Charitable Institutions and Religious Endowments



ITAT: Loss Out of Non-Speculative Transactions Can be Set off Under the Head of Regular Business(25.05.2022)

Income Tax Appellate Tribunal (ITAT) has held that loss arose out of non-speculative transactions can be set off under the head of the regular busines.....

Tags : ITAT, CIT, Income Tax Act, 1961



ITAT: Onus to Prove Authenticity of Loan Transactions is on Assessee(25.05.2022)

Income Tax Appellate Tribunal (ITAT), Raipur bench has held that if AO doubts the authenticity of loan transactions, then, the onus is upon the assess.....

Tags : ITAT, Loan Transaction, Assessee, Onus



J&K&L HC Grants Bail to Accused Charged Under UAPA(26.05.2022)

Jammu and Kashmir and Ladakh High Court has granted bail to a man booked under Unlawful Activities (Prevention) Act, 1967, merely because he was seen .....

Tags : Jammu & Kashmir & Ladakh High Court, Bail, Unlawful Activities (Prevention) Act, 1967



Karnataka HC: Award of Compensation under National Highways Act Not Attract Stamp Duty(30.05.2022)

Karnataka High Court has held that an award of compensation passed by an Arbitrator under National Highways Act, 1956 does not attract stamp duty. Pay.....

Tags : Karnataka High Court, National Highway Act, Compensation, Stamp Duty



Allahabad HC to UP Govt.: Ensure Strict Compliance with Section 14 of SARFAESI Act(30.05.2022)

Allahabad High Court has directed State of Uttar Pradesh to issue directions to all the concerned authorities in the State to comply with the provisio.....

Tags : Allahabad High Court, Uttar Pradesh, SARFAESI Act



Allahabad HC: Application U/S 482 CrPC Not Maintainable Against Summoning Order under SC/ST Act(30.05.2022)

Allahabad High Court while taking into account Section 14A(1) of the S.C./S.T. Act has held that Application under Section 482 of CrPC can't be filed .....

Tags : Allahabad High Court, Section 482 CrPC, SC/ST Act



ITAT, Ahmedabad: TDS on Car Hiring Charges Paid Above Rs. 1.8 Lakhs U/S 194I of Income Tax Act(20.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has observed that charges of car hiring falls under the provision of section 194I of the Income Tax Act, 1961.....

Tags : Income Tax Appellate Tribunal, section 194I of the Income Tax Act, 1961, Rs. 1.8 lakhs, Tax Deducted at Source



ITAT, Delhi: Interest Can’t be Levied on Additional Income Declared under Modified Return(20.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the interest under sections 234B and 234C of the Income Tax Act, 1961 for non/short payment of adv.....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, advance tax installment, advance pricing agreement



ITAT, Delhi: Interest Can’t be Levied on Additional Income Declared under Modified Return(20.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the interest under sections 234B and 234C of the Income Tax Act, 1961 for non/short payment of adv.....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, advance tax installment, advance pricing agreement



ITAT Hyderabad: Ignorance of Law Concerning Compulsory Audit Not Reasonable for Deleting Penalty(21.04.2022)

Income Tax Appellate Tribunal, Hyderabad has held that mere ignorance of law under Section 44AB of the Income Tax Act, 1961 for compulsory audit of ac.....

Tags : Income Tax Appellate Tribunal, ignorance of law, Section 44AB of the Income Tax Act, 1961, Section 273B



Gauhati HC: Assessing Officer and Inspecting Person Need Not Be Similar Person Under Electricity Act(21.04.2022)

Gauhati High Court has observed that Section 126 of the Electricity Act, 2003 empowers the Assessing Officer as chosen to carry out the provisional as.....

Tags : Gauhati High Court, Section 126 of the Electricity Act, 2003, Assessing Officer



Gujarat HC: Interest on Delayed Payment of Gratuity Mandatory, Not Discretionary(28.04.2022)

Gujarat High Court has reiterated that there is a plain mandate on the employer under the provisions of Section 7 to the Payment of Gratuity Act, 1972.....

Tags : Gujarat High Court, Section 7, Payment of Gratuity Act, 1972, payment of gratuity



ITAT, Jaipur: FDRs Interest Made for Business Purposes Shall be Treated as Business Income(29.04.2022)

Income Tax Appellate Tribunal, Jaipur has ruled that the interest income received from the Fixed Deposit Receipt made for business purposes and for ge.....

Tags : Income Tax Appellate Tribunal, Fixed Deposit Receipt, Income from Other Sources, Income Tax Act, 1961



ITAT, Bangalore: Assessee Couldn’t Submit Evidence for Payment of Brokerage for Sale of Property(29.04.2022)

Income Tax Appellate Tribunal, Bangalore has permitted 1% of the sale consideration as brokerage for the sale of the property since the assessee could.....

Tags : Income Tax Appellate Tribunal, brokerage, Income Tax Act, 1961, assessee



ITAT, Mumbai: No TDS on Payments to Foreign Insurers, Rules(29.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that any payment prepared by the assessee company to such foreign insurers would not be chargeable .....

Tags : Income Tax Appellate Tribunal, Section 195(1), Income Tax Act, 1961, foreign insurers



Rajasthan HC: Respondents Have Right to Legal Representation Before Regulatory Authority/ Tribunal(29.04.2022)

Rajasthan High Court has observed that Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, inasmuch as it excludes right o.....

Tags : Rajasthan High Court, Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal, Regulatory Authority, adjudicating officer, ultra vires



ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)

Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....

Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961



ITAT, Kolkata: Disallowance U/S 14A Not to be Considered While Computing Book Profit(16.05.2022)

Income Tax Appellate Tribunal, Kolkata has ruled that the disallowance under Section 14A of the Income Tax Act, 1961 cannot be considered while comput.....

Tags : Income Tax Appellate Tribunal, Section 14A, Income Tax Act, 1961, book profit



Delhi HC: Change of Opinion Can’t be Reason to Believe to Obtain Income to Initiate Re-Assessment(18.05.2022)

Delhi High Court while dismissing an appeal by the Income tax department, has ruled that mere change of opinion cannot be a reason to believe that the.....

Tags : Delhi High Court, Income tax department, Sections 147, Sections 148, Income Tax Act, 1961



Calcutta HC Grants Bail To NDPS Accused, Orders Enquiry & Preservation of CCTV Footage(18.05.2022)

Calcutta High Court in a case of Custodial torture, has granted bail to an accused against whom proceedings under the Narcotic Drugs and Psychotropic .....

Tags : Calcutta High Court, Custodial torture, Narcotic Drugs and Psychotropic Substances Act, 1985, custody



Meghalaya HC: Dishonored Cheque Must Have Been Issued by Account Holder U/S.138 NI Act(18.05.2022)

Meghalaya High Court has reiterated that the dishonoured cheque must have been issued by the account holder under his name and signature for an offenc.....

Tags : Meghalaya High Court, Dishonoured Cheque, Section 138, Negotiable Instruments Act, 1881



CESTAT: Penalty Under Central Excise Act is Not Sustainable by Third Party Evidence(19.05.2022)

Customs, Excise & Service Tax Appellate Tribunal, Delhi has ruled that the demand of duty and penalty under the Central Excise Act, 1944 is not sustai.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, Central Excise Act, 1944, demand of duty



ITAT, Bangalore: No Rationale in Making Additions to Income on Violation of RBI Notifications(11.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that there is no rationale in the action of the Assessing Officer of making additions to income .....

Tags : Income Tax Appellate Tribunal, rationale, Assessing Officer, assesse, Section 68 of the Income Tax Act, 1961, Reserve Bank of India



Allahabad HC: Weapon's Discovery on Disclosure Statement of Accused Not Enough to Prove Guilt(11.04.2022)

Allahabad High Court has held the discovery of the material object/crime weapon at the disclosure of the accused is important under Section 27 of the .....

Tags : Allahabad High Court, Section 27 of the Indian Evidence Act, 1872, discovery, weapon



Punjab & Haryana HC: Appointment on Contractual Basis Without Public Advertisement Not Regularized(11.04.2022)

Punjab and Haryana High Court has observed that employees appointed on contractual basis sans any advertisement and contrary to the provisions of Arti.....

Tags : Punjab and Haryana High Court, contractual basis, advertisement, Article 14, Article 16, Constitution of India



Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)

Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....

Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances



ITAT, Bangalore: Agricultural Land Not Converted at Time of Sale Not Included as Capital Gain(11.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that since the agricultural land was not converted at the time of sale, the sale consideration s.....

Tags : Income Tax Appellate Tribunal, agricultural land, sale consideration, Income Tax Act, 1961, assessee



Karnataka HC: Arbitration Relating Third Parties and Leading to Other Proceedings Inarbitrary(29.04.2022)

Karnataka High Court has held that reference of a dispute to arbitration cannot be permitted if it would lead to splitting up of the cause of action a.....

Tags : Karnataka High Court, cause of action, arbitration



SC: Delay in Adjudication of Commercial Disputes Affects Ease of Doing Business(29.04.2022)

Supreme Court has ordered the Chief Justice of Allahabad High Court to prepare a roadmap for early disposal of execution petitions under the Arbitrat.....

Tags : Supreme Court, Allahabad High Court, business, Arbitration Act



AP HC: Plea of Alibi Can’t be Taken Into Consideration at Pre-Trial Stage as it’s Disputed(29.04.2022)

Andhra Pradesh High Court has dismissed the petition for discharge of accused on his plea that he was not present during the commission of the offence.....

Tags : Andhra Pradesh High Court, plea of alibi, question of fact, framing of charges



Madras HC: Section 34 Proceedings Are Summary in Nature; Does Not Permit Additional Evidence(29.04.2022)

Madras High Court has ruled that the challenge proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 are summary in nature, hence.....

Tags : Madras High Court, Section 34, Arbitration and Conciliation Act, 1996, arbitral tribunal



AP HC: Caste-Based Insult Over Telephone Conversation Not an Offence U/S 3 SC/ ST Act(29.04.2022)

Andhra Pradesh High Court has reiterated that to constitute an offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevent.....

Tags : Andhra Pradesh High Court, Section 3(1)(x), Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989



Allahabad HC: 4% VAT Applicable on AT-PLAST Used in Mixing of Ready Mix Concrete(09.05.2022)

Allahabad High Court by allowing the revision petition has observed that the item AT-PLAST used in mixing of ready mix concrete is taxable at the rate.....

Tags : Allahabad High Court, Uttar Pradesh Value Added Tax Act, 2008, AT-PLAST



ITAT Deletes Addition u/s 68 of IT Act, Says Firm not Taxable for Capital introduced by Partner(09.05.2022)

Income Tax Appellate Tribunal, Chennai has observed that the Firm cannot be made taxable for the capital introduced by the Partner as section 68 of th.....

Tags : Income Tax Appellate Tribunal, section 68, Income Tax Act, 1961



Calcutta HC: Order U/S 36 of A&C Act is Interim Order, Can be Modified on Basis of Financial Hardship(10.05.2022)

Calcutta High Court has held that financial hardship and financial indebtedness are sufficient grounds to modify an order passed under Section 36 of t.....

Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Section 36, financial hardship, financial indebtedness



Gujarat HC: Sample Analysis Report of Central Insecticides Lab is Conclusive Evidence(10.05.2022)

Gujarat High Court has observed that the sample analysis report received from the Central Insecticides Laboratory under Section 24(4) of the Insectici.....

Tags : Gujarat High Court, Central Insecticides Laboratory, Section 24(4), Insecticides Act, conclusive



CESTAT Allows to Pay Service Tax for Construction of Residential Complex(10.05.2022)

Customs, Excise & Service Tax Appellate, Bangalore has allowed to Pay Service Tax under Composition scheme of Works Contract (Composition Scheme for P.....

Tags : Customs, Excise & Service Tax Appellate, Service Tax, Composition scheme of Works Contract (Composition Scheme for Payment of Service Tax) Rules, Residential Complex



ITAT, Delhi: Re-Assessment Based on Incorrect and Irrelevant Facts is Invalid(10.05.2022)

Income Tax Appellate Tribunal, Delhi has held that the re-assessment under section 148 of the Income Tax Act, 1961 invoked on the basis of incorrect a.....

Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, section 148



ITAT: Payment Made by Mobile Service Provider for Roaming Can’t be Considered as Technical Service(06.06.2022)

Income Tax Appellate Tribunal (ITAT), New Delhi, has held that payment made by a one mobile service provider to another for roaming cannot be consider.....

Tags : ITAT, Income-Tax Act, 1961. Roaming, Technical Service



ITAT: Income Tax on Both Owner and GPA Holder on Same Income Amounts to Double Taxation(07.06.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam has held that levy of Income-tax on both landowner and GPA holder for the same income amounts to d.....

Tags : ITAT, Income-Tax Act, Double Taxation



ITAT: Belated Payment to PF/ESI Before Due Date for Filing Return is Deductable U/S 43B of IT Act(07.06.2022)

Income Tax Appellate Tribunal (ITAT), Allahabad has held that the belated payment of employee contribution to Provident Fund (PF)/Employees State Insu.....

Tags : ITAT, Income-Tax Act, PF/ESI



Delhi High Court Quashes Reassessment Order Issued Without Considering Reply Filed by Assessee(07.06.2022)

Delhi High Court has quashed the reassessment order issued by the department under Section 148A(d) of the Income Tax Act, without considering the repl.....

Tags : Delhi High Court, Income Tax Act, 1961, Reassessment



Rajasthan HC: Concrete Action Plan is Required From State to Curb Child Labour Activities(08.06.2022)

Rajasthan High Court while hearing PIL to institutionalise effective machinery and mechanism for rescue and post rescue rehabilitation of all child la.....

Tags : Rajasthan High Court, Child Labour, Action Plan



ITAT Disallows IT Deduction U/S 80IA as Income From Eligible Unit Not Shown in Gross Total Income(08.06.2022)

Income Tax Appellate Tribunal (ITAT), Cuttack bench has disallowed deduction under Section 80IA of Income-Tax Act, 1961 since income from eligible uni.....

Tags : ITAT, Income-Tax Act, Deduction



Chhattisgarh HC: Issuance of Reassessment Notice Valid on Ground Disclosure of Bogus Purchase Bills(21.04.2022)

Chhattisgarh High Court has observed that the reassessment notice under Section 148 of the Income Tax Act,1961 is valid on the grounds of disclosure p.....

Tags : Chhattisgarh High Court, reassessment, Section 148 of the Income Tax Act,1961, bogus



Telangana HC: Power to Grant Stay Under Telangana VAT Act is Discretionary(21.04.2022)

Telangana High Court has observed that the power of the authorities under the Telangana Value Added Tax Act, 2005 is discretionary and the same should.....

Tags : Telangana High Court, Telangana Value Added Tax Act, 2005, discretionary



Delhi HC: 50% Marks in Science in Intermediate Exam Necessary for Foreign Qualified MBBS(21.04.2022)

Delhi High Court has ruled that considering the provisions of the Indian Medical Council Act, 1956, a foreign qualified MBBS is required to obtain 50%.....

Tags : Delhi High Court, Indian Medical Council Act, 1956, MBBS, Screening Test



SC: Patient’s Death on Face of it Cannot be Medical Negligence(21.04.2022)

Supreme Court has said that even death of a patient cannot, on the face of it, be said to be medical negligence. The court said that it emerges from t.....

Tags : Supreme Court, medical negligence, medical practitioner



Delhi HC: Restraint Order Against Husband Under DV Act from Making Arrangement for Child Visitation(21.04.2022)

Delhi High Court has ruled that the domain and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two c.....

Tags : Delhi High Court, Protection of Women from Domestic Violence Act, 2005, Family Courts Act, 1984



Bombay HC: Orders U/S 60 Maharashtra Police Act Are Quasi-Judicial, Must be Supported by Reasons(22.04.2022)

Bombay High Court has observed that the order of Divisional Commissioner on externment under the Maharashtra Police Act, 1951 are not administrative .....

Tags : Bombay High Court, Maharashtra Police Act, 1951, administrative orders, quasi-judicial



Supreme Court Reiterates Section 18 Limitation Act Is Applicable To IBC Proceedings(19.05.2022)

Supreme Court reiterates that the provisions of Section 18 of the Limitation Act are applicable to proceedings under the Insolvency and Bankruptcy C C.....

Tags : Supreme Court, Insolvency and Bankruptcy Code, 2016, Section 18 Limitation Act



Delhi HC: S.148 NI Act Will Extend to Appeals Out of Complaint Filed Prior to 2018 Amendment(19.05.2022)

Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of.....

Tags : Section 148 Negotiable Instruments Act 1881, Appeals, 2018 Amendment



Bombay HC: Can't Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act(19.05.2022)

Bombay High Court has observed that a daughter-in-law cannot be directed to pay maintenance to her ailing mother-in-law, especially in the absence of .....

Tags : Senior Citizens Act, Bombay High Court



Bombay HC: Loss On Trading in Derivatives of Securities Not A Speculative Loss(19.05.2022)

Bombay High Court has ruled that transactions in respect of trading in derivatives carried out in a recognized stock exchange are excluded from the de.....

Tags : Income-Tax Act, Bombay High Court, ITAT, Finance Act



Supreme Court: Set Up Pilot Courts to Deal With Cheque Bounce Cases(19.05.2022)

Supreme Court in a bid to reduce the pendency of cheque bounce cases under S. 138 of the Negotiable Instruments Act, ordered the establishment of pilo.....

Tags : Negotiable Instruments Act, Supreme Court, Cheque Bounce, Pilot Courts



Non-Compliance of S. 148A Notice: Rajasthan HC asks Income Tax Dept to Follow SC Judgment(19.05.2022)

Rajasthan High Court has directed the income tax department to proceed with the notices quashed earlier under Section 148A of Income-Tax Act, 1961, in.....

Tags : Supreme Court, Rajasthan High Court, Section 148A Income-Tax Act 1961, Finance Act



Madras HC: Arbitral Award Rendered Mechanically, Remits Matter Back To Arbitrator(20.05.2022)

Madras High Court while remitting back the matters has ruled that an arbitral award rendered by the District Collector awarding a lower value to the l.....

Tags : Madras High Court, Arbitration, National Highway Act, Arbitral Award



Rajasthan HC: Engagement of Child Not Offence U/S 11 Of Child Marriage Act(29.04.2022)

Rajasthan High Court has observed that Section 11 of the Prohibition of Child Marriage Act, 2006 makes it abundantly clear that organizing marriage is.....

Tags : Rajasthan High Court, Section 11, Prohibition of Child Marriage Act, 2006, engagement



ITAT, Bangalore: Income Tax Penalty Can’t be Imposed on Expenditure Due to Wrong Professional Advice(29.04.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that the income tax penalty under section 271(1) of the Income Tax Act, 1961 cannot be imposed for .....

Tags : Income Tax Appellate Tribunal, income tax, section 271(1), Income Tax Act, 1961, Chartered Accountant



ITAT, Bangalore: Subsidy Expenditure Does Not Attract TDS Provision(29.04.2022)

Income Tax Appellate Tribunal, Bangalore has ruled that subsidy expenditure not attracts Tax Deducted at Source provision and set asides the order dis.....

Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, Section 40(a)(ia), Income Tax Act, 1961



ITAT, Delhi: Revisional Jurisdiction Can be Invoked in Very Gross Case of Inadequacy in Inquiry(29.04.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the Revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked in a very.....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263, Income Tax Act, 1961



Orissa HC Upholds Constitutional Validity of Section 34 RP Act(02.05.2022)

Orissa High Court upheld the Constitutional validity of Section 34 of the Representation of the People Act, 1951 that specifies that eligible citizens.....

Tags : Orissa High Court, Section 34, Representation of the People Act, 1951, State Legislative Assembly, Member of Parliament



Bombay HC: Agreement on Name of Arbitrator Would Not Amount to Waiver of Notice(02.05.2022)

Bombay High Court has observed that simply because the Arbitration agreement provides for the name of the arbitrator, the same would not amount to a w.....

Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Section 21, Arbitration agreement



ITAT, Mumbai: Depreciation Allowable on Marketing Information and Non-Compete Fee(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has observed that the depreciation is allowable on intangible assets such as marketing information comprising of.....

Tags : Income Tax Appellate Tribunal, depreciation, intangible, marketing information, Commercial information, Customer data, Distribution network, Suppliers contract, Non-compete fees



Allahabad HC: Section 6 of GST Act is Enacted to Avoid Possibility of Conflicting Orders(11.04.2022)

Allahabad High Court has observed that section 6 of Goods and Services Tax Act, 2017 is enacted to avoid possibility of orders of conflict and holds n.....

Tags : Allahabad High Court, section 6 of Goods and Services Tax Act 2017, jurisdiction



Orissa HC: Court Can Take Cognizance of Complaint on Notice Pursuant to Re-Presentation of Cheque(11.04.2022)

Orissa High Court has ruled that Court can take cognizance of a complaint for cheque bounce filed under Section 138 of the Negotiable Instruments Act,.....

Tags : Orissa High Court, cognizance, cheque bounce, Section 138 of the Negotiable Instruments Act, 1881, dishonour



Delhi HC: Exemption Cannot be Denied to Charitable Entity for Advertising Scholarship(12.04.2022)

Delhi High Court has observed that the exemption under the provisions of the Income Tax Act, 1961 can’t be denied to a charitable entity merely becaus.....

Tags : Delhi High Court, exemption, Income Tax Act, 1961, scholarship



Delhi HC: Sufficiency or Correctness of Material Need not be Considered During Issue of Notice(12.04.2022)

Delhi High Court has observed that the sufficiency or correctness of the material is not a thing to be considered at the stage of issue of notice unde.....

Tags : Delhi High Court, Section 148 of the Income Tax Act, 1961



Delhi Court: Denies Bail to Sharjeel Imam Denied Bail Inin Delhi Riots Larger Conspiracy Case(12.04.2022)

Delhi Court has dismissed the bail plea moved by Sharjeel Imam in connection with a case alleging larger conspiracy into the Delhi riots of 2020, invo.....

Tags : Delhi Court, Sharjeel Imam, conspiracy, Indian Penal Code, Unlawful Activities (Prevention) Act



Bombay HC: Orders U/S 60 Maharashtra Police Act are Quasi-Judicial, Must be Supported by Reasons(22.04.2022)

Bombay High Court has observed that the order of Divisional Commissioner on externment under the Maharashtra Police Act, 1951 are not administrative .....

Tags : Bombay High Court, Maharashtra Police Act, 1951, administrative orders, quasi-judicial



Madras HC: Manifest Intention to Arbitrate is Sine Qua Non for Filing Application Under S.9(22.04.2022)

Madras High Court has ruled that manifest intention to arbitrate is a sine qua non for filing an application under Section 9 of the Arbitration & Conc.....

Tags : Madras High Court, Section 9 of the Arbitration & Conciliation Act, 1996, sine qua non, arbitration



Allahabad HC: Electricity Act Inapplicable When Contract is for Supply of Materials Simplicitor(22.04.2022)

Allahabad High Court has ruled that the embargo under Section 86 of the Electricity Act, 2003 does not apply when the agreement is for supply simplici.....

Tags : Allahabad High Court, Section 86 of the Electricity Act, agreement, transmission, distribution



Delhi HC: Right of Party to File Counter Claims Exists Independently of Any Liberty(22.04.2022)

Delhi High Court has held that any issue on which the Arbitral Tribunal has the jurisdiction to pass a final award can also be the subject matter of a.....

Tags : Delhi High Court, Arbitral Tribunal, Section 34 of the Arbitration and Conciliation Act



ITAT, Ahmedabad: Payments to Medical Labs for Screening of Sickle Cell Anemia Subject to TDS(22.04.2022)

Income Tax Appellate Tribunal, Ahmedabad has held that under sections 194J and 194C of the Income Tax Act, 1961 is applicable to the payments made to .....

Tags : Income Tax Appellate Tribunal, Income Tax Act, sickle cell anemia, medical labs



CESTAT, Delhi: CHA Has No Reason to Doubt Any Malpractice of Export of Prohibited Goods(10.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has ruled that the Custom House Agent had no reason to doubt any malpractice and attempted e.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Custom House Agent, malpractice, prohibited goods, abetment



ITAT: If TDS Statement filed on Time Contains Technical Errors, No Late Fee Can be Charged(11.05.2022)

Income Tax Appellate Tribunal, Ahmedabad has held that a late fee under section 234E of the Income Tax Act of 1961 cannot be imposed if a statement is.....

Tags : Income Tax Appellate Tribunal, section 234E, Income Tax Act



Delhi HC: Daughter-in-law Can Seek Maintenance From Father-in-law if Inherited Husband's Estate(11.05.2022)

Delhi High Court by dismissing a plea filed by a widowed daughter-in-law and grand-daughter under section 19 of the Family Court Act, 1984 has ruled .....

Tags : Delhi High Court, Family Court Act, 1984, section 19, father-in-law, daughter-in-law, inherited



P&H HC: Licensing Authority Can Refuse to Grant Arms Licence U/S 14 Arms Licence Act(11.05.2022)

Punjab and Haryana High Court while dealing with a petition in which an application for grant of an arms license was rejected has held that the reason.....

Tags : Punjab and Haryana High Court, arms licence, Arms Act, 1959



Orissa HC: Government is Not Required to Refer National Security Issues to National Tribunal(11.05.2022)

Orissa High Court has ruled that it is not obligatory for the Central Government to refer a matter of national importance to the National Industrial T.....

Tags : Orissa High Court, Central Government, National Industrial Tribunal, Section 7-B, Industrial Disputes Act, 1947



Kerala HC: Artificial Breaks in Service Cannot be Used to Deny Maternity Leave Benefits(12.05.2022)

Kerala High Court has ruled that short artificial breaks in service between successive contracts cannot be used as a device to reject maternity rights.....

Tags : Kerala High Court, successive contracts, maternity rights



Kerala HC Directs Strict Action against Those Discarding Garbage in Drains(20.05.2022)

Kerala High Court has directed the Secretary of the Cochin Corporation to initiate strict action against those dumping garbage into canals and drains,.....

Tags : Kerala High Court, Strict Action, Roads and Canals



Karnataka HC: Directors of Company Can't Be Prosecuted Unless They Played "Active Role" in Process(20.05.2022)

Karnataka High Court has quashed the criminal proceedings initiated against the Proprietors/ Directors of a drugs manufacturing company for alleged pr.....

Tags : Karnataka High Court, Criminal Proceeding, Active Role, Directors



Karnataka HC: Employees Entitled for Gratuity from the Time They Were Employed(20.05.2022)

Karnataka High Court has declined to quash an order passed by the Controlling Authority under the Payment of Gratuity Act, 1972, which directed govern.....

Tags : Karnataka High Court, Payment of Gratuity Act, Government Bodies, Controlling Authority



Mathura Court: Places Of Worship Act Not Applicable To Sri Krishna Janmabhoomi-Shahi Idgah Dispute(20.05.2022)

Mathura court has held that the suit to remove the Shahi Idgah Masjid, allegedly built on the land of Shrikrishna Janam Bhoomi is maintainable. The Co.....

Tags : Sri Krishna Janmabhoomi-Shahi Idgah Dispute, Shri Krishna Janmabhoomi Trust, Places Of Worship Act



Orissa HC: "Last Come First Go" Principle Can Be Departed By Employer Only After Recording Reasons(20.05.2022)

Orissa High Court has held that the principle of "last come first go" cannot ordinarily be departed from by employers while retrenching labourers unde.....

Tags : Orissa High Court, Retrenchment, Workmen, Industrial Dispute Act, 1947



ITAT: TDS Not Applicable to Commission to Credit Card Company Under Section 194H of IT Act(09.06.2022)

Income Tax Appellate Tribunal (ITAT), Delhi bench has held that TDS under Section 194H of the Income-Tax (IT) Act, 1961 is not applicable to the amoun.....

Tags : ITAT, Income-Tax Act, Credit Card



Bombay HC Grants Anticipatory Bail to Principal After Complainant Sought Extra Judicial Remedy(09.06.2022)

Bombay High Court while granting anticipatory bail to the accused for an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities.....

Tags : Bombay High Court, Anticipatory Bail, SC/ST Act



Allahabad HC: Court Can Allow Production of Certificate U/S 65-B(4) of IEA at Later Stage of Trial(10.06.2022)

Allahabad High Court has held that trial court has power to allow prosecution to produce the certificates under Section 65-B (4) of the Indian Evidenc.....

Tags : Allahabad High Court, Evidence Act, Certificate



ITAT: Provision Mandating Furnishing of PAN With E-TDS has Overriding Effect(10.06.2022)

Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench has held that the provision mandating furnishing of PAN with E-TDS has an overriding effect .....

Tags : ITAT, Income-Tax Act, PAN



ITAT: No Late Fee U/S 234E of IT Act Can be Levied for Default Committed After 2015 Amendment(10.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune bench has held that late fees u/s 234E can’t be levied for the default committed after the insertion of Sec.....

Tags : ITAT, Income-Tax Act, Finance Act



Gujarat HC: Scope of Judicial Review is Limited in Contractual Matters Involving Technical Issues(13.06.2022)

Gujarat High Court while refusing to interfere with order of Dispute Resolution Panel, has held that the scope of judicial review in contractual matte.....

Tags : Gujarat High Court, Contractual Matters, Technical Issues



MP HC Upholds Restrictions on Merchanting Trade Transactions as Per Import/ Export Policy(17.11.2020)

Madhya Pradesh High Court has held that once import/ export of a particular product is barred by the Government, the question of permitting 'Merchanti.....

Tags : Madhya Pradesh High Court, Restrictions on Merchanting Trade Transactions



SC: Genuineness of Transaction Cannot Be Doubted Merely Because Thumb Impression Affixed(18.08.2021)

Supreme Court has observed that genuineness of property transaction cannot be doubted merely because thumb impression was affixed instead of signature.....

Tags : Supreme Court, Genuineness of Property Transaction



Gujarat HC: Gujarat Freedom of Religion (Amendment) Act, 2021 Not to Apply to Inter-faith Marriages(19.08.2021)

Gujarat High Court has passed an interim order stating that the provisions of the Gujarat Freedom of Religion (Amendment) Act, 2021, will not apply to.....

Tags : Gujarat High Court, Gujarat Freedom of Religion (Amendment) Act, 2021



Kar. HC: There Cannot be Any 'Deemed Forest' Under The Forest Conservation Act(24.06.2022)

Karnataka High Court has held that a land can either be a 'forest' or a "forest land", but there cannot be any 'deemed forest' under the Forest Conser.....

Tags : Karnataka High Court, Deemed Forest, Forest Conservation Act



Telangana HC: Delay of 435 Days in Filing Appeal is Too Long to Exercise Discretion(27.06.2022)

Telangana High Court while dismissing an appeal filed after a long delay of 435 days, has held that having regards to the object of the Arbitration an.....

Tags : Telangana High Court, Arbitration and Conciliation Act, Delay



Gujarat HC Refuses to Quash FIR for Dumping Chemicals in Open Land(27.06.2022)

Gujarat High Court has refused to quash a FIR lodged for violation of the Environment (Protection) Act against a factory owner for allegedly dumping c.....

Tags : Gujarat High Court, Dumping Chemicals, Environment (Protection) Act



Delhi HC: Scholarship by Hamdard Foundation Eligible for Exemption Under Income Tax Act(12.04.2022)

Delhi High Court has upheld the factual findings that the merit-cum scholarship/financial assistance provided by Hamdard National Foundation was not c.....

Tags : Delhi High Court, factual findings, merit-cum scholarship, financial assistance, Hamdard National Foundation, Section 11 of Income Tax Act, 1961



Bombay HC: Court Does Not Have Adjudicatory Powers Under Section 27 of A&C Act(12.04.2022)

Bombay High Court has observed that the Court under Section 27 of the Arbitration and Conciliation Act, 1996 does not have the jurisdiction to conside.....

Tags : Bombay High Court, Section 27 of the Arbitration and Conciliation Act, 1996, arbitral tribunal



Delhi HC: Existence of Cause of Action Cannot be Equated with Merits of Suit Filed(12.04.2022)

Delhi High Court has observed that existence of the cause of action cannot be equated with the merits of the suit filed.

Tags : Delhi High Court, cause of action



Gujarat HC: There Cannot Be Deemed Waiver of Section 12(5) of A&C Act(12.04.2022)

Gujarat High Court has held that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 is waived by the parties,.....

Tags : Gujarat High Court, embargo, Section 12(5) of the Arbitration and Conciliation Act, 1996



ITAT, Delhi Deletes Penalty Against Lahmeyer Holding GambH(12.04.2022)

Income Tax Appellate Tribunal , Delhi has granted relief to Lahmeyer holding that the penalty cannot be levied based on fact that the assessee under s.....

Tags : Income Tax Appellate Tribunal, Lahmeyer Holding GambH, section 44BBB of the Income Tax Act, 1961, permanent establishment, bonafide



Delhi HC: Claims Raised Before Arbitral Tribunal Cannot be Rejected if Not Mentioned in Notice(13.04.2022)

Delhi High Court has held that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 should quantify.....

Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, Arbitral Tribunal



Kerala HC Directs CBI Special Team to Investigate Murder of NDF Activist(08.07.2021)

Kerala High Court has directed a special team of Central Bureau of Investigation to conduct further investigation into the murder of the National Deve.....

Tags : Kerala High Court, Murder of NDF Activist



Delhi HC: Occurrence of Cause of Action Determining Factor to Attract Jurisdiction of Court(09.07.2021)

Delhi High Court has reiterated that the occurrence of cause of action at a place is a determining factor both under section 20 of the Code of Civil P.....

Tags : Delhi High Court, Occurrence of Cause of Action



P&H HC Directs to Issue Appropriate Directions to Judicial Officers on Manner of Reflecting Facts(12.07.2021)

Punjab & Haryana High Court has directed the Director, Chandigarh Judicial Academy to issue appropriate directions to the judicial officers on the man.....

Tags : Punjab and Haryana High Court, Directions to Judicial Officers on Manner of Reflecting Facts



ITAT: Non-Issue of Proper Show Cause Notice Can be Fatal to Proceedings Under Income Tax Act(13.06.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that non-issue of proper show-cause notice can be fatal to the proceedings under the In.....

Tags : ITAT, Income-Tax Act, Show Cause Notice



P&H HC: Factories Act Does Not Override Indian Penal Code(13.06.2022)

Punjab and Haryana High Court has held that provision of Factories Act, 1948 are not in substitution but are supplemental to any other Act. Therefore .....

Tags : Punjab and Haryana High Court, Factories Act, Indian Penal Code



NCLAT Upholds Imposition of Rs. 200 Crores Penalty on Amazon by CCI(14.06.2022)

National Company Law Appellate Tribunal (NCLAT) has upheld the order passed by Competition Commission of India (CCI) whereby Amazon was directed to pa.....

Tags : NCLAT, CCI, Competition Act, Penalty



Calcutta HC Publishes Action Plan for Judicial Officers to Reduce Pendency of Cases(11.08.2021)

Calcutta High Court has published an 'Action Plan' for judicial officers in order to reduce the pendency of cases in subordinate judiciary. The Action.....

Tags : Calcutta High Court, Action Plan for Judicial Officers



Government Notifies IBC Amendment Act, 2021 Enables Pre-Packaged Insolvency Resolution for MSMEs(13.08.2021)

Central Government has notified the Insolvency and Bankruptcy Code Amendment Act, 2021 which has enabled Pre-packaged Insolvency Resolution for MSMEs......

Tags : Central Government, IBC Amendment Act, 2021



Kar. HC: Individuals Not Members of Terrorist Organization Can Also be Prosecuted for Terrorist Act(06.07.2022)

Karnataka High Court has held that it is not necessary that a person being prosecuted for ‘terrorist act’ defined under Section 15 of the Unlawful Act.....

Tags : Karnataka High Court, UAPA, Terrorist Act, Individual



ITAT: Proprietary Concern Not Required to Obtain Separate PAN(07.07.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that proprietary concern is not required to obtain a separate Permanent Account Number .....

Tags : ITAT, Permanent Account Number, Income-Tax Act



Kerala HC: Compensation for Actual Damages Includes Value of Spare Parts to be Repaired(11.07.2022)

Kerala High Court while allowing a motor accident claims appeal has held that in Motor Accident Claims the claimant is entitled to get compensation fo.....

Tags : Kerala High Court, Motor Accident Claims, Actual Damages



Gujarat HC Grants Interim Bail to Husband Under Gujarat Freedom of Religion (Amendment) Act, 2021(18.10.2021)

Gujarat High Court has granted interim bail to an accused/husband, his relatives on a joint plea filed by him and his complainant-wife seeking quashin.....

Tags : Gujarat High Court, Gujarat Freedom of Religion (Amendment) Act, 2021



P&H HC Directs DGP to Not Register FIR Under SC/ST Act at Instance of Third Party(19.10.2021)

Punjab and Haryana High Court has directed the Director-General of Police, Punjab to not register FIR under the Scheduled Castes and the Scheduled Tri.....

Tags : Punjab and Haryana High Court, FIR Under SC/ST Act



AP HC Directs Filing of Counter Affidavit in Plea Challenging Section 12 of APSDC Act 2020(22.10.2021)

Andhra Pradesh High Court has directed the Union of India to file a counter affidavit by November 15 regarding the petitions that challenged Section 1.....

Tags : Andhra Pradesh High Court, Challenging Section 12 of APSDC Act 2020



SC: Anardana to be Classified Under Heading 1209 of Tariff Entries Under Customs Tariff Act(15.07.2022)

Supreme Court has held that 'anardana' would fall under Heading 1209 of the Tariff entries issued under the Customs Tariff Act, 1975, attracting a cus.....

Tags : Supreme Court, Customs Tariff Act, Anardana



Telangana HC: Consensual Physical Acts Can’t be Taken as Defense if Girl is Below 18 Years of Age(18.07.2022)

Telangana High Court has held that the defense that acts of physical relationship was consensual between the accused and victim girl cannot be conside.....

Tags : Telangana High Court, Consensual Physical Acts, Minor, POCSO



Karnataka High Court Restrains Police from Taking Coercive Action Against Them Till Nov 9(28.10.2021)

Karnataka High Court has directed the state government to not take any coercive steps against Bhavit Sheth and Harsh Jain, the Founders and Directors .....

Tags : Karnataka High Court, Coercive Action Against Dream 11



Telangana HC Upholds Validity of Section 15 of the Telangana Advocates' Welfare Fund Act, 1987(01.11.2021)

Telangana High Court has upheld the Section 15 of the Telangana Advocates' Welfare Fund Act, 1987 which debars advocates who have crossed the age of 3.....

Tags : Telangana High Court, Telangana Advocates' Welfare Fund Act, 1987



Madras HC Directs State to Take Action Against Noise Pollution, Building Violations(01.11.2021)

Madras High Court has directed the State authorities to take appropriate actions to ensure that noise pollution or violations of building rules on acc.....

Tags : Madras High Court, Action Against Noise Pollution, Building Violations



J&K&L HC: Elaborate Reasons Not Necessary While Issuing Entrustment Orders(08.08.2022)

Jammu and Kashmir and Ladakh High Court has held that merely because elaborate reasons have not been given in entrustment orders passed by Superintend.....

Tags : Jammu and Kashmir and Ladakh High Court, Prevention of Corruption Act, Entrustment Orders



Kar. HC: Attacking Police With Petrol Bottles Amounts to Terrorist Act Under UAPA(09.08.2022)

Karnataka High Court has held that use of petrol bottles while attacking police personnel and police stations by accused persons during the Bengaluru .....

Tags : Karnataka High Court, UAPA, Petrol Bottle, Terrorist Act



Delhi HC: Amendment to Section 36(1)(va) of Income Tax Act is Prospective in Nature(10.08.2022)

Delhi High Court has held that amendment to Section 36(1)(va) of Income-Tax Act, 1961, vide the Finance Act, 2021, is 'for removal of doubts' and henc.....

Tags : Delhi High Court, Income-Tax Act, Prospective



Constitution (105th Amendment) Act Has Come In Force From 15th August, 2021(04.10.2021)

The Constitution (One Hundred and Fifth Amendment) Act, 2021, which restores the power of the State Governments and Union Territories to identify and .....

Tags : Constitution (105th Amendment) Act, Enforcement



Kerala HC: Power under Section 25 of Rent Act Is Not Appellate Power(04.10.2021)

Kerala High Court has observed that the power exercisable by High Court under Section 25 of Kerala Buildings (Lease and Rent Control) Act (Rent Act) i.....

Tags : Kerala HC, Kerala Buildings (Lease and Rent Control) Act



Delhi HC Directs Centre For Filling Up Of Vacancies In Adjudicating Authority Under PMLA(04.10.2021)

Delhi High Court has directed the Centre for filling up the vacancy positions for members in the Adjudicating Authority under the Prevention of Money .....

Tags : Delhi High Court, Prevention of Money Laundering Act



Delhi HC Issues Notice on Plea Challenging Vires of Civil Defence Act 1968(05.10.2021)

Delhi High Court has issued notice on a petition challenging the vires of the Civil Defence Act, 1968, insofar as it allegedly gives unchecked power t.....

Tags : Delhi High Court, Vires of Civil Defence Act 1968



SC Dismisses Plea Challenging Mandate for Advance Notice & Publication of Personal Details(30.08.2022)

Supreme Court has refused to entertain a petition challenging certain provisions of the Special Marriage Act, 1954 (SMA) which mandate parties to marr.....

Tags : Supreme Court, Special Marriage Act, Personal Details



SC: BCCI Can be Said to be a ‘Shop’ to Attract Provisions of ESI Act(31.08.2022)

Supreme Court has held that Board of Control for Cricket in India (BCCI) can be said to be a ‘shop’ for the purposes of attracting the provisions of E.....

Tags : Supreme Court, BCCI, ESI Act



Madras HC Directs Centre to Strictly Follow Provisions of Official Languages Act, 1963(13.09.2021)

Madras High Court has directed the Centre to strictly follow the provisions of the Official Languages Act, 1963 while emphasizing that once a represen.....

Tags : Madras High Court, Provisions of Official Languages Act, 1963



SC: Bar U/s 9(3) Arbitration Act Not Applicable Before Constitution of Arbitration Tribunal(15.09.2021)

Supreme Court has observed that the bar under Section 9(3) of the Arbitration and Conciliation Act, 1996 operates only when the application under Sect.....

Tags : Supreme Court, Bar U/s 9(3) Arbitration Act



Gauhati HC: Section 29 and 30 POCSO Act Doesn’t Relieve Prosecution of Burden to Prove Case(15.09.2021)

Gauhati High Court has observed that Section 29 & 30 of the Protection of Children from Sexual Offences Act, 2012 doesn't actually relieve the prosecu.....

Tags : Gauhati High Court, Section 29 and 30 POCSO Act



NHRC Issues Notice to Four States Citing Adverse Impact on Industries, Transportation(15.09.2021)

National Human Rights Commission has issued notice to four states, calling upon them to submit their respective Action Taken Reports with regard to th.....

Tags : National Human Rights Commission, Adverse Impact on Industries, Transportation



Allahabad HC: No Conviction Under SC/ST Act if Offence Not Committed on Ground of Victim's Caste(29.07.2022)

Allahabad High Court has held that to prosecute a person for an offence committed under Section 3(2)(v) of the SC/ST Act, there must be evidence that .....

Tags : Allahabad High Court, SC/ST Act, Caste, Conviction



SC: Reference to Factual Aspects in Second Appeal Not to Mean Evidence Appreciated(03.09.2021)

Supreme Court has observed that merely because the High Court, while considering a second appeal, refers to certain factual aspects in the case to rai.....

Tags : Supreme Court, Reference to Factual Aspects



Madras HC: Benami Transactions (Prohibition) Amendment Act, 2016 Can Be Applied Retrospectively(06.09.2021)

Madras High Court has opined that in respect of the benami transactions entered into prior to the Benami Transactions (Prohibition) Amendment Act, 201.....

Tags : Madras High Court, Benami Transactions (Prohibition) Amendment Act, 2016



Bombay HC: Contract Discharged by Settlement Can’t be Referred to Arbitration(18.08.2022)

Bombay High Court has held that once a settlement is arrived at by the parties, the contract between the parties stands discharged by mutual agreement.....

Tags : Bombay High Court, Arbitration, Contract, Settlement



Madras HC: Municipalities Can't Engage Manual Scavengers Through Private Contractors(23.08.2022)

Madras High Court has held that if any municipality was seen to engage in the practice of manual scavenging, even through private contractors, the Com.....

Tags : Madras High Court, Manual Scavengers, Private Contractors



SC Declares Section 3(2) of Benami Transactions Prohibition Act as Unconstitutional(23.08.2022)

Supreme Court has held that Section 3(2) of the Benami Transactions (Prohibition) Act 1988 as unconstitutional on the ground of being manifestly arbit.....

Tags : Supreme Court, Benami Transaction, Unconstitutional



SC Refuses to Entertain Plea Seeking Enquiry Into Violence During Farmers’ Tractor Rally(03.02.2021)

Supreme Court has refused to entertain a batch of petitions which sought enquiry into the violence during farmers' tractor rally held in the national .....

Tags : Supreme Court, Farmers’ Tractor Rally



AAR, Telangana: ITC Can be Availed on GST Charged by Contractor Supplying Service of Works(14.12.2021)

Authority of Advance Ruling (AAR), Telangana has ruled that input tax credit can be availed on goods and services tax (GST) charged by contractor supp.....

Tags : Authority of Advance Ruling, GST Charged by Contractor Supplying Service of Works



Allahabad High Court Issues Direction to Not File FIR Under Section 66A IT Act(14.12.2021)

Allahabad High Court has issued a direction to all the District Courts in Uttar Pradesh and to the Director-General of Police, Uttar Pradesh that no F.....

Tags : Allahabad High Court, Not to File FIR Under Section 66A IT Act



Del. HC: Judicial Review of Govt Contracts Permitted If Illegality in Decision Making Process Exists(06.09.2022)

Delhi High Court has held that scope of judicial review in matters of government contracts is limited and can only be exercised if there is patent unr.....

Tags : Delhi High Court, Government Contract, Illegality



SC: Delivering Used & Defective Car Against Booking for New Car is Unfair Trade Practice(09.09.2022)

Supreme Court has held that delivering a defective and old model car against a booking for a new car made by a customer who has paid full sale conside.....

Tags : Supreme Court, Unfair Trade Practice, Car Booking



Bombay HC: Order Under Prevention of Corruption Act to Demonstrate Application of Mind(25.02.2021)

Bombay High Court has ruled that an order granting permission or sanction to prosecute an individual under the Prevention of Corruption Act, 1988 must.....

Tags : Bombay High Court, Order Under Prevention of Corruption Act



UNHCR Notes Charges of Sedition Against Journalists and Activists as Departure from Human Rights(01.03.2021)

United Nations High Commissioner of Rights has stated that the charges of sedition against journalists and activists for reporting or commenting on th.....

Tags : United Nations High Commissioner of Rights, Charges of Sedition Against Journalists and Activists



Delhi HC Refuses to Hear Petitions Against ‘Aaj Tak’ for Alleged Mis-reporting of Tractor Rally(01.03.2021)

Delhi High Court has said that it will not hear the petitions seeking action against 'Aaj Tak' news channel over alleged mis-reporting of the tractor .....

Tags : Delhi High Court, Mis-reporting of Tractor Rally



SC: Contract is Void if Prohibited by Statute Under a Penalty(01.03.2021)

Supreme Court has observed that a contract is void if prohibited by a statute under a penalty, even without express declaration that the contract is v.....

Tags : Supreme Court, Void Contract



Kar. HC: Advocates Act Confers No Right to Park Vehicle Inside Court Premises(30.09.2022)

Karnataka High Court has held that Section 30 of the Advocates' Act only confers the right on the Advocates to practice and it does not confer any rig.....

Tags : Karnataka High Court, Advocates Act, Parking



Bombay HC: Woman Who Leaves Matrimonial House Before Divorce Can't Claim Right to Reside in House(03.10.2022)

Bombay High Court has held that a woman, who leaves her matrimonial house before her divorce, cannot later seek right to residence under the Protectio.....

Tags : Bombay High Court, Matrimonial House, DV Act



Bombay High Court Grants Pre-Arrest Bail to Actor Sahil Khan in Abetment to Suicide Case(08.12.2021)

Bombay High Court has granted pre-arrest bail to actor and fitness entrepreneur Sahil Khan in an abetment to suicide and defamation case.

Tags : Bombay High Court, Pre-Arrest Bail to Actor Sahil Khan



Madras High Court Restrains Coercive Action Against Digital Media Platforms Under IBDF(08.12.2021)

Madras High Court has restrained the Central Government from taking any coercive action under the Information Technology Rules 2021, against digital m.....

Tags : Madras High Court, Coercive Action Against Digital Media Platforms



Orissa HC Asks to File Affidavit Specifying Steps to Implement Manual Scavenging Prohibition Act(08.12.2021)

Orissa High Court has asked the State Government to file an affidavit specifying steps it has taken so far to implement the Prohibition of Employment .....

Tags : Orissa High Court, Manual Scavenging Prohibition Act



Karnataka HC: Provisions of Rent Act Will Not Have Overriding Effect Over Provisions of SARFAESI Act(09.12.2021)

Karnataka High Court has said that a secured creditor has precedence and first charge over the secured assets, under the Securitisation and Reconstruc.....

Tags : Karnataka High Court, Provisions of Rent Act



Delhi HC: Underworld Organized Activities and Smuggling of Drugs Due to Addiction(13.12.2021)

Delhi High Court has observed that the underworld-organized activities and clandestine smuggling of drugs are resulting in addiction among the public .....

Tags : Delhi High Court, Underworld Organized Activities and Smuggling of Drugs



Madras HC: Education Not Commercial Activity, Collection of Capitation Fee for Admission Illegal(01.11.2022)

Madras High Court while deprecating practice of receiving capitation fee for admissions, has held that education can never be a commercial activity an.....

Tags : Madras High Court, Capitation Fees, Commercial Activity



Bombay High Court Grants Status Quo Relief to SpiceJet Contractual Employees(27.01.2022)

Bombay High Court has directed SpiceJet in an interim order that no new contractual employees or personnel be deployed by any agency. Further, the Cou.....

Tags : Bombay High Court, SpiceJet Contractual Employees



P&H HC: Consent During Prior Sexual Acts Won’t Extend to Future Occasions(27.01.2022)

Punjab and Haryana High Court has observed that the consent given during prior sexual acts won't extend to future occasions, stressing that law acknow.....

Tags : Punjab and Haryana High Court, Consent During Prior Sexual Acts



Telangana HC: Scrutiny By IT Department Barred For The Period Covered By The Resolution Plan(28.01.2022)

Telangana High Court has observed that for the period covered by the Resolution Plan, Income Tax Department cannot carry out any scrutiny or assessmen.....

Tags : Income Tax Act, Insolvency and Bankruptcy Code, Corporate Debtor, Financial Creditor



Delhi HC: Mixing Of Contraband From Two Different Cartons Before Forensic Analysis Is Contrary of Law(28.01.2022)

Delhi High Court has observed that where the quantity of contraband recovered in a case is large and it is not practicable to send the entire quantity.....

Tags : Delhi High Court, NDPS Act, Forensic Report



Delhi Court rants Bail to Photojournalist Manan Dar in UAPA Case(04.01.2023)

Delhi Court has granted bail to Kashmir based photojournalist Mohd Manan Dar in a case registered under Unlawful Activities (Prevention) Act, 1967 whi.....

Tags : Delhi Court, Unlawful Activities (Prevention) Act, Bail



Karnataka High Court Upheld Notification levying Excise Duty On Tobacco Products(10.01.2022)

Karnataka High Court has upheld the notification levying Central Excise Duty on tobacco and tobacco products issued by the Union of India. The court o.....

Tags : Karnataka High Court, Central Excise Act



Gujarat High Court: Official Language Of The Court Is English(10.01.2022)

Gujarat High Court has stated that the party cannot insist on addressing the Court in any other language as the language of the Court is English. The .....

Tags : Gujarat High Court, Official Languages Act



Kerala HC: State Government Well Equipped to Decide Legality of Panchayat Decisions(06.12.2022)

Kerala High Court has held that Section 191 of Kerala Panchayat Raj Act, 1994 is an efficacious, alternate statutory remedy against any decisions take.....

Tags : Kerala High Court, Panchayat Raj Act, Legality



SC: Transfer Can be Set Aside Only if it Was Subject to Condition of Providing Basic Amenities(07.12.2022)

Supreme Court has held that Section 23 of Senior Citizens Act will be attracted only if the transfer of property by a senior citizen was subject to a .....

Tags : Supreme Court, Senior Citizen Act, Property



Madras HC Directs State to Revamp Madras Medical Registration Act(07.12.2022)

Madras High Court has directed the State to revamp the ‘archaic’ Madras Medical Registration Act, 1914 after it was brought to the court's notice that.....

Tags : Madras High Court, Medical Registration Act, Election



Allahabad HC: Political Activists Have a Right to Protest Against Administration(09.12.2022)

Allahabad High Court while quashing criminal case filed against the sitting minister in the State government and BJP MLA, Dinesh Pratap Singh, has hel.....

Tags : Allahabad High Court, Political Activists, Protest



SC: Merely Having Explicit Clause Not Sufficient to Make Time Essence of The Contract(15.11.2021)

Supreme Court has observed that merely having an explicit clause may not be sufficient to make time the essence of the contract. The contractual claus.....

Tags : Supreme Court, Time Essence of Contract



SC: Acts of Accused Must be Proximate to Occurrence for Conviction Under Section 306 IPC(13.10.2022)

Supreme Court has held that positive action proximate to the time of suicide on the part of the accused which led or compelled the deceased to commit .....

Tags : Supreme Court, Suicide, Proximate Action



Madras HC Directs Release of Vehicle as Department Fails to Pass Detention Order(14.10.2022)

Madras High Court has ordered the release of the vehicle as the department has failed to pass the detention order within the period as provided under .....

Tags : Madras High Court, detention, Tamil Nadu Goods and Services Tax Act



Bombay HC: Married Daughter of Deceased Also Entitled To Compensation Under Railways Act(17.10.2022)

Bombay High Court has observed that a married daughter of a victim of a railway accident would also be entitled to compensation under the Railways Act.....

Tags : Bombay High Court, Railways Act, accident



Kar. HC: Second Award prohibited w.r.t Land Acquired By Notification Issued u/s 3-A & 3-D of NH Act(17.10.2022)

Karnataka High Court while setting aside the second award passed by the competent authority, held that National Highways Act does not provide for issu.....

Tags : Karnataka High Court, National Highways Act, land acquired



Kar. HC: Application For Recording Statement Of Accused Can Only be Made Before Sessions Court(21.10.2022)

Karnataka High Court has said that in light of the statutory framework of Prevention of Money Laundering Act, applications for recording statements of.....

Tags : Karnataka High Court, Prevention of Money Laundering Act, Special, Sessions



J&K&L HC Rejects PIL Seeking Prohibition on Illegal Practice of Slaughtering of Animals(21.02.2022)

Jammu and Kashmir and Ladakh High Court has rejected a Public Interest Litigation (PIL) plea seeking prohibition on the illegal practice of slaughteri.....

Tags : Jammu and Kashmir and Ladakh High Court, Illegal Practice of Slaughtering of Animals



Calcutta HC Takes Suo Moto Cognisance of Alleged Murder of Social Activist Anis Khan in Amta(22.02.2022)

Calcutta High Court has taken suo moto cognisance of the alleged murder of social activist Anis Khan in Amta in Howrah district. The incident led to w.....

Tags : Calcutta High Court, Murder of Social Activist Anis Khan



Delhi HC Issues Notice on Plea Against Exclusion of Madrasas, Vedic Pathsalas from RTE Act(23.02.2022)

Delhi High Court has issued notice on plea filed by BJP leader Ashwini Kumar Upadhyay, challenging the exclusion of Madrasas, Vedic Pathsalas & educat.....

Tags : Delhi High Court, Exclusion of Madrasas, Vedic Pathsalas from RTE Act



Delhi High Court Dismisses Plea for Implementation of Whistle Blowers Protection Act, 2014(24.02.2022)

Delhi High Court has refused to entertain a Public Interest Litigation seeking a direction upon the Parliament to bring into force the Whistle Blowers.....

Tags : Delhi High Court, Whistle Blowers Protection Act, 2014



Orissa HC: Jurisdiction u/s 14 SARFAESI Act Can be Exercised Either by CJM or DM(25.02.2022)

Orissa High Court has held that jurisdiction under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security.....

Tags : Orissa High Court, Jurisdiction u/s 14 SARFAESI Act



SC: Armed Forces Personnel Liable to Face Disciplinary Action for Adultery(01.02.2023)

Supreme Court Constitution Bench has held that striking down of Section 497 of IPC which criminalized adultery will not impact court martial proceedin.....

Tags : Supreme Court, Constitution Bench, Adultery, Armed Forces, Disciplinary Action



Gauhati HC Quashes Poll Code Violation Case Against Assam CM HB Sarma(27.06.2022)

Gauhati High Court while quashing poll code violation case against Assam Chief Minister (CM) has held that it is high time to re-visit the provision e.....

Tags : Gauhati High Court, Poll Code Violation Case, Representation of People Act



Gujarat HC: Child Born from Widow's First Marriage Can Inherit Property from Her Second Husband(27.06.2022)

Gujarat High Court has held that under Section 15 of the Hindu Succession Act, when a widow dies intestate, her heirs including son and daughter out o.....

Tags : Gujarat High Court, Hindu succession Act, Widow



Bombay HC to State: Look into Constitution of State Board & Regulatory Authorities for Surrogacy(28.06.2022)

Bombay High Court has directed the Maharashtra Government to expeditiously look into the constitution of regulatory authorities for surrogacy procedur.....

Tags : Bombay High Court, Surrogacy, Assisted Reproductive Technology Act



Guj. HC: Surrogacy Act Doesn’t Provide for Retention of Child’s Custody for Breastfeeding(28.06.2022)

Gujarat High Court has held that the Surrogacy Regulation Act, 2021 does not envisage any provision that would require the custody of a new-born child.....

Tags : Gujarat High Court, Surrogacy Regulation Act, Custody



CBDT Notifies Special Courts for Trial of Offences Under Income Tax Act 1961(29.06.2022)

Central Board of Direct Taxes (CBDT) has notified Special Courts for Trial of Offences under the Income Tax Act, 1961 in Dehradun.

Tags : Central Board of Direct Taxes, Special Court, Income-Tax Act



ITAT: Multiple Flats on Different Floors Cannot be Treated as Single Residential House(29.06.2022)

Income Tax Appellate Tribunal (ITAT), Cuttack Bench has held that the multiple flats in different floors of the same building cannot be treated as a s.....

Tags : ITAT, Capital Gain Exemption, Income-Tax Act



Chhattisgarh HC: Limitation Act Does Not Apply to Criminal Proceedings Unless Specific Provisions(02.02.2022)

Chhattisgarh High Court has held that the Limitation Act, 1963, does not apply to criminal proceedings unless express and specific provisions to that .....

Tags : Chhattisgarh High Court, Limitation Act



Patna HC Takes Suo Moto Cognizance in Matter Where Sedated Women Forced to Immoral Acts(03.02.2022)

Patna High Court has taken a suo moto cognizance in a matter wherein an inmate of a shelter home alleged that women were forced to submit themselves t.....

Tags : Patna High Court, Sedated Women Forced to Immoral Acts



Delhi HC: Invocation of S. 13 SARFAESI Act Results in General Bar to Civil Court Proceedings(03.02.2022)

Delhi High Court has held that invocation of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Inter.....

Tags : Delhi High Court, Invocation of S. 13 SARFAESI Act



SC: Writ Jurisdiction Can be Applied When Contractual Terms Imposed by State are Arbitrary(09.02.2023)

Supreme Court while invalidating GAIL's Condition imposed on IPCL, has held that if the State in its contractual dealings fails to exercise a degree o.....

Tags : Supreme Court, Writ Jurisdiction, Contractual Terms, Arbitrary



JKL HC: Threat to Public Health is Ground for Detention(13.02.2023)

Jammu and Kashmir and Ladakh High Court has held that merely because detaining Authority among other grounds has also observed that activities of dete.....

Tags : Jammu and Kashmir and Ladakh High Court, Detention, PIT-NDPS Act



Madras High Court Strikes Down Section 32(2) Of Benami Transaction Act as Unconstitutional(05.04.2022)

Madras High Court has declared that Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional and directed the go.....

Tags : Madras High Court, Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988, unconstitutional.



Calcutta HC: Reasons Recorded in 142(1) Notice Not Existing at Issue of Re-Assessment Notice(05.04.2022)

Calcutta High Court has observed that the reasons mentioned in the notice under Section 142(1) and Section 147 of the Income Tax Act, 1961 were not ex.....

Tags : Calcutta High Court, Section 142(1), Section 147 of the Income Tax Act, 1961, re-assessment notice



SC Suggests Meeting Between DCPCR & MWCD to Discuss 2021 Amendment to JJ Act(28.03.2023)

Supreme Court has suggested that meeting be held between Delhi Commission for Protection of Child Rights (DCPCR) and Ministry of Women and Child Devel.....

Tags : Supreme Court, DCPCR, Juvenile Justice Act, Amendment



SC: Service Rendered as Contractual Employee Won't Qualify for Pensionary Benefits(29.03.2023)

Supreme Court while observing that Service rendered as contractual cannot be said to be service rendered on a substantive appointment has held that ne.....

Tags : Supreme Court, Pensionary Benefits, Contractual Employee



SC: Consumer Commission Can’t Decide High Disputed Facts or Case Involving Criminal/Tortious Acts(29.03.2023)

Supreme Court has held that proceedings before Consumer Commission being summary in nature, complaints involving highly disputed questions of facts or.....

Tags : Supreme Court, Consumer Commission, Disputed Facts



NCDRC: One-Sided Clauses in an Agreement Constitutes Unfair Trade Practice(31.03.2023)

National Consumer Disputes Redressal Commission while adjudicating a consumer complaint against flat developers has held that incorporation of one-sid.....

Tags : NCDRC, Flat Developers, Unfair Trade Practice



ITAT, Mumbai: LTCG on Penny Stock Transaction Cannot be Denied Exemption(15.03.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that long term capital gains arising from a penny stock transaction cannot be denied exemption under t.....

Tags : Income Tax Appellate Tribunal, LTCG on Penny Stock Transaction



SEBI Clarifies Regarding Transactions in Mutual Funds Facilitated by Online Platforms(16.03.2022)

Securities and Exchange Board of India has clarified regarding transactions in mutual funds facilitated by online platforms. The Board has said paymen.....

Tags : Securities and Exchange Board of India, Transactions in Mutual Funds



JKL HC: Cause of Action Not Generated Merely by Repeated Representation(07.03.2023)

Jammu and Kashmir and Ladakh High Court has held that Cause of Action can’t be generated merely by making repeated representations to the concerned au.....

Tags : Jammu and Kashmir and Ladakh High Court, Cause of Action, Repeated Representation



Kerala HC: District Court Has Jurisdiction to Execute Arbitral Award(10.03.2023)

Kerala High Court while evaluating the scheme of Commercial Courts Act, 2015 has held that District Court has the jurisdiction to execute an arbitral .....

Tags : Kerala High Court, Commercial Courts Act, Arbitral Award



Gauhati HC to State: Take Action Against Schools Not Reserving 25% Seats for Disadvantaged Groups(13.03.2023)

Gauhati High Court while directing State to implement its policy under Right to Education Act regarding admission benefits to children from weaker sec.....

Tags : Gauhati High Court, Admission, RTE Act, Unaided and Non-Minority Institutions



Madras HC Directs I-T Dept to Attach Bank Accounts of Actor Tadimalla Gautami(24.03.2022)

Madras High Court has directed Income Tax (I-T) department to lift its order attaching six bank accounts of actor Tadimalla Gautami after she pays 25%.....

Tags : Madras High Court, Bank Accounts of Actor Tadimalla Gautami



Karnataka High Court Directs RGUHS to Take Action Against Delinquent Examiners(24.03.2022)

Karnataka High Court has directed the Rajiv Gandhi University of Health Sciences (RGUHS) to take action against delinquent examiners, taking note of i.....

Tags : Karnataka High Court, Action Against Delinquent Examiners



SC: Arbitrator Can Award Pendente Lite Interest if Not Barred Under Contract(20.03.2023)

Supreme Court has held that unless there is a specific bar under the contract, Arbitrator can award pendente lite interest in view of Section 31(7)(a).....

Tags : Supreme Court, Pendente Lite, Arbitrator, Contract



SC: Judgment Allowing Circumstantial Evidence Doesn’t Dilute Need of Proof Beyond Reasonable Doubt(21.03.2023)

Supreme Court has observed that the Constitution Bench judgment that direct evidence of demand or acceptance of bribe is not necessary for a convictio.....

Tags : Supreme Court, Prevention of Corruption Act, Circumstantial Evidence, Reasonable Doubt



AP HC: Satisfaction of Detaining Authority Necessary for Preventive Detention as Per Triple Test(21.03.2023)

Andhra Pradesh High Court although the person in question was accused of serious offenses, if the necessary satisfaction as per the triple test i.e. s.....

Tags : Andhra Pradesh High Court, Detaining Authority, Satisfaction, Preventive Detention, Triple Test



SC to Ministry of Law: Conduct Judicial Impact Assessment of All Tribunals at the Earliest(23.03.2023)

Supreme Court has directed Ministry of Law & Justice to conduct "Judicial Impact Assessment" of tribunals as per its directions in Rojer Mathew v. Sou.....

Tags : Supreme Court, Ministry of Law, Judicial Impact Assessment, Tribunals



CESTAT, Mumbai: Sports Boats Come Within Ambit of Inflatable Craft under Customs and Tariffs Act(02.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that sports boats come within the meaning of inflatable craft subsequent to headi.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Customs Tariff Act, 1975, sports boats



ITAT, Delhi: Amendments to Sections 43B and 36(1)(va) IT Act Can’t Have Retrospective Effect(02.05.2022)

Income Tax Appellate Tribunal, Delhi has ruled that the amendments to sections 43B and 36(1)(va) of the Income Tax Act, 1961 cannot have retrospective.....

Tags : Income Tax Appellate Tribunal, sections 43B, sections 36(1)(va), Income Tax Act, 1961, retrospective effect



Delhi HC: Writ Remedy Cannot be Invoked in Tax Matters(02.05.2022)

Delhi High Court has held that the writ remedy under Article 226 of the Indian Constitution cannot be invoked in tax matters as the Income Tax Act, 19.....

Tags : Delhi High Court, article 226, Indian Constitution, Income Tax Act, 1961



SC: Healthcare Services Covered Under Consumer Protection law(02.05.2022)

Supreme Court has said that doctors and healthcare services are not barred from the ambit of the Consumer Protection Act of 2019 and termed the concer.....

Tags : Supreme Court , healthcare services , Consumer Protection Act of 2019 , Public Interest Litigation



SC: S.16 of Carriage by Road Act Apply only to proceedings in Connection With Damage to Consignment(02.05.2023)

Supreme Court has held that provision of Section 16 of Carriage by Road Act, 2007 doesn’t come into play vis-à-vis condition of giving a notice in res.....

Tags : Supreme Court, Carriage by Road Act, Damage, Consignment



SC Upholds Rejection of S. 8 Application as Reliefs Claimed Fell Outside the Arbitration Clause(03.05.2023)

SC while upholding the rejection of an application filed under Section 8 of Arbitration and Conciliation Act, 1996 observed that the cause of action o.....

Tags : Supreme Court, Arbitration, Section 8 of A&C Act



P&H HC: Notice to Employer Not Mandatory Before Making Reference to Adjudicatory Mechanism(22.04.2022)

Punjab and Haryana High Court has held that the employer cannot claim any hearing before making of the reference by the appropriate government under S.....

Tags : Punjab and Haryana High Court, Working Journalists And Other Newspaper Employees (Conditions of service) And Miscellaneous Provisions Act



SC: No Penalty Under S.271C of IT Act for Mere Delay in Remittance of TDS(11.04.2023)

Supreme Court while observing that words used in Section 271C(1)(a) are ‘fails to deduct’, and the same doesn’t speak about belated remittance of TDS,.....

Tags : Supreme Court, TDS, Remittance, Income Tax Act



SC: ‘De Facto Control’ Test Relevant to Determine if Company is Resident in India(12.04.2023)

Supreme Court while observing that domicile or registration of company are not relevant test to determine if company is resident of India, has held th.....

Tags : Supreme Court, De Facto Control, Resident, Company



Bom. HC: Divorcee or a Single Parent Eligible to Adopt as Per Juvenile Justice Act, 2015(13.04.2023)

Bombay High Court while setting aside order disallowing a woman from adopting her sister’s child on ground that she was single working woman, held tha.....

Tags : Bombay High Court, Single Parent, Juvenile Justice Act, Adopt



Cal HC: Repeal and Amendment Act of 2016 Does Not Remove S. 2A(2) of Industrial Disputes Act(17.04.2023)

Calcutta High Court has held that Repeal and Amendment Act of 2016 does not have the effect of removing section 2A(2) from Industrial Disputes Act, 19.....

Tags : Calcutta High Court, Labour Courts/Tribunals, Jurisdiction, Repeal, Industrial Disputes Act



P&H HC: Undisputed Signatures on Cheque in Itself Not Sufficient for Conviction U/S 138 of NI Act(30.05.2022)

Punjab and Haryana High Court while dealing with an application for grant of leave to appeal, has observed that undisputed signatures of the responden.....

Tags : Punjab and Haryana High Court, Section 138, Negotiable Instruments Act, 1881



ITAT: Currency Derivative Can be Treated As An Eligible Transaction U/S 43(5)(30.05.2022)

Income Tax Appellate Tribunal, Delhi has observed that currency derivatives can be treated as eligible transactions under Section 43(5) of the Income .....

Tags : Income Tax Appellate Tribunal, transactions



P&H HC: Previous Statement of Witness Should be Put to His Notice if it’s Used For Contradicting Him(31.05.2022)

Punjab and Haryana High Court has held that if the witness was not confronted with that part of the statement with which the defense wanted to contrad.....

Tags : Punjab & Haryana High Court, Witness, Statement, Evidence Act



Delhi HC: Sex-Determination Based Abortion Perpetuates Gender Inequalities, Misogyny(25.04.2023)

Delhi High Court while observing that sex-determination based abortion is a powerful method of perpetuating gender inequalities and is directly relate.....

Tags : Delhi High Court, Sex-Determination, Gender Inequalities, PCPNDT Act



SC: Arbitration Agreement in Unstamped Contract Which is Exigible to Stamp Duty Not Enforceable(25.04.2023)

Supreme Court Constitution Bench has held that instrument which is exigible to stamp duty may contain arbitration clause and which is not stamped can’.....

Tags : Supreme Court, Constitution Bench, Arbitration Agreement, Unstamped Contract



NCDRC to Porsche: Pay 10 Lakh Compensation to Customer for Misrepresenting Car’s Manufacturing Year(26.04.2023)

National Consumer Disputes Redressal Commission (NCDRC) while observing that act of Porsche in selling car by misrepresenting manufacturing year mount.....

Tags : NCDRC, Porsche, Manufacturing Year, Unfair Trade Practice



Allahabad HC quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)

Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....

Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction



Allahabad HC Quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)

Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....

Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction



Delhi HC: Order Terminating Arbitral Proceedings Without Issuing Show Cause Notice Is Unsustainable(12.05.2022)

Delhi High Court has ruled that the Arbitral Tribunal's abrupt issuance of orders terminating arbitral proceedings under Section 25 (a) of the Arbitra.....

Tags : Delhi High Court, Arbitration and Conciliation Act, 1996, unsustainable, Section 25 (a)



Patna HC: Order for Interim Compensation Under NI Act Can be Enforced As 'Public Demand'(12.05.2022)

Patna High Court has ruled that an order for payment of interim compensation under the Negotiable Instruments Act, 1881 (NI Act) can be enforced under.....

Tags : Patna High Court, Negotiable Instruments Act, 1881, & Orissa Public Demands Recovery Act, 1914, public demand



J&K&L HC: Allotment Under Evacuees Property Act Doesn’t Confer Title or Interest(16.05.2023)

Jammu and Kashmir and Ladakh High Court while observing that allotment is mere license, which is revocable by concerned authorities, has held that all.....

Tags : Jammu and Kashmir and Ladakh High Court, Evacuees Property Act, Title, Interest



SC: Definition of ‘Consumer’ Includes ‘Consumers’(17.05.2023)

Supreme Court while referring to Brigade Enterprises Ltd. v. Anil Kumar (MANU/SC/1285/2021) has held that upon a conjoint reading of Section 2(1)(b)(i.....

Tags : Supreme Court, Consumers, Consumer Protection Act



Rajasthan HC: Manufacturer Entitled to Receive One Sample of Seized Goods U/S 23(4) of D&C Act(23.05.2022)

Rajasthan High Court has held that as Section 18A of Drugs and Cosmetics Act, 1940 requires disclosure of the name of the manufacturer alongwith the s.....

Tags : Rajasthan High Court, Manufacturer, Drugs and Cosmetics Act



ITAT: Centralized Processing Centre has No Jurisdiction of Adjustment U/S 143(1)(23.05.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the Centralized Processing Centre has no jurisdiction to exercise the power under sec.....

Tags : ITAT, Centralized Processing Centre, Income-Tax Act, Assessee



P&H HC: 7 Days Period to File Reply of Notice Served Through E-Filing Portal is ‘Unreasonably Short’(23.05.2022)

Punjab & Haryana High Court has held that the period of 7 days, granted to file the reply of the Notice issued under Section 148A of the Income Tax Ac.....

Tags : Punjab and Haryana High Court, Section 148-A, Income-Tax Act, Natural Justice



Cal HC: Officers Entitled to Take Action Against Non-Conforming Acts of An Advocate(13.06.2023)

Calcutta High Court while observing that it is not expected that a judge should be a mute spectator, has held that judicial restraint does not disenti.....

Tags : Calcutta High Court, Judicial Restraint, Advocate, Non-Conforming Acts



SC: Coal India Ltd. Come Under the Purview of Competition Act, 2002(16.06.2023)

Supreme Court while observing that Coal Mines (Nationalisation) Act cannot be reconciled with the Competition Act, has held that Coal India Ltd. would.....

Tags : Supreme Court, Coal India, Competition Act



SC: Approver Need Not be Examined as Witness When Cognizance Taken by Special Court Under PC Act(16.06.2023)

Supreme Court has held that question of Approver being examined as a witness by the magistrate does not arise when Special Court chooses to take cogni.....

Tags : Supreme Court, Approver, Witness, Prevention of Corruption Act



Kerala High Court Issues Notice to Centre on Plea Challenging Constitutionality of S.144B of IT Act(06.12.2021)

Kerala High Court has admitted a batch of writ petitions challenging the constitutional validity of the Faceless Assessment Procedure under Section 14.....

Tags : Kerala High Court, Constitutionality of S.144B of IT Act



SC: Contract Can be Concluded Only When All Parties Are in Agreement on All Essential Terms(23.11.2022)

Supreme Court has held that a contract can be said to be concluded only when parties are in agreement on all the essential terms of the contract.

Tags : Supreme Court, Essential Terms, Contract



SC: Legitimate Disciplinary Action Against Student Does Not Amount to Abetment of Suicide(25.11.2022)

Supreme Court has held that a college's professor and management could not be held liable for abetment of suicide under Section 306 of Indian Penal Co.....

Tags : Supreme Court, Disciplinary Action, Abetment of Suicide



SC: State Must Abide by Article 14, Irrespective of Being in the Contractual Realm(07.07.2023)

Supreme Court has held that despite the fact that the issue falls into the contractual realm, the State has an obligation to comply with the requireme.....

Tags : Supreme Court, Contractual Realm, Article 14



Del HC: NHAI can Enter into Contract for Collecting Fee on Behalf of Centre(07.07.2023)

Delhi High Court while observing that NHAI’s contracts with toll collectors are not in violation of the National Highways Act, 1956 and its 2008 rules.....

Tags : Delhi High Court, NHAI, Fee, Contract



Canada Court: Thumbs Up Emoji Amounts to Agreement(10.07.2023)

Canada Court while observing that ‘Thumbs Up’ emoji is an action in electronic form that can be used to express acceptance under Electronic Informatio.....

Tags : Canada Court, Thumbs Up Emoji, Contract, Acceptance



Jharkhand HC Upholds Fine Imposed on State Govt for Providing Late Information Under RTI Act(11.02.2022)

Jharkhand High Court has upheld the fine of INR 60,000 imposed by the State Information Commissioner on the concerned department of the State governme.....

Tags : Jharkhand High Court, Late Information Under RTI Act



AP HC Stays State’s Decision to Prohibit Holding of Public Meetings on Roads(16.01.2023)

Andhra Pradesh High Court has stayed the operation of an order passed by the state government prohibiting the conducting of the public meetings on pub.....

Tags : Andhra Pradesh High Court, Public Meetings, Roads, Police Act



Delhi HC: Chance of More Money Can’t be Sole Criteria for Terminating Contract(17.01.2023)

Delhi High Court while allowing petitions challenging NHAI’s decision to invite fresh bids for collection of user fee at two toll plazas has held that.....

Tags : Delhi High Court, Public Contract, Termination, NHAI



Guj. HC: Time Limit To File Appeal Is 90 Days in Matrimonial Dispute Under Hindu Marriage Act(24.01.2023)

Gujarat High Court has reiterated that the time limit for filing an appeal challenging a judgment or order of Family Court arising out of a matrimonia.....

Tags : Gujarat High Court, Hindu Marriage Act, time limit



SC: Religion is Important Only When Relevant Under Law(30.01.2023)

Supreme Court while hearing PIL for enforcement of Section 12(1)(c) RTE Act has held that religion is important in our country only when its relevant .....

Tags : Supreme Court, RTE Act, Religion, Secular



SC to States: Comply With the Provisions of Rights of Persons With Disabilities Act 2016(18.07.2023)

Supreme Court has directed States to comply with the provisions of the Right of Persons with Disabilities Act 2016 before September 30, 2023, and to a.....

Tags : Supreme Court, Rights of Persons With Disabilities Act, Appointment



Kar. HC: Bank Can Initiate Criminal Action if A/C Declared Fraud, Even After Invoking SARFAESI Act(04.10.2022)

Karnataka High Court has held that Central Bureau of Investigation (CBI) can investigate complaint registered by a bank against company and its direct.....

Tags : Karnataka High Court, SARFAESI, Criminal Action



Delhi HC: Existing Panel of Delhi Govt. Can’t Continue to Function Under Mental Healthcare Act(06.10.2022)

Delhi High Court while rejecting Delhi Government stand that State Authority for Mental Health Services can continue to function as it is under Mental.....

Tags : Delhi High Court, Mental Healthcare Act, Authority



Del. HC Lays Down Factors to be Considered While Dealing With Application for Stay on Eviction Order(10.10.2022)

Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizen.....

Tags : Delhi High Court, Senior Citizen Act, Eviction Order



Ker. HC to Police Chief: Sensitize Police Personnel to Provisions of Mental Healthcare Act(27.06.2023)

Kerala High Court has directed State Police Chief to ensure that all police personnel are sensitized to relevant provisions of Mental Healthcare Act, .....

Tags : Kerala High Court, Mental Healthcare Act, Police, Sensitize



Kar HC to MEA: Make Diplomatic Interaction to Avoid Any Prejudice to Indian Convicted in Saudi Arabia(28.06.2023)

Karnataka High Court has directed Ministry of External Affairs (MEA) to cause diplomatic level interaction so that the Indian Citizen concerned will n.....

Tags : Karnataka High Court, MEA, Diplomatic Interaction



Kar HC: Educational Institutions Must Recognize & Reconsider Malady of Harsh Disciplinary Actions(28.06.2023)

Karnataka High Court while observing that harsh discipline is closely linked to internalizing mental problems of a child and lowering the child’s cogn.....

Tags : Karnataka High Court, Educational Institutions, Harsh Disciplinary Actions



SC to Centre & IITs: Allow Reservation in Faculty, Research Degree Admissions as Per 2019 Act(21.12.2022)

Supreme Court has directed Central government and IITs to follow the reservation policy for admission in research degree programmes and recruitment of.....

Tags : Supreme Court, Reservation, Research Degree, 2019 Act



Bombay HC: Can’t Use Law to Harass People(22.12.2022)

Bombay High Court while quashing FIR lodged against Solapur-based man for spying under Official Secrets Act for clicking photo of police station has o.....

Tags : Bombay High Court, Official Secrets Act, Harass



Chhattisgarh HC: Accommodation U/S 2 of Chhattisgarh Rent Control Act Includes Superstructures(23.12.2022)

Chhattisgarh High Court has held that a superstructure is included in the definition of 'accommodation' given under Section 2(1) of the Chhattisgarh R.....

Tags : Chhattisgarh High Court, Accommodation, Rent Control Act, Superstructures



Gauhati HC: Can’t Award Damages for Additional Work Done Without Consent of Employer(27.12.2022)

Gauhati High Court has held that arbitrator can’t invoke Section 70 of Indian Contract Act to award damages for the additional work carried out withou.....

Tags : Gauhati High Court, Damages, Additional Work, Contract Act



J&K&L HC: Cause of Action in Case of Contract of Insurance Accrues on Date of Repudiation of Claim(02.01.2023)

Jammu and Kashmir and Ladakh High Court has observed that 'cause of action' in an insurance case can also accrue on the date the claim lodged by the i.....

Tags : Jammu and Kashmir and Ladakh High Court, Contract of Insurance, Repudiation



Del. HC to State: Conduct Survey of all Pending Applications for Ration Cards(31.07.2023)

Delhi High Court has directed Delhi Government to conduct a survey of all pending applications for ration cards to see as to whether they would be ent.....

Tags : Delhi High Court, Ration Cards, Survey, Food Security Act



SC: Upto Parliament to Decide Whether to Allow Candidates to Contest from Two Seats(02.02.2023)

Supreme Court while dismissing PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act, 1951 has held that permitt.....

Tags : Supreme Court, Representation of Peoples Act, Parliament



Madras HC: Women Residing in India Temporarily, OCI Cardholders Entitled to Relief Under DV Act(02.02.2023)

Madras High Court has held that persons who were living temporarily in India and foreign citizens who are Overseas Citizenship of India (OCI) cardhold.....

Tags : Madras High Court, Domestic Violence Act, OCI Cardholders



SC: Encroacher Can’t Claim Benefit of Section 51 of Transfer of Property Act(06.02.2023)

Supreme Court while observing that encroacher can’t be termed as transferee to seek benefit of Section 51 of Transfer of Property Act, has held that w.....

Tags : Supreme Court, Encroacher, Transfer of Property Act



Delhi HC Upholds Use of Rule of Contra Proferentem by Arbitrator While Interpreting Contract(06.02.2023)

Delhi High Court has held that if the arbitrator uses a contract executed between the parties to determine a dispute, the clauses of the contract shou.....

Tags : Delhi High Court, Rule of Contra Proferentem, Contract



Del. HC: Supplementary Agreement Executed Under Duress Can’t Preclude Party to Claim Damages(14.08.2023)

Delhi High Court has held that a supplementary agreement executed by a contractor forego of its claims cannot preclude him from claiming damages if th.....

Tags : Delhi High Court, Supplementary Agreement, BOT contracts



SC: Departure from Tender Route for Awarding Govt. Contract Must be Reasonable(04.01.2023)

Supreme Court while observing that State does not have absolute discretion while spending public money has held that government contracts must be ordi.....

Tags : Supreme Court, Tender, Government Contract



Gauhati HC to State: Compensate People Affected by Illegal Bulldozer Action(05.01.2023)

Gauhati High Court in suo moto proceedings has directed Assam government to take appropriate decision for compensating the persons affected by the ill.....

Tags : Gauhati High Court, Suo Moto, Compensation, Bulldozer Action



Bombay HC: Alcohol in Medical Report Proof of Inebriation(05.01.2023)

Bombay High Court while observing that alcohol in medical report proof of inebriation, has held that an accident while boarding a train in such a stat.....

Tags : Bombay High Court, Compensation, Railways Act, Inebriation



SC Quashed Complaint Alleging Offence Under SC/ST Act(09.01.2023)

Supreme Court while quashing a complaint alleging complaint under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, has observ.....

Tags : Supreme Court, SC/ST Act, Private Dispute, Abuse of Law



SC Stays HC’s Interim Order Staying Assam-Meghalaya Border Pact(09.01.2023)

Supreme Court has stayed interim order passed by Meghalaya High Court which had put stay on the execution of Assam-Meghalaya border pact, which was en.....

Tags : Supreme Court, Interim Order, Assam-Meghalaya Border Pact, MoU



Del HC Upholds Provision Allowing Deduction for Payment of Maintenance to Air Force Personnel's Wife(09.01.2023)

Delhi High Court has upheld the constitutional validity of Section 92(i) of Air Force Act, 1950 which allows deduction from pay and allowance of Air F.....

Tags : Delhi High Court, Air Force Act, Maintenance, Deductions



Delhi HC Expresses Concern Over Builders Resorting to Dilatory Tactics, Defrauding Homebuyers(03.11.2022)

Delhi High Court while highlighting issued faced by various homebuyers has stated that it is an unfortunate trend that builders often resort to dilato.....

Tags : Delhi High Court, Homebuyers, Dilatory Tactics



Delhi Court: Possession of Jihadi Literature No Offence Unless Philosophy Executed to Commit Acts(03.11.2022)

Delhi Court has held that mere possession of jihadi literature would not amount to an offence under Unlawful Activities (Prevention) Act unless there .....

Tags : Delhi Court, Jihadi Literature, Terrorist Act



Orissa HC to State: Draw Up 'Comprehensive Action Plan' to Address Issue of Maternal Deaths(04.11.2022)

Orissa High Court while awarding Rs. 10 Lakh compensation to family over woman’s maternal death has directed the State to constitute an Advisory Board.....

Tags : Orissa High Court, Maternal Death, Action Plan



All. HC: Relationship Between Logic and Experience Important in the Context of Invoking Precedents(28.08.2023)

Delhi High Court has directed Delhi Government to provide infrastructure and financial assistance for procuring essential electronic gadgets for condu.....

Tags : Allahabad High Court has observed that to decide a case with similar facts and circumstances, relationship between logic and experience is important in the context of invoking precedents, and they must not be applied mechanically.



SC Overrules Mad. HC Judgment Which Declared Self-Respect Marriages are Not Valid Under HMA(29.08.2023)

Supreme Court while overruling Madras HC judgment (MANU/TN/2068/2014) declaring self-marriage system as per Section 7A inserted in Hindu Marriage Act .....

Tags : Supreme Court, Self-Respect Marriages, Hindu Marriage Act



SC: To Claim Right U/S 14 Hindu Succession Act, Woman Must Have Possession of Property(29.08.2023)

Supreme Court has held that the essential ingredient of Section 14(1) of Hindu Succession Act, 1956 is possession over the property and therefore in o.....

Tags : Supreme Court, Hindu Succession Act, Woman, Possession



SC: S. 52A of Wakf Act Cannot Apply To Tenants Who Took Possession Before Enactment of the Provision(03.05.2023)

Supreme Court has observed that criminal proceedings under Section 52A of the Wakf Act 1995 cannot be maintained against persons who were in possessio.....

Tags : Supreme Court, Wakf Act



SC: No Priority For Workers' Dues After Liquidation of Company Under IBC(03.05.2023)

Supreme Court while holding that workers' dues will not get preferential payment in the event a company undergoes liquidation as per the provisions of.....

Tags : Supreme Court, IBC, Companies Act, 2013



SC Upholds Constitutional Validity of Section 140(5) Companies Act 2013(04.05.2023)

Supreme Court while upholding the constitutional validity of Section 140(5) of the Companies Act, 2013, and observed that application/proceedings unde.....

Tags : Supreme Court, Constitutional Validity, Companies Act



SC Rejects Plea Challenging Section 62(5) Representation of the People Act, 1951(05.05.2023)

Supreme Court has refused to entertain plea challenging Section 62(5) of Representation of the People Act, 1951 that denies prisoner right to vote and.....

Tags : Supreme Court, Representation of the People Act, Right to Vote



SC: Assessee to Pay Service Tax on Service Element; Sales Tax on Goods Transferred in Works Contract(05.05.2023)

Supreme Court has held that assessee has to pay service tax on the service element of the works contract and can claim CENVAT Credit only on the said .....

Tags : Supreme Court, Service Tax, Works Contract, Sales Tax



SC Gives Split Verdict on Jurisdiction of Settlement Commission w.r.t Goods U/S 123 Customs Act(08.05.2023)

Supreme Court division bench comprising Justices Krishna Murari and Sanjay Karol has delivered a split verdict in respect to issue if jurisdiction of .....

Tags : Supreme Court, Customs Act, Settlement Commission



Bombay HC Issues Clarification on its January 2023 Order Regarding Adoption Proceedings(19.06.2023)

Bombay High Court while issuing clarification to its January 2023 Order that granted interim stay on transfer of pending adoption matters from Court t.....

Tags : Bombay High Court, Adoption Proceedings, JJ Act, Clarification



Meg. HC: Party Breaching Contract is Liable to Pay Compensation for Only ‘Actual Loss’(23.06.2023)

Meghalaya High Court has held that notwithstanding any agreement between parties, the party in breach of contract is liable to compensate the other pa.....

Tags : Meghalaya High Court, Breach of Contract, Actual Loss, Compensate



Ker. HC Allows Restoration of PIL Seeking Enactment of Law Against Superstition & Human Sacrifice(26.06.2023)

Kerala High Court has allowed restoration of a PIL seeking direction to be issued to State to consider enactment and implementation of ‘Kerala Prevent.....

Tags : Kerala High Court, Restoration, PIL, Human Sacrifice, Enactment



SC: Can’t Expect Excellence in Institutions When There is Constant Inflow and Outflow of Teachers(14.09.2023)

Supreme Court while expressing concerns at the National Law University, Jodhpur, operating only with contractual teachers, has observed that one canno.....

Tags : Supreme Court, Teachers, Contractual



Bom HC: Strata of Society Relevant While Deciding Cruelty by Wife Making Unsubstantiated Allegations(14.09.2023)

Bombay High Court has held that while considering the conduct of wife making unsubstantiated allegations, in context of ‘cruelty’ as contemplated unde.....

Tags : Bombay High Court, Cruelty, Hindu Marriage Act



Rajasthan HC: Appeals u/s 58 RERA Act to be Filed with Court Fees(13.04.2022)

Rajasthan High Court has held that where there is no specific provision for payment of Court fees on appeals under Section 58 of the Real Estate Regul.....

Tags : Rajasthan High Court, Real Estate Regulatory Authority Act, 2016, Rule 37, Section 58



Bombay HC: Re-Assessment at Behest of Audit Party Invalid(13.04.2022)

Bombay High Court has observed that the re-assessment under section 147 of the Income Tax Act, 1961 is bad in law since the same was at the request of.....

Tags : Bombay High Court, section 147 of the Income Tax Act, 1961, audit party



Karnataka HC Upholds Constitutional Legality of Proviso (v) to S.14(1) SARFAESI Act(14.04.2022)

Karnataka High Court has upheld the Constitutional legality of proviso (v) Section 14(1) of the Securitization and Reconstruction of Financial Assets .....

Tags : Karnataka High Court, Constitutional legality, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002



SC: SARFAESI Doesn’t Give Any License to Bank Officers to Act Against the Scheme of Law(22.09.2023)

Supreme Court while observing that SARFAESI Act was enacted for speedy recovery and for benefitting the public at large, has held that it does not giv.....

Tags : Supreme Court, SARFAESI Act, Bank Officers



SC: Confessional Statement Recorded U/S 67 of NDPS Act Not Admissible(25.09.2023)

Supreme Court has held that officer having powers under Section 53 of NDPS Act is a police officer and therefore confessional statement recorded under.....

Tags : Supreme Court, NDPS Act, Police Officer, Confession



Bom. HC: Epilepsy Not a Ground to Seek Divorce(27.09.2023)

Bombay High Court has held that the condition of “epilepsy” is neither an incurable disease nor can it be considered a mental disorder or a psychopath.....

Tags : Bombay High Court, Epilepsy, Divorce, Hindu Marriage Act



SC: False Declaration Regarding Assets of Candidate, Spouse/Dependents Constitutes Corrupt Practice(15.09.2022)

Supreme Court has held that a false declaration with regard to the assets of a candidate, his/her spouse or dependents, constitutes corrupt practice i.....

Tags : Supreme Court, False Declaration, Corrupt Practice



Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case(16.09.2022)

Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary acti.....

Tags : Delhi High Court, POCSO, Disciplinary Action



Kerala Court: Expelling Members for Marrying Outside Community Violates Article 25(19.09.2022)

Kerala Court has held that endogamy within Knanaya Catholic Community is not essential religious practice and therefore expulsion of Knanaya Catholic .....

Tags : Kerala Court, Endogamy, Essential Religious Practice



Ker. HC: Criminal Practice Rules not in consonance with Technological Advancements of Present Times(04.10.2023)

Kerala High Court has observed that Rule 184 of Criminal Rules of Practice, 1982 ought to be amended and provision should also be made for digitizing .....

Tags : Kerala High Court, Criminal Practice Rules, Technological Advancements



Del. HC: Fresh Air is Lifeline, However Socio-Cultural Activities are Equally Essential(05.10.2023)

Delhi High Court has held that while it needs no reiteration that fresh air, oxygen and healthy environment is the lifeline for survival of individual.....

Tags : Delhi High Court, Socio-Cultural Activities, Air



Cal. HC: Deactivating Aadhaar Cards Might have the Consequence of Terminating Indian Citizenship(05.10.2023)

Calcutta High Court has held that action of deactivating Aadhaar Cards might have consequence, de facto, of terminating Indian citizenship, since deac.....

Tags : Calcutta High Court, Aadhaar Cards, Deactivating



Bom HC: Facilitation Council Has No Jurisdiction to Conduct Arbitration Dispute of Works Contract(23.03.2023)

Bombay High Court while observing that works contract is not amenable to provisions of MSMED Act, and therefore Act could not have been invoked by cla.....

Tags : Bombay High Court, MSMED, Works Contract, Facilitation Council



SC: Unless Contract Allows, Subletting is Impermissible Under Bombay Rent Control Act(24.03.2023)

Supreme Court has held that unless contract itself permits sub-letting, it shall not be lawful, after coming into operation of Bombay Rents, Hotel and.....

Tags : Supreme Court, Sub-letting, Tenant, Bombay Rent Control Act



HP HC: Under National Highway Act, Arbitrator Has to Give Award Within 1 Year(24.03.2023)

Himachal Pradesh High Court while observing that arbitrator under National Highways Act is bound to follow A&C Act, has held that arbitrator is mandat.....

Tags : Himachal Pradesh High Court, Arbitrator, National Highway Act



AP HC: State Commissioner of Food Safety Can’t Impose Ban on Manufacture & Sale of Gutka, Pan Masala(27.03.2023)

Andhra Pradesh High Court has held that State Commissioner of Food Safety is neither authorized nor have any jurisdiction to issue notification, prohi.....

Tags : Andhra Pradesh High Court, State Commissioner, Food Safety and Standard Act, Pan Masala



All. HC: Accused Charged Under Both SC/ST Act and POCSO Entitled to Take Recourse Under POCSO(17.10.2023)

Allahabad High Court has held that where an accused has been charged under the SC/ST Act and the POCSO Act, a Special Court under the POCSO Act, would.....

Tags : Allahabad High Court, Anticipatory Bail, SC/ST Act, POCSO



Del HC: MSMED Act Not Applicable to CA Firms Appointed as Special Auditors(10.07.2023)

Delhi High Court has held that MSMED Act, 2006 is not applicable to a CA firm appointed as ‘Special Auditor’ under Section 142(2A) of the Income Tax A.....

Tags : Delhi High Court, MSMED Act, Special Auditor, Income-Tax



Telangana HC Strikes Down Ennuchs Act as Unconstitutional(10.07.2023)

Telangana High Court while striking down the Telangana Eunuchs Act, 1329 Fasli, as unconstitutional, observed that the statute is an intrusion into pr.....

Tags : Telangana High Court, Ennuchs Act, Unconstitutional



All. HC: Seasonal Employment Can’t be Termed as ‘Unfair Labour Practice’(10.07.2023)

Allahabad High Court while observing that temporary employment also generates employment, is for the good of the society at large, has held that seaso.....

Tags : Allahabad High Court, Unfair Labour Practice, Seasonal Employment



JKL HC: Safeguards Available to Regular Employee Not Available to Contractual Employee(13.07.2023)

Jammu and Kashmir High Court has held that person not working as a regular employee but is engaged on temporary basis on consolidated wages does not h.....

Tags : Jammu and Kashmir High Court, Contractual Employee, Safeguards



Bombay HC: Age of Consent Must be Distinguished from Age of Marriage(14.07.2023)

Bombay High Court has held that age of consent necessarily has to be distinguished from the age of marriage as sexual acts do not happen only in the c.....

Tags : Bombay High Court, Consent, Marriage, Sexual Acts



SC to Centre: Have Any Schemes Been Formulated for Rehabilitation of Manual Scavengers?(14.07.2023)

Bombay High Court has held that age of consent necessarily has to be distinguished from the age of marriage as sexual acts do not happen only in the c.....

Tags : Bombay High Court, Consent, Marriage, Sexual Acts



Del HC Sets Aside Arrest Warrant Issued in a Maintenance Case Against Man with Bipolar Disorder(18.07.2023)

Delhi High Court while observing that Section 105 of Mental Healthcare Act, 2017 is mandatory in nature, has set aside an arrest warrant issued in a m.....

Tags : Delhi High Court, Maintenance, Mental Healthcare Act



SC: IBC Overrides Provisions of Electricity Act, 2003(18.07.2023)

Supreme Court while observing that Section 238 of Insolvency and Bankruptcy Code (IBC) override provisions of the Electricity Act, 2003, has held that.....

Tags : Supreme Court, IBC, Electricity Act, Secured Creditors



SC: Bom. HC’s Observations of NDPS Act in Rhea Chakraborty’s Case Not to be Treated as Precedent(19.07.2023)

Supreme Court has observed that the observations of Bombay High Court regarding interpretations of NDPS Act, in Rhea Chakraborty case will not be trea.....

Tags : Supreme Court, NDPS Act, Rhea Chakraborty



All. HC Stays Judgment that Read Down Regulation 40 (?) of U.P Intermediate Education Act(19.07.2023)

Allahabad High Court has stayed operation of May 2023 single judge judgment that read down Regulation 40(?) of Uttar Pradesh Intermediate Education Ac.....

Tags : Allahabad High Court, Intermediate Education Act, Stayed, Arbitrary



SC: Petition Challenging Advisory Board’s Opinion under COFEPOSA Act is Not Maintainable(21.07.2023)

Supreme Court has held that a special leave petition challenging a report of the Advisory Board/Opinion of the Board under the Conservation of Foreign.....

Tags : Supreme Court, Advisory Board, COFEPOSA Act



JKL HC: Juvenile Justice Board has all the Trappings of a Criminal Court(24.07.2023)

Jammu & Kashmir High Court has held that Juvenile Justice Board has all the trappings of a Criminal Court, and therefore proceedings pending before th.....

Tags : Jammu & Kashmir High Court, Juvenile Justice Board, Passport Act, Criminal Court



SC: Killing of Animals for Food is Permissible Under Law(14.03.2023)

Supreme Court while dismissing a plea seeking to curb the killing of animals for food and to switch over to lab-generated meat, has observed that unde.....

Tags : Supreme Court, Prevention of Cruelty to Animals Act, Meat



Mad. HC: Appointing DCP as Executive Magistrate is violative of Constitution(14.03.2023)

Madras High Court has declared two Government Orders which gave Deputy Commissioners powers of Executive Magistrate while dealing with bonds for keepi.....

Tags : Madras High Court, Deputy Commissioners, District Police Act



SC: Facts Relevant for Grant of Relief Gives Rise of Cause of Action(15.03.2023)

Supreme Court while explaining concept of cause of action under Article 226 of Constitution, has observed that only those facts, which are relevant to.....

Tags : Supreme Court, Cause of Action, Facts



Del. HC: Arbitrator Can Declare Terms of Contract Null Even if Not Sought by Party in Pleadings(15.03.2023)

Delhi High Court while observing that it is within the domain of the Arbitrator to interpret the terms of the contract has held that arbitrator can de.....

Tags : Delhi High Court, Arbitrator, Contract, Pleadings



Del. HC: Arbitration Award Violating Indian Contracts Act is Patently Illegal(15.03.2023)

Delhi High Court while partially set aside an arbitration award that was passed in contravention of Sections 59-61 of Indian Contracts Act (ICA), 1872.....

Tags : Delhi High Court, Contracts Act, Arbitration Award, Violation, Illegal



SC: Dealer Must Prove Transaction Beyond Reasonable Doubt to Claim Input Tax Credit(15.03.2023)

Supreme Court has held that under Section 70 of Karnataka Value Added tax Act, dealer claiming Input Tax Credit on purchase ought to prove and establi.....

Tags : Supreme Court, Input Tax Credit, Karnataka Value Added tax Act



Ker. HC: Time to Stop Entertaining Petitions Relating to Wakf Act(13.02.2023)

Jammu and Kashmir and Ladakh High Court has held that merely because detaining Authority among other grounds has also observed that activities of dete.....

Tags : Kerala High Court, Wakf Act, Alternate Remedy



Ker. HC: Time to Stop Entertaining Petitions Relating to Wakf Act(13.02.2023)

Kerala High Court has observed that although alternate remedy is not an absolute bar for filing of the writ petition, entertaining petition straight a.....

Tags : Kerala High Court, Wakf Act, Alternate Remedy



All. HC: Child in Conflict With Law Can't Seek Anticipatory Bail U/S 438 CrPC(15.02.2023)

Allahabad High Court has held that a child in conflict with law can’t file an application under Section 438 of CrPC seeking anticipatory bail as per t.....

Tags : Allahabad High Court, Juvenile Justice Act, Child in Conflict With Law, Anticipatory Bail



Kar. HC: PIOs’ Not Supposed to Create Information(17.02.2023)

Karnataka High Court has held that under Right to Information Act only such information that is available and existing and held by the public authorit.....

Tags : Karnataka High Court, Right to Information Act, PIO



SC to Centre and States: Fill Vacancies in Information Commissions(31.10.2023)

Supreme Court while directing Central and State Governments to fill the vacancies in the Information Commissions, has observed that failure to do so d.....

Tags : Supreme Court, Information Commissions, RTI Act



Ker. HC: Appeal u/s 5 of Kerala High Court Act Not Maintainable Before Division Bench(01.11.2023)

Kerala High Court has held that an appeal before division bench under Section 5 of the Kerala High Court Act, 1958 is not maintainable against a singl.....

Tags : Kerala High Court, Kerala High Court Act, Appeal, Division Bench



Delhi HC: Mere Consumption of Alcohol Daily Doesn’t Make Person Alcoholic(27.09.2023)

Delhi High Court has observed that merely because a person consumes alcohol daily, doesn’t make him an alcoholic nor does it add up to a bad character.....

Tags : Delhi High Court, Alcohol, Bad Character



SC to Centre/States: Ensure the Effective Implementation of HIV Act, 2017(28.09.2023)

Supreme Court while outlining various directives to Central and State Government to ensure effective implementation of HIV Act, 2017, has asked instru.....

Tags : Supreme Court, HIV Act, Implementation



SC: For Appling S.106 of TPA, Tenant Must Prove That Premises was Leased for Manufacturing Purpose(03.10.2023)

Supreme Court has held that in order to attract Section 106 of Transfer of Property Act, 1882 (TPA), which requires 6 months’ notice for termination o.....

Tags : Supreme Court, Transfer of Property Act, 1882



SC: Members of RPF Can Seek Benefit Under Employees Compensation Act(03.10.2023)

Supreme Court has held that an officer of the Railway Protection Force (RPF) can seek compensation under Employees Compensation Act, 1923 even though .....

Tags : Supreme Court, Railway Protection Force, Employees Compensation Act, 1923



All. HC: UP Prevention of Cow Slaughter Act Doesn't Bar Transportation of Beef(24.11.2023)

Allahabad High Court has held that restriction placed under Section 5A of U.P Cow Slaughter Act is only in respect of transportation of cow, bull or b.....

Tags : Allahabad High Court, Cow Slaughter Act, Beef



Ker. HC: Dependents of Independent Contractor Not Entitled Under Employees Compensation Act(24.11.2023)

Kerala High Court while upholding an order passed by Employees Compensation Commissioner against the dependents of an independent contractor, has held.....

Tags : Kerala High Court, Independent Contractor, Employees Compensation



CESTAT: Classification only on the basis of Nomenclature under Customs Tariff Act is Baseless(29.06.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad bench has held that classification of Products only on the basis of Nomenclatur.....

Tags : CESTAT, Customs Tariff Act, Nomenclature



ITAT: 3rd Party Statement alone not Incriminating Material for justifying Addition in Assessment(30.06.2022)

Income Tax Appellate Tribunal (ITAT), Jaipur bench has held that third party statement alone, not incriminating material for justifying addition made .....

Tags : ITAT, Incriminating Material, Income-Tax Act



Bombay HC: No Absolute Right Under RTE Act for Admission to Unaided Minority Schools(01.07.2022)

Bombay High Court has held that a student doesn't have a right to admission to a private un-aided minority school under the Right of Children to Free .....

Tags : Bombay High Court, RTE Act, Private Un-Aided Minority School



Guj. HC: Municipalities Empowered to Retire Employees at Age of 55 Yrs by Giving 3 Months' Notice(01.07.2022)

Gujarat High Court has upheld the power of municipalities under the Gujarat Municipalities Act to retire a municipal servant at any time on or after h.....

Tags : Gujarat High Court, Gujarat Municipalities Act, Retire



P&H HC Grants Bail to Former Punjab CM Charanjit Singh Channi's Nephew(04.07.2022)

Punjab and Haryana High Court has granted the bail plea moved by Punjab Chief Minister Charanjit Singh Channi's nephew Bhupinder Singh in connection w.....

Tags : Punjab and Haryana High Court, Bail, Prevention of Money Laundering Act



CESTAT: Extended Limitation Claimed by Department is Not Valid in Absence of Suppression of Fact(04.07.2022)

Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has held that extended limitation claimed by the department is not valid in.....

Tags : CESTAT, Absence, Suppression of Fact



US Supreme Court Rules Against Affirmative Actions in College Admission Process(30.06.2023)

United States Supreme Court has struck down affirmative action policies in student admissions programs at Harvard University and the University of Nor.....

Tags : United States Supreme Court, Affirmative Actions, Admission



Kar. HC Dismisses Twitter’s Plea Challenging Blocking Order Issued by MeiTY(30.06.2023)

Karnataka High Court has dismissed the plea filed by Twitter challenging the blocking orders issued by the Ministry of Electronics and Information Tec.....

Tags : Karnataka High Court, Twitter, Blocking Order, Information Technology Act



HP HC Orders Action Against Officials Who Failed to Prevent Illegal Dumping of Muck in Forest Areas(06.07.2023)

Himachal Pradesh High Court has ordered disciplinary action against government officials for their failure to prevent the illegal dumping of muck in f.....

Tags : Himachal Pradesh High Court, Illegal Dumping, Forest, Disciplinary Action, Officials



All. HC in Gyanvapi-Kashi Title Dispute Case: Civil Suits Not Barred by Places of Worship Act(19.12.2023)

Allahabad High Court has ruled in Kashi Vishwanath-Gyanvapi land title dispute cases that civil suits filed by Hindu worshippers are not barred by the.....

Tags : Allahabad High Court, Gyanvapi-Kashi Title Dispute, Places of Worship Act



SC: FSS Act Will Prevail Over Food Adulteration Act to the Extent They're Inconsistent(20.12.2023)

Supreme Court has held that in case where an offence is punishable under both Food Safety and Standards (FSS) Act, 2006 and Prevention of Food Adulter.....

Tags : Supreme Court, Food Adulteration Act, Food Safety and Standards Act



Kerala HC: ‘Customer’ in a Brothel Can Be Prosecuted Under Immoral Traffic (Prevention) Act(09.12.2022)

Kerala High Court has held that a 'customer' in a brothel can be prosecuted under Section 7 of the Immoral Traffic (Prevention) Act, 1956 if the condi.....

Tags : Kerala High Court, Brothel, Customer, Immoral Traffic (Prevention) Act



SC: ST Women Not Entitled to Any 'Right of Survivorship' Under Hindu Succession Act(12.12.2022)

Supreme Court while observing that a female member of the scheduled tribe (ST) is not entitled to any right of survivorship under the provisions of Hi.....

Tags : Supreme Court, Scheduled Tribe Women, Hindu Succession Act



Kerala HC Strikes Down 10A of Divorce Act, 1869(12.12.2022)

Kerala High Court has held that fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 for filing divorce.....

Tags : Kerala High Court, Divorce Act, Mutual Consent



Bombay HC: Application of Hudson's Formula for Computation of Loss is Not Unreasonable(12.12.2022)

Bombay High Court has held that Hudson's formula is widely accepted in construction contracts for computing losses and therefore the application of th.....

Tags : Bombay High Court, Hudson's Formula, Construction Contracts



SC: Direct Evidence of Bribe Demand Not Necessary for Conviction Under POCA(15.12.2022)

Supreme Court Constitution Bench has held that direct evidence of demand of bribe is not necessary to convict a public servant under the Prevention of.....

Tags : Supreme Court, Constitution Bench, Prevention of Corruption Act, Bribe Demand



SC: Offence of Organised Crime is Constituted by at Least One Instance of Continuation(16.12.2022)

Supreme Court has held that offence of organised crime under Gujarat Control of Terrorism and Organised Crime Act, 2015 is constituted by at least one.....

Tags : Supreme Court, Organised Crime, Gujarat, Unlawful Activity



J&K&L HC: Repeated Sexual Activity With Child Not Possible Without Any Injury in Genital Area(11.07.2022)

Jammu and Kashmir and Ladakh High Court while setting aside the conviction order of the trial court passed against a rape accused, has held that repea.....

Tags : Jammu and Kashmir and Ladakh High Court, Sexual Activity, Injury, Genital Area



SC to Union Government: Introduce Separate Act to Streamline Grant of Bail(11.07.2022)

Supreme Court has recommended the Union Government to introduce a special enactment in the nature of a Bail Act to streamline the grant of bail.

Tags : Supreme Court, Bail, Separate Act



AP HC: SC/ST Act Not Attracted if Offence Not Done With Intention That Victim is of Particular Caste(12.07.2022)

Andhra Pradesh High Court has held that when the offence is not done with an intention that the victim belongs to a particular case, then the provisio.....

Tags : Andhra Pradesh High Court, Intention, SC/ST Act



ITAT: Deduction of Compensation for Breach of Contract Can’t be Allowed Based Only on Bank Statement(13.07.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that deduction of compensation paid for breach of contract cannot be allowed based on bank s.....

Tags : ITAT, Contract, Bank Statement



Bombay HC: Mandatory Pre-Deposit U/S 129E of the Customs Act Is Constitutional(14.07.2022)

Bombay High Court has held that the fiscal legislation can very well stipulate as a requirement of law a mandatory pre-deposit as a condition preceden.....

Tags : Bombay High Court, Customs Act, Mandatory Pre-Deposit, Constitutional



SC: Section 436A CrPC Applicable to Special Acts in Absence of Any Specific Provision(14.07.2022)

Supreme Court has held that Section 436A of the Code of Criminal Procedure (CrPC) would apply to the Special Acts also in the absence of any specific .....

Tags : Supreme Court, Section 436A, Special Acts



All. HC: Person Firing Pistol for Self Defence Does Not Violate Arms License Conditions(09.01.2024)

Allahabad High Court has held that firing a pistol in self-defense is not a violation of the license condition and does not appear to be an offence un.....

Tags : Allahabad High Court, Self-Defense, License Conditions, Arms Act



Del HC: Interim Maintenance Can’t be Denied Based on Unproven Allegations of Illicit Relationship(10.01.2024)

Delhi High Court held that a wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005 merely on the basis of all.....

Tags : Delhi High Court, Interim Maintenance, Illicit Relationship, Domestic Violence Act



Ch. HC: Appeal Against Acquittal Order u/s 138 of NI Act Lies to HC u/s 378(4) of CrPC(10.01.2024)

Chhattisgarh High Court has held that an appeal against orders of acquittal under Section 138 of the Negotiable Instruments Act, 1881 shall lie to the.....

Tags : Chhattisgarh High Court, Appeal, Acquittal, Negotiable Instruments Act, CrPC



Ker HC: Accused not Entitled to Bail u/s 37 NDPS Act if Trial Doesn’t Start Within a Specific Period(11.01.2024)

Kerala High Court has held that S.37 of NDPS Act doesn’t lay down any stipulation that accused in entitled to be released on bail if trial doesn’t com.....

Tags : Kerala High Court, Bail, Trial, NDPS Act



Bom HC: Inaction in Deciding Appeals for Suspensions Violate the Right to Carry Out Trade Practices(12.01.2024)

Bombay High Court has held that in the circumstances where there is inaction on the part of authorities to decide appeals, the non-passing of an appro.....

Tags : Bombay High Court, Suspensions, Trade Practices



Bom. HC: Assessee Cannot be Permitted to Raise Defect in Notice After 30 Years(15.01.2024)

Bombay HC has held that even assuming that there was a defect in the notice, the assessee cannot be permitted to raise the same after 30 years as it h.....

Tags : Bombay High Court, Income-tax Act, Defect



Madras HC: Watching Child Pornography Does Not Attract Offence Under POCSO or IT Act(15.01.2024)

Mad. HC held that merely watching child pornography doesn’t attract offences under POCSO and IT Act. To constitute offence under POCSO Act, child must.....

Tags : Madras High Court, Child Pornography, POCSO, IT Act



Rajasthan HC: No Appeal Lies Against Issuance of Arms License(10.08.2022)

Rajasthan High Court has held that there is no provision where appeal can be entertained under Section 18 of the Arms Act against an order of issuance.....

Tags : Rajasthan High Court, Arms Act, Appeal



ITAT: Forex Transaction to Hedge Foreign Currency Risk is Not Speculative(10.08.2022)

Income Tax Appellate Tribunal (ITAT), Chandigarh Bench while allowing deduction, has held that the Forex transaction to hedge foreign currency risk is.....

Tags : ITAT, Forex Transaction, Hedge Foreign Currency



ITAT: Domestic Transaction from a Related Party is Not a Specified Domestic Transaction(10.08.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that a domestic transaction from a related party is not a specified domestic transaction u.....

Tags : ITAT, Income-Tax, domestic Transaction



Karnataka HC Abolishes Anti-Corruption Bureau and Transfers Cases to Lok Ayukta(12.08.2022)

Karnataka High Court has held that State government is not justified in creating Anti-Corruption Bureau by way of an executive order when the field of.....

Tags : Karnataka High Court, Anti-Corruption Bureau, Lokayukta Act



Delhi HC Upholds DRDO Decision to Bar Entities With Pending Criminal Cases from Defence Contracts(12.08.2022)

Delhi High Court has held that DRDO’s policy decision requiring the bidders for defence contracts to submit an undertaking that there is no ongoing en.....

Tags : Delhi High Court, DRDO, Defence Contracts, National Importance



SC Dismisses Plea Challenging Provision Allowing Use of EVMs(16.08.2022)

Supreme Court has refused to entertain a plea challenging the constitutional validity of Section 61A of the Representation of the People Act which per.....

Tags : Supreme Court, EVM, Representation of the People Act



Madhya Pradesh HC: Delegation of Work Shall not Lead to Arbitrary Reduction of Contract Wages(22.01.2024)

Madhya Pradesh High Court has held that contract wages of employees cannot be reduced arbitrarily and illegally in case of delegation of work.

Tags : Madhya Pradesh High Court, Contract Wages, Arbitrary Reduction



Supreme Court: Acquittal under PC Act Cannot be Based Only on the Ground of Invalid Sanction(24.01.2024)

Supreme Court has held that acquittal of an accused under the Prevention of Corruption Act (PC Act) cannot be based on the sole ground of invalid sanc.....

Tags : Supreme Court, Invalid Sanction, Acquittal, Prevention of Corruption Act



Ker. HC: Demand of Bribe to be Established by Prosecution in Case of Obtainment & Not in Acceptance(24.01.2024)

Kerala HC while explaining the provisions of Sec. 7 of Prevention of Corruption (Amendment) Act, 1918 has observed that in the case of acceptance of b.....

Tags : Kerala HC, Section 7 of PC Act, Demand of bribe



SC: Property Tax for ‘Business Building’ Not Applicable on Advocate’s Office Run From Residence(29.01.2024)

SC has held that advocate's office run from residential building is not subject to property tax under Delhi Municipal Corporation Act, 1957 as a "bus.....

Tags : Supreme Court, Property Tax, Advocate’s Office, Delhi Municipal Corporation Act



Ori HC: No Bar Against Anticipatory Bail in cases under SC/ST Act if No Prima Facie Offence Made Out(29.01.2024)

Orissa High Court has held that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Trib.....

Tags : Orissa High Court, Anticipatory Bail, SC/ST Act, Prima Facie Offence



Raj HC: Lok Adalat Doesn’t Have Jurisdiction to Adjudicate Disputes of Mobile Tower Installation(29.01.2024)

Rajasthan High Court has held that Permanent Lok Adalat has no jurisdiction to adjudicate matters related to Installation of Mobile Towers as the same.....

Tags : Rajasthan High Court, Permanent Lok Adalat, Mobile Tower Installation, Section 22A(b) of Legal Services Authorities Act



Ker. HC: Grounds for Bail Prescribed by Apex Court in Susantha Ghosh Case Not Exhaustive(15.03.2023)

Kerala High Court while observing that grounds for bail prescribed by Supreme Court in Susanta Ghosh v. State of West Bengal (MANU/SC/0094/2012) are n.....

Tags : Kerala High Court, Bail, Susantha Ghosh Case, Factors



SC: Can’t Presume Will to be Genuine Merely Because It’s More Than 30 Years Old(16.03.2023)

Supreme Court while observing that wills can’t be proved only on basis of their age, has held that presumption under Section 90 as to the regularity o.....

Tags : Supreme Court, Wills, Evidence Act, Presumption



JKL HC: No Absolute Bar to Invoke Writ Jurisdiction in Contractual Matters With State(16.03.2023)

Jammu and Kashmir and Ladakh High Court has observed that there has been paradigm shift in approach of the Courts in exercise of its Writ Jurisdiction.....

Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Contractual matter



SC: Doctor Can't Be Punished Under Drugs & Cosmetics Act for Storing Small Quantities of Medicines(17.03.2023)

Supreme Court has held that a doctor's act of storing small quantities of medicines will not amount to an offence of unauthorized stocking of medicine.....

Tags : Delhi Supreme Court, Drugs and Cosmetics Act



Election Commission Recognizes Ajit Pawar Faction As The Official Nationalist Congress Party(07.02.2024)

Election Commission of India while recognizing the Ajit Pawar faction as the official Nationalist Congress Party has held that Ajit Pawar faction will.....

Tags : Election Commission of India, Ajit Pawar Faction, Nationalist Congress Party



Supreme Court: Delay in Return of The ‘Duty Drawback’ Entitles Claimant to Interest(07.02.2024)

Supreme Court has observed that if there is any delay in refund of the 'duty drawback' to the claimant under the Customs Act, 1962 , then the claimant.....

Tags : Supreme Court, Duty Drawback, Customs Act, 1962



All. HC: First Wife Can File Appln U/S 11 of HMA to Declare Husband's 2nd Marriage as Null and Void(01.08.2023)

Allahabad High Court has held that first wife is entitled to file a case under sections 11 & 17 of the Hindu Marriage Act (HMA), 1955, for declaring h.....

Tags : Allahabad High Court, Hindu Marriage Act, Second Marriage



Cal. HC: Vigilant Monitoring Required to Prevent Illegal Manufacture of Packaged Drinking Water(02.08.2023)

Calcutta High Court while observing that vigilant monitoring over all packaged drinking water manufacturers is required to prevent illegal manufacturi.....

Tags : Calcutta High Court, Packaged Drinking Water, Illegal Manufacturing



All. HC: Can’t Refuse Anticipatory Bail Merely Over Non-Payment of Money Under a Contract(03.08.2023)

Allahabad High Court while observing that it is becoming a general practice to set criminal law into motion for putting pressure on parties to commerc.....

Tags : Allahabad High Court, Anticipatory Bail, Non-Payment, Commercial Transaction



Cal. HC: Argument of Implied Repeal of Section 272/273 IPC via FSS Act is Not Justified(03.08.2023)

Calcutta High Court has held that though a separate, specific, distinct procedure has been laid down in FSS Act 2006 to initiate/launch a proceeding a.....

Tags : Calcutta High Court, FSS Act, Food Laws, Police



SC: Not Mandatory to File Accident Claim Before MACT of Area Where Accident Occurred(04.08.2023)

Supreme Court while observing that it is not mandatory to file motor accident claims before MACT having jurisdiction over area where accident occurred.....

Tags : Supreme Court, MACT, Motor Accident Claims



P&H HC: RFCTLARR Act Applicable if Compensation Deposited Before Dec 31 2014 Not Paid to Majority(17.04.2023)

Punjab and Haryana High Court has observed that provisions of RFCTLARR Act, 2013 would apply to cases of land acquisition under National Highways Act .....

Tags : Punjab and Haryana High Court, RFCTLARR Act, 2013, Compensation, Majority



SC: Penalty U/S 45 of Guj. Sales Tax Act, 1969 is Statutory And Mandatory(19.04.2023)

Supreme Court while observing that penalty under Section 45 of Gujarat Sales Tax Act, 1969 is statutory and mandatory in nature, has held that no disc.....

Tags : Supreme Court, Gujarat Sales Tax Act, Statutory, Mandatory



SC: Government Employees Can’t Claim Overtime Allowance Under Factories Act(20.04.2023)

Supreme Court has held that government employees cannot claim double overtime allowance as per the Factories Act, if the service rules do not provide .....

Tags : Supreme Court, Overtime Allowance, Factories Act



Patna HC: Bihar IIPP Encourages Manufacturing Industries But Doesn’t Bar Other Industries(21.04.2023)

Patna High Court has observed that Bihar Industrial Investment Promotion Policy of 2016 mentions of encouraging the manufacturing industries, however .....

Tags : Patna High Court, Bihar Industrial Investment Promotion Policy, Manufacturing Industries



MP HC: Mother has First Claim Over the Compensation for Deceased Bachelor Son(21.04.2023)

Madhya Pradesh High Court has held that since deceased was a bachelor, by virtue of Section 8 of the Hindu Succession Act, except mother, no other Cla.....

Tags : Madhya Pradesh High Court, Mother, Motor Vehicles Act, Compensation



Bom. HC: New Amendment to IT Rules 2022 Prima Facie Lacks Necessary Safeguards(24.04.2023)

Bombay High Court while considering petition challenging IT (Amendment) Rules, 2023 allowing Government’s fact checking unit to identify “fake news” a.....

Tags : Bombay High Court, IT Rules, Fake News, Fact Checking, Safeguards



Delhi HC: Appl. Against Order Rejecting Waiver of Interest Would Fall Under Direct Tax (VSV) Act(01.09.2022)

Delhi High Court has held that an application under the Companies Act against the order rejecting the application for waiver of interest would fall wi.....

Tags : Delhi High Court, Vivad Se Vishwas Act, Waiver of Interest



Delhi HC: Refusal of Defendant to Settle Dispute Satisfies Requirement of Pre-Litigation Mediation(01.09.2022)

Delhi High Court has held that when the plaintiff makes an offer to the defendant to amicably settle the dispute and the defendant refuses the offer t.....

Tags : Delhi High Court, Pre-Litigation Mediation, Commercial Courts Act



Kar. HC: Magistrate's Permission Mandatory for Police Investigation U/S 127A of RP Act(02.09.2022)

Karnataka High Court has said that offence under Section 127-A of the Representation of People Act (Restrictions on the printing of pamphlets, posters.....

Tags : Karnataka High Court, Representation of People Act, Magistrate



Bombay HC: Secured Creditors Shall Take Priority Over Government Dues Under SARFAESI Act(05.09.2022)

Bombay High Court has held that the rights of secured creditors to realise secured debts shall have priority over government dues, including revenues,.....

Tags : Bombay High Court, SARFAESI Act, Secured Creditors



All. HC: Returning Unpaid Check With Endorsement of Account Closed Amounts to Dishnonor of Cheque(27.02.2024)

Allahabad High Court has held that if an unpaid cheque has been returned by bank with the endorsement Account Closed then it shall be equivalent to Di.....

Tags : Allahabad High Court, Section 138 of NI Act, Dishonor of Cheque, Account Closed



Supreme Court: Entering Into Sale Agreement With Minor is Void and Unenforceable(27.02.2024)

Supreme Court has held that per the Contract Act, 1872 it is clearly stated that for an agreement to become a contract, the parties must be competent .....

Tags : Supreme Court, Contract Act, 1872, Sale Agreement, Minor



Ker. HC: Fiction Created as Per Section 7E of KLR Act is to Deem a Purchaser as a Tenant(24.07.2023)

Kerala High Court has held that as per Section 7E of Kerala Land Reforms (KLR) Act, 1963, the fiction created is to deem a purchaser as a tenant and t.....

Tags : Kerala High Court, Tenant, Kerala Land Reforms Act, Land



Delhi HC: PayPal Obliged to Comply with Reporting Entity Obligations as Provided Under PMLA(25.07.2023)

Delhi High Court has held that payment platform PayPal is liable to be viewed as a “payment system operator” and thus, obliged to comply with reportin.....

Tags : Delhi High Court, PayPal, Prevention of Money Laundering Act, 2002, PMLA



Kerala HC: 'Criminal Breach of Trust' & 'Misappropriation' Must to Prove Offence U/S 13(1)(c) PC Act(25.07.2023)

Kerala HC while upholding the conviction of Lower Division Clerk under the Prevention of Corruption Act, 1988 has observed that ingredients of crimina.....

Tags : Kerala HC, Prevention of Corruption Act, 1988



Delhi HC: Proceedings under SARFAESI Act Remain Unaffected by Orders Passed Under SEBI Act 1992(25.07.2023)

Delhi HC has observed that the proceedings under SARFAESI Act, 2002 will remain unaffected by the orders passed under SEBI Act, 1992 as provisions of .....

Tags : Delhi HC, SARFAESI Act, 2002, SEBI Act, 1992



JKL HC: S.482 CrPC Cannot be Invoked to Challenge Proceedings Initiated U/S 12 J&K DV Act(25.07.2023)

Jammu & Kashmir & Ladakh HC has held that Section 482 of Code of Criminal Procedure (CrPC) cannot be used to challenge the proceedings initiated under.....

Tags : Jammu & Kashmir & Ladakh HC, Code of Criminal Procedure, Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010



Kar. HC: Minimum Sentence U/S 135 of Electricity Act Can’t be Less Than 3 Times the Financial Gain(14.08.2023)

Karnataka High Court has observed that minimum sentence under Section 135 of the Electricity Act, 2003 for the first conviction cannot be less than th.....

Tags : Karnataka High Court, Minimum Sentence, Electricity Act



JKL HC: Failure of Employer to Assign Work Would be Deemed Retrenchment(16.08.2023)

Jammu and Kashmir and Ladakh High Court has held that in case the employer fails to issue termination order against the employee, the subsequent failu.....

Tags : Jammu and Kashmir and Ladakh High Court, Retrenchment, Industrial Disputes Act



All. HC: Railway Claim Tribunal has Power to Condone Delay U/S 5 of Limitation Act(18.08.2023)

Allahabad High Court has held that if sufficient cause is made out, Railway Claim Tribunal has power to condone the delay under section 5 of the Limit.....

Tags : Allahabad High Court, Limitation Act, Railway Claim Tribunal



SC Lays Down Requirements for a Successful Plea of Non Est Factum(21.08.2023)

Supreme Court while laying down requirements for successful plea of ‘Non Est Factum’, observed that such a plea can be taken by an executor/signatory .....

Tags : Supreme Court, Non Est Factum, Deed, Mistake



SC: Can’t Set Aside Arbitral Award on Mere Possibility of Alternate Interpretation of Contract(21.08.2023)

Supreme Court while observing that the jurisdiction u/s 34 of A&C Act is exercised only to see if the Tribunal’s view is perverse or manifestly arbitr.....

Tags : Supreme Court, Arbitral Award, Contract



SC: Customs Act Doesn’t Create Statutory First Charge on Customs Dues(22.08.2023)

Supreme Court has held that Customs Act, 1962 does not create a statutory first charge on the customs dues, overriding the charge created in favour of.....

Tags : Supreme Court, Customs, Companies Act



JKL HC: Jugglery, Manipulation has No Place in Equitable and Prerogative Jurisdiction(05.04.2023)

Jammu and Kashmir and Ladakh High Court while upholding single judge order imposing 1 Lakh penalty on petitioner for suppressing facts and misleading .....

Tags : Jammu and Kashmir and Ladakh High Court, Manipulation, Suppressing Facts



Del. HC: Peeping Inside Washroom When Woman is Inside, Attracts Offence of Voyeurism(07.04.2023)

Delhi High Court has observed that peeping inside washroom while woman is inside, which essentially is a private act, amounts to invasion of her priva.....

Tags : Delhi High Court, Voyeurism, Privacy, Private Act



Cal. HC: Facilitation Council Can Arbitrate Claims After Supplier’s Registration Under MSMED Act(10.04.2023)

Calcutta High Court has held that Facilitation Council would have exclusive jurisdiction to decide on reference, and to refer the same for arbitration.....

Tags : Calcutta High Court, MSMED Act, Facilitation Council



Jh. HC: Deliberate Departure from Terms of Contract May Amount to Malafide Action by Arbitrator(10.04.2023)

Jharkhand High Court has observed that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on.....

Tags : Jharkhand High Court, Departure, Terms of Contract, Arbitrator



Citizenship Amendment Act Implemented After 5 Years of its Parliamentary Approval(11.03.2024)

Centre has implemented the Citizenship Amendment Act (CAA), five years after it was passed in Parliament.

Tags : Citizenship Amendment Act, CAA



Bombay High Court’s Third Judge Opines in 2023 IT Rules Amendment Case(12.03.2024)

The third Judge in the 2023 IT Rules Amendment Case while refusing to stay Central government notification for forming Fact Check Units has opined tha.....

Tags : Bombay High Court, IT Rules Amendment Case, Fact Check Unit



Delhi HC: Action Must be Taken When Criticism is Based on Distorted Facts to Lower Court's Dignity(22.07.2022)

Delhi High Court while observing that Judiciary is not immune from criticism, has held that such criticism cannot be based on distorted facts or gross.....

Tags : Delhi High Court, Court’s Dignity, Distorted Facts



Delhi HC: Explanation to Section 14A of Income Tax Act Will Not Apply Retrospectively(25.07.2022)

Delhi High Court has held that the Explanation to Section 14A of the Income Tax Act, 1961, added vide the Finance Act, 2022, cannot be presumed to be .....

Tags : Delhi High Court, Income-Tax Act, Retrospective



Delhi Court Denies Interim Bail to Sharjeel Imam in Sedition Case(25.07.2022)

Delhi Court has denied interim bail to Sharjeel Imam in FIR relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and.....

Tags : Delhi Court, Citizenship Amendment Act, Inflammatory Speeches



Kerala High Court: Discretion of Appellate Court to Waive/Deposit of Minimum 20% Fine(29.03.2024)

Kerala High Court has held that under Section 148 of the Negotiable Instruments Act, it is at the discretion of the Appellate Court to either order a .....

Tags : Kerala High Court, Section 148 of NI Act, Appellate Court, Fine



Gauhati High Court: Notify the Child Protection Policy and the rules under the Juvenile Justice Act(01.04.2024)

Gauhati High Court has asked the State Government to notify the rules under the Juvenile Justice (Care and Protection) Act, 2015, and the Child Protec.....

Tags : Gauhati High Court, State Government, Child Protection Policy, Juvenile Justice Act



Cheque Offered Only for Security, Supreme Court Sets Aside Conviction Under Section 138 of NI Act(03.04.2024)

Supreme Court set has aside a conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) on the ground of finding of the civil proc.....

Tags : Supreme Court, Section 138 of NI Act, Civil Proceedings, Security



SC: Can’t Include Time Spent in Contesting Bonafide Litigation at Wrong Forum, While Computing Limi.(04.04.2024)

SC has held that Section 14 of Limitation Act, 1963 makes it clear that an applicant who has prosecuted another civil proceeding with due diligence, b.....

Tags : Supreme Court, Section 14 of Limitation Act, Bonafide Litigation, Limitation



Del. HC: IT Addition Eligible for Deduction u/s 80-IC of IT Act if Made Towards Unsub. Share Capital(04.04.2024)

Delhi High Court has held that Income Tax Addition are eligible for deduction under Section 80-IC of the Income Tax Act, 1961 if they are made towards.....

Tags : Delhi High Court, Section 80-IC of IT Act, Income Tax Addition, Unsubstantiated Share Capital



Del. HC: Initiation of S. 153C Assessment Proc. Falling Beyond Max. 10 Years Block Period, Quashed(05.04.2024)

Delhi High Court quashed the initiation of assessment proceedings under Section 153C of the Income Tax Act, 1961 which was falling beyond the ten-year.....

Tags : Delhi High Court, Assessment Proceedings, Section 153C of IT Act, Block Period



SC: Commercial Transactions Not Within the Purview of Consumer Protection Act, 1986(08.04.2024)

Supreme Court has held that commercial disputes cannot be decided in summary proceedings under the Consumer Protection Act, 1986 but the appropriate r.....

Tags : Supreme Court, Consumer Protection Act, 1986, Commercial Disputes



Delhi High Court: Political Parties Can be Covered Under the Ambit of PMLA(10.04.2024)

Delhi High Court after analyzing Section 70 of the Prevention of Money Laundering Act, 2002(PMLA) and Section 2(f) and 29A of the Representation of Pe.....

Tags : Delhi High Court, Section 70 PMLA, Section 2(f) of RP Act, Section 29A of RP Act



Raj. HC: Coercive Action Stayed Against Magistrate Who Allegedly Asked Rape Victim to Strip(10.04.2024)

Rajasthan High Court has stayed coercive action against a Judicial Magistrate who has been accused of asking a rape victim to strip and show her injur.....

Tags : Rajasthan High Court, Judicial Magistrate, Rape Victim, Coercive Actions



Kerala HC: POCSO Act Prevails Over SC/ST Act(27.10.2022)

Kerala High Court has held that Protection of Children from Sexual Offences Act, 2012 (POCSO) prevails over SC/ST (Prevention of Atrocities) Act, 1989.....

Tags : Kerala High Court, POCSO, SC/ST Act



All. HC: Interest Can’t be Awarded by Labour Court In Proc. for Money Recovery from Empl. u/s 33C(2)(23.04.2024)

Allahabad High Court has held that in a proceeding under Section 33C(2) of Industrial Disputes Act, 1947, law does not empower a Labour Court to grant.....

Tags : Allahabad High Court, Labour Court, Section 33C(2) of ID Act



Supreme Court Expresses Disappointment Over Inadequate Implementation of RPwD Act, 2016(23.04.2024)

SC while expressing its disappointment at dismal state of enforcement of Rights of Persons with Disabilities Act, 2016, has directed Department of Dis.....

Tags : Supreme Court, RPwD Act, 2016, Dismal



Del. HC: Only Persons Holding BAMS/BUMS Degree Have Right to Obtain Ayur. Medical Pract. License(24.04.2024)

Delhi High Court has observed that only the persons who hold a degree of Bachelor of Ayurvedic Medicine and Surgery or Bachelor of Unani Medicine and .....

Tags : Delhi High Court, BAMS, BUMS, Medical Practitioner



Kar. HC: Can’t Consider Party’s Declaration, Promise of Policies as Corrupt Practise under RP Act(27.04.2024)

Kar. HC has observed that declaration by a party regarding implementation of policy whether it is sound or not cannot be considered as a corrupt pract.....

Tags : Karnataka High Court, Corrupt Practise, Section 123 of RP Act



Chh. HC: Can’t Build Matrimonial Home With Bricks & Stones, Love & Respect Between Spouses Required(27.04.2024)

Chhattisgarh High Court while dismissing the wife’s plea of divorce under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955, has obse.....

Tags : Chhattisgarh High Court, Section 13 of HM Act, Matrimonial Home



All. HC: Can’t Declare Transaction Benami on Contractor’s Statement Without Relevant Material(29.04.2024)

Allahabad High Court has held that construction cannot be declared as benami under the Prohibition of Benami Property Transactions Act, 1988 merely on.....

Tags : Allahabad High Court, Benami, Contractor’s Statement



Del. HC: Proper Officer Empowered to Grant Upto 3 Adjournments if Sufficient Cause Shown(30.04.2024)

Del. HC has held that Section 75(5) of the Goods and Service Tax Act, 2017 empowers the proper officer to grant upto three adjournments if sufficient .....

Tags : Delhi High Court, Section 75(5) of GST Act, Sufficient Cause



SC: Appropriate Rites and Ceremonies Need to be Performed to Make a Hindu Marriage Valid(01.05.2024)

SC has observed that where a Hindu marriage is not performed according to applicable rites/ceremonies such as saptapadi when included, the marriage wi.....

Tags : Supreme Court, Hindu Marriage, Hindu Marriage Act, 1955, Saptapadi



CESTAT: No Provision in Cenvat Credit Rules to Allow Cash Refund of Cess in Cenvat Credit Balance(06.05.2024)

Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that there is no provision in the Cenvat Credit Rules, 2004 or in .....

Tags : CESTAT, Cenvat Credit Rules, Central Excise Act, Cenvat credit



SC: Time Limit u/s 14(3) of JJ Act to Ascertain Physical & Mental Health of Juvenile is Directory(08.05.2024)

SC has held that time limit to prescribe physical and mental health of juvenile so provided in Section 14(3) of the Juvenile Justice Act, 2015 cannot .....

Tags : Supreme Court, Section 14(3) of JJ Act, Juvenile



All. HC: Accused Charged Under Both SC/ST Act and POCSO Entitled to Take Recourse Under POCSO(17.10.2023)

Allahabad High Court has held that where an accused has been charged under the SC/ST Act and the POCSO Act, a Special Court under the POCSO Act, would.....

Tags : Allahabad High Court, Anticipatory Bail, SC/ST Act, POCSO



Cal. HC: Equating Consensual Sexual Acts with Rape Undermines the Bodily Integrity of Adolescents(19.10.2023)

Calcutta High Court while observing that law’s unintended effect has been the deprivation of liberty of young people in consensual relationships, has .....

Tags : Calcutta High Court, Consensual Sexual Acts, Bodily Integrity



All. HC: Merely Liking a Message Will Not Attract Penalty U/S 67 of IT Act(20.10.2023)

Allahabad High Court while observing that Section 67 Information Technology (IT) Act, 2000 is for obscene material and not for other provocative mater.....

Tags : Allahabad High Court, Information Technology Act, Obscene Material



All. HC: Assessee Must Prove Transaction Beyond Doubt to Claim ITC(20.10.2023)

Allahabad High Court has held that onus is to be discharged by the assessee to prove and establish beyond doubt the actual transaction and physical mo.....

Tags : Allahabad High Court, Input Tax Credit, Transaction



Ker. HC: MSMED Act Superseded All Recovery Proceedings by Virtue of Non-Obstante Clause u/s 24(23.10.2023)

Kerala High Court has held that MSMED Act being a subsequent legislation against the SARFAESI Act, the Parliament has purposefully and knowingly super.....

Tags : Kerala High Court, MSMED Act, SARFAESI



Tel. HC: S.22A of Registration Act Doesn’t Violate Article 300A of Constitution(23.10.2023)

Telangana High Court has held that the action of non-registration of a document under Section 22A of Registration Act, 1908 does not prevent a person .....

Tags : Telangana High Court, Registration Act, Article 300A



All. HC: S. 106 IEA Not Attracted Unless Initial Burden of Establishing Guilt of Accused Discharged(30.05.2023)

Allahabad High Court has observed that Section 106 of the Indian Evidence Act (IEA) cannot be attracted in a case unless prosecution prima facie disch.....

Tags : Allahabad High Court, Section 106 of the Indian Evidence Act



Delhi HC to BCI: Foreign Nationals Also Entitled To Seek Enrolment(31.05.2023)

Delhi High Court while observing that foreign nationals are not per se barred from being considered for enrolment on a State roll under Section 24 of .....

Tags : Delhi High Court, Foreign Nationals, Bar Council of India, Enrolment, Section 24 of the Advocates Act



Ker. HC: Unexplained Delay in Issuing Detention Order is Ground for Quashing(02.06.2023)

Kerala High Court has held that as per the Kerala Anti-Social Activities (Prevention) Act, 2007, a detention order issued against a person can be quas.....

Tags : Kerala High Court, Kerala Anti-Social Activities (Prevention) Act, 2007



Del. HC: Arbitration Clause in Contract Perishes if the Contract is Novated(07.06.2023)

Delhi High Court has held that if the novated contract does not contain any arbitration clause, the arbitration clause in the original contract would .....

Tags : Delhi High Court, Arbitration Clause, Novation, Contract



Del. HC: Haj Pilgrimage is a Religious Practice(08.06.2023)

Delhi High Court while observing that Haj pilgrimage and the ceremonies involved therein falls within the ambit of religious practice, held that the s.....

Tags : Delhi High Court, Haj Pilgrimage, Religious Practice



Cal. HC: Acquiring Property in Name of Wife is Not Benami Transaction(09.06.2023)

Calcutta High Court has held that if a husband supplies the consideration money for acquiring property in the name of his wife, such fact does not nec.....

Tags : Calcutta High Court, Benami Transaction, Wife



Gujarat HC: Revisional Power Can't be Invoked With Unclean Hands(23.08.2022)

Gujarat High Court has upheld the decision of Sessions Court rejecting the complaint under the SC/ST (Prevention of Atrocities) Act on the ground that.....

Tags : Gujarat High Court, SC/ST Act, Electricity Theft



Guj. HC: Licensing Authority Can’t Discriminate Among Co-Accused Persons in Renewal of Arms Licenses(25.08.2022)

Gujarat High Court has held that a licensing authority under the Arms Act cannot discriminate between two co-accused persons by renewing the license o.....

Tags : Gujarat High Court, Licensing Authority, Arms Act



AAR: Go-karts' Are Not Roadworthy, Can't be Registered as Motor Vehicles With RTO(25.08.2022)

Karnataka Authority of Advance Ruling (AAR) has held that Go-karts can’t be registered as motor vehicles with RTO and therefore not classifiable as "m.....

Tags : Authority of Advance Ruling, Go-Karts, Customs Tariff Act



SC: Insolvency And Bankruptcy Code Will Prevail Over The Customs Act(26.08.2022)

Supreme Court had held that the Insolvency and Bankruptcy Code (IBC) will prevail over the Customs Act and that the customs authority can only determi.....

Tags : Supreme Court, IBC, Customs Act



Court of Chief Commission for PwD to Practo: Make App And Website Fully Accessible for Disabled(29.08.2022)

Court of Chief Commissioner for Persons with Disabilities on Wednesday directed Practo, an online healthcare service provider, to make its website and.....

Tags : Court of Chief Commissioner for Persons with Disabilities, Practo



Guj. HC: Infraction of Law Not Done in Systematic Manner, Not Sufficient for Preventive Detention(29.08.2022)

Gujarat High Court has held that commission of infraction of law, not done in an organized or systematic manner, may not be sufficient for the detaini.....

Tags : Gujarat High Court, Preventive Detention, Infraction of Law



All. HC: Extension of Limitation Under A&C Act Can’t be Sought if Party Aware of Contents of Award(27.05.2024)

Allahabad High Court has held that if a party seeking extension of limitation by application of Section 31(5) of the Arbitration and Conciliation Act,.....

Tags : Allahabad High Court, S. 31(5) of A&C Act, Limitation Period



Ker. HC: Baseless Apprehensions That Lawyer Will Act Illegally Should Not be Made by Courts(28.05.2024)

Ker. HC has observed that Court is not expected to form an apprehension without any foundation that lawyer may do illegal acts during course of his pr.....

Tags : Kerala High Court, Baseless Apprehensions, Right to Practice



Delhi High Court: Question of Property Title Can’t be Decided by Forums Under Senior Citizens Act(29.05.2024)

Del. HC has held that a reading of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes it clear that the forum under the Act do.....

Tags : Delhi High Court, Senior Citizens Act, Title of Property



Centre Starts Granting Citizenship Under CAA in West Bengal, Haryana and Uttarakhand(30.05.2024)

Central Government has started granting citizenship under the Citizenship (Amendment) Act, 2019 (CAA) in West Bengal, Haryana and Uttarakhand. Ministr.....

Tags : Central Government, Citizenship (Amendment) Act, 2019, West Bengal, Haryana, Uttarakhand



All. HC: Causing ‘Annoyance to Others’ A Prerequisite to Invoke Section 294 of IPC(31.05.2024)

Allahabad High Court has observed that in order to invoke Section 294 of the Indian Penal Code, 1860, mere performance of an obscene act is not suffic.....

Tags : Allahabad High Court, S. 294 of IPC, Obscene Act



Ker HC: Onus to Bring Statement Within Ambit of Sec. 32(1) of IEA is on Party Who Wishes to Avail it(31.05.2024)

Ker HC has observed that provisions of Section 32(1) of Indian Evidence Act, 1872 are in nature of an exception and onus of establishing the circumsta.....

Tags : Kerala High Court, Indian Evidence Act, Exceptions



Delhi HC: Patents Act will override the Competition Act(14.07.2023)

Delhi High Court has held that Patents Act, 1970 must prevail over the Competition Act, 2022 on the issue of exercise of rights by a patentee under th.....

Tags : Delhi High Court, Competition Act, Patent Act



SC: Liberty Will Override Embargo U/S 37 of NDPS Act, in Case of Prolonged Incarceration(17.07.2023)

Supreme Court while observing that prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 2.....

Tags : Supreme Court, NDPS Act, Liberty, Embargo



AP HC: Non-Disclosure of Criminal Cases by Contesting Person Amounts to Corrupt Practice under RPA(17.07.2023)

Andhra Pradesh High Court while observing that purity of the election process will only be ensured if the voter knows his candidate fully, has held th.....

Tags : Andhra Pradesh High Court, Election, Corrupt Practice



Constitutional Validity of S. 71(3A) of IT Act Upheld by Delhi High Court(03.06.2024)

Delhi High Court has upheld the constitutional validity of Section 71(3A) of the Income Tax Act, 1961 which was added by Section 31 of the Finance Act.....

Tags : Delhi High Court, Constitutional Validity, Income Tax Act, 1961



Kar. HC: Cannot Make Construction of Memorial for Film Actor Subject Matter of PIL(05.06.2024)

Karnataka High Court has observed that construction of memorial of a film star cannot become subject matter of public interest litigation (PIL). It is.....

Tags : Karnataka High Court, Public Interest Litigation, Film Actor



Ker. HC: Maternity Benefit Act Not Applicable to Private Educational Institutions Before 06.03.2020(07.06.2024)

Kerala HC after noting that a gazette notification was issued by the State Government making the Maternity Benefit Act, 1961 applicable to private edu.....

Tags : Kerala High Court, Maternity Benefit Act, Private Educational Institutions



SC: Under NDPS Act, ‘Ganja Seeds’ are Not a Banned Contraband(28.04.2023)

Supreme Court while granting bail to a man accused of supplying ganja seeds for cultivation, has observed that as per NDPS Act, Ganja seed is not a ba.....

Tags : Supreme Court, NDPS Act, Ganja Seeds, Banned, Contraband



SC: Action Under Section 31 of SRA to Cancel Instrument is Not ‘In Rem’(01.05.2023)

Supreme Court has held that actions taken under Section 31 of Specific Relief Act (SRA), 1963 for cancellation of an instrument are not an action in r.....

Tags : Supreme Court, Specific Relief Act, Instrument, In Rem



Ghazipur MP/MLA Court Convicts BSP MP Afzal Ansari in a Gangster Act Case(01.05.2023)

Ghazipur MP/MLA Court has convicted BSP MP Afzal Ansari to 4 years in prison along with Rs. 1 Lakh fine, in a Gangster Act Case. He now stands disqual.....

Tags : Ghazipur MP/MLA Court, Afzal Ansari, Gangster Act



Karnataka HC: Scope of Judicial Review in Contractual Matters is Extremely Limited(19.06.2024)

Kar. HC has observed that scope of judicial review in contractual matters is extremely limited and it is in rare category of cases that writ of mandam.....

Tags : Karnataka High Court, Judicial Review, Contractual Matters



Kerala HC: Can’t Condone Delay in Approaching Revision Authority Under Income Tax Act(19.06.2024)

Kerala High Court while upholding the order of Single Bench, has held that delay in approaching revision authority under the Income-Tax Act, 1961 cann.....

Tags : Kerala High Court, Revision Authority, Income-Tax Act



NHRC Issues Notice to Centre Over Anti-Labour Practices at a Warehouse of a Multi-National Company(20.06.2024)

National Human Rights Commission (NHRC) has issued a notice to Centre over anti-labour practices at one of the ware-houses of a multi-national company.....

Tags : NHRC, Anti-Labour Practices, Multi-National Company



All. HC: Amendment to S. 169(3) of UPZALR Act Struck Down to the Extent of Mandatory Regis. of Wills(13.05.2024)

All. HC has struck down the 2004 amendment of Section 169(3) of U.P. Zamindari Abolition & Land Reforms Act, 1950 to the extent that it mandates regis.....

Tags : Allahabad High Court, S. 169(3) of UPZALR Act, Registration of Will



Kar. HC: For Disqua. Under Gram Swaraj & Panchayat Act, Subsisting Contract With Panchayat Necessary(13.05.2024)

Karnataka High Court has held that in order to disqualify a Panchayat member under Section 12 (h) of the Karnataka Gram Swaraj and Panchayat Raj Act, .....

Tags : Karnataka High Court, Subsisting Contract, Disqualification, Panchayat



SC: Cannot Make Advocates Liable for Deficiency of Service Under Consumer Protection Act, 1986(14.05.2024)

SC has held that advocates cannot be made liable for deficiency of service under the Consumer Protection Act, 1986 as re-enacted in 2019 and observed .....

Tags : Supreme Court, Deficiency of Service, Consumer Protection Act, 1986



SC: Reconsideration Required of the Judgement That Brought Doctors Under Consumer Protection Act(15.05.2024)

Supreme Court while deciding whether advocates can be held liable under the Consumer Protection Act, 1986, has observed that the judgement that brough.....

Tags : Supreme Court, Consumer Protection Act, Reconsideration, Doctors



AP HC: App. u/s 11(6) Can Only be Maintained if Parties Fail to Refer Dispute to Arbi. Even After Not(15.05.2024)

AP HC has held that, for maintaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 it is required to be shown that .....

Tags : Andhra Pradesh High Court, S. 11(6) of A&C Act, Arbitrator



Cal. HC: Can’t Say Retracted Statement to be Involuntary Without Being Examined by Court(17.05.2024)

Calcutta High Court has held that if the court is of the view that the statement recorded was not admissible on account of the retraction, that by its.....

Tags : Calcutta High Court, Retraction, Involuntary



SC: Conviction under SC/ST Act Can’t Sustain if Offence u/s 3(1)(xi) Not Committed on Caste Basis(30.01.2024)

Supreme Court has held that the conviction for the offence punishable under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention .....

Tags : Supreme Court, Section 3(1)(xi) of SC/ST Act, Outraging Woman's Modesty



SC: Certifed Copy of Specimen Sign Can Be Procured From Bank if Sign on Cheque Disputed by Accused(30.01.2024)

Supreme Court has held that in a complaint under Section 138 of Negotiable Instruments Act, 1881 if accused is disputing the signature on cheque, then.....

Tags : Supreme Court, Specimen Sign, Sign on Cheque, Section 138 of NI Act



Mad. HC: Magistrate Court Competent to Take Cognizance of Offence under MMDR Act(31.01.2024)

Madras High Court has observed that the Magistrate Court is competent to initiate confiscation proceedings and issue directions for disposal of seized.....

Tags : Madras High Court, Competent Court, Cognizance of Offence, MMDR Act



All. HC: Interfaith Marriage Not Valid Without Compliance of Sections 8 and 9 of UP PUCR Act 2021(02.02.2024)

Allahabad High Court has held that sanctity could not be attached to an interfaith/inter-religious marriage which has been performed without the compl.....

Tags : Allahabad High Court, Interfaith Marriage, UP PUCR Act



Law Commission Releases Report – Revisiting the Law on Prevention of Damage to Public Property(05.02.2024)

The 22nd Law Commission has released a suo-motu Report titled "Revisiting the Law on Prevention of Damage to Public Property” that recommends amendmen.....

Tags : Law Commission, Public Property, Prevention of Damage, Prevention of Damage to Public Property Act



Bom HC: Merely Touching Penis to Private Part of Child Doesn’t Constitute Penetrative Sexual Assault(05.02.2024)

Bombay High Court while reducing the sentence of the convicts held that the mere touching of the child’s vagina with accused’s penis would not constit.....

Tags : Bombay High Court, Penetrative Sexual Assault, Sections 4 & 6 of POCSO Act



Bombay High Court: Centre Should Consider Not Notifying Fact Check Unit Until Third Judge's Decision(07.02.2024)

Bombay High Court has prompted the Central Government to continue its statement against notifying its proposed Fact Check Unit until the challenge to .....

Tags : Bombay High Court, Fact Check Unit, IT Rules



Supreme Court Elaborates the Difference Between ‘Land’ and ‘Immovable Property’(08.02.2024)

Supreme Court has stated that if provisions of the Punjab Pre-Emption Act, 1913 are read it is abundantly clear that the land and the immovable proper.....

Tags : Supreme Court, Punjab Pre-Emption Act, 1913, Immovable Property



Cal. HC: Bill Generated For Exporting Goods Expired Due to Accident, 200% Penalty Quashed(08.02.2024)

Calcutta HC while quashing 200% penalty has observed that unless department establishes that transporter or owner of goods had an intention to violate.....

Tags : Calcutta High Court, Section 129 of WBGST Act, 200% Penalty



All. HC: Permission Granted to Woman to Adopt Child Despite Having 4 Biological Children(14.02.2024)

Allahabad High Court has allowed a woman who has four biological children to adopt a child, despite a legal bar under Adoption Regulations 2022 that h.....

Tags : Allahabad High Court, Adoption, Section 68(c) of JJ Act



All. HC: Can’t Challenge Orders u/s 482 CrPC if Appeal Lies Under Section 14A of the SC/ST Act, 1989(14.02.2024)

Allahabad High Court has held that in cases where an appeal against an order would lie under Section 14A of SC/ST (Prevention of Atrocities) Act, 1989.....

Tags : Allahabad High Court, S. 14 SC/ST Act, S. 482 CrPC



SC: Insurance Co. Not Liable if Claimant Was Travelling In Un-Insured Trailer(31.08.2023)

Supreme Court has held that liability cannot be fastened on the Insurance Company when the claimant was travelling in the trailer which was not insure.....

Tags : Supreme Court, Insurance Company, Tractor, Liability



Kar. HC: Executive Guidelines Can’t Impose Restriction if Works of Defence Act, 1903 is in Operation(01.09.2023)

Karnataka High Court has held that Executive Guidelines cannot be relied upon by the Union Government to impose restriction as long as the Works of De.....

Tags : Karnataka High Court, Works of Defence Act, Executive Guidelines



Ker HC: Eagerness to Maintain Secrecy Relevant for Considering Reasonable Grounds U/S 37 of NDPS Act(04.09.2023)

Kerala High Court has held that eagerness to maintain secrecy is relevant for considering 'reasonable grounds' as provided under section 37 of NDPS Ac.....

Tags : Kerala High Court, NDPS Act, Secrecy



Mad. HC: Order Allowing Extension of Remand is Appealable u/s 21 of NIA Act(05.09.2023)

Madras High Court while observing that order allowing prosecution’s application seeking extension of remand of accused is not an interlocutory order b.....

Tags : Madras High Court, Remand, Extension, NIA Act



Kar. HC: Under DV Act, Question of Awarding Maintenance Till Marriage of Daughters Doesn’t Arise(05.09.2023)

Karnataka High Court has held that under the provisions of Domestic Violence Act, question of awarding maintenance till marriage of the daughters does.....

Tags : Karnataka High Court, Domestic Violence Act, Maintenance, Daughters



Guj. HC: Forcing Children Aged Below 3 Yrs to Attend Pre-School is an Illegal Act on Part of Parents(05.09.2023)

Gujarat High Court has held that forcing children to go to a pre-school below the age of 3 years is an 'illegal act' on the part of the parents.

Tags : Gujarat High Court, Children, Pre School, Illegal Act



Ori HC: Domestic Incident Report not a Pre-Requisite to Grant Interim Maintenance to Aggrieved Woman(17.01.2024)

Orissa High Court has held that it is not mandatory to have Domestic Incident Report' (DIR) from the 'Protection Officer' in order to grant relief of .....

Tags : Orissa High Court, DV Act, Maintenance



Ker. HC: Dishonest Intention Essence of Criminal Misconduct Under Prevention of Corruption Act(22.01.2024)

Kerala High Court has held that dishonest intention is sine qua non to attract the offence punishable under Section 13(1)(d) of the PC Act. Mere condu.....

Tags : Kerala High Court, Dishonest Intention, Criminal Misconduct, Section 13(1)(d) PC Act



Del. HC: Findings of Cruelty Against Wife Cannot be a Base To Deny Maintenance To her Under DV Act(22.01.2024)

Delhi High Court while deciding the revision petition filed by the wife has held that findings of cruelty against a wife in the divorce proceedings by.....

Tags : Delhi High Court, Domestic Violence Act, 2005, Maintenance, Divorce Proceedings



Delhi High Court: In Employment, Disputes Relating to Lock-In Periods are Arbitrable(15.07.2024)

Delhi High Court has held that disputes relating to lock-in periods applying while employment contract is subsisting are arbitrable under the Arbitrat.....

Tags : Delhi High Court, A&C Act, Employment Contract



Del. HC: Loans and Advances by NOIDA are Not Commercial Activities, Hence Eligible for Exemption(15.07.2024)

Delhi High Court has held that loans and advances extended by the New Okhla Industrial Development Authority (NOIDA) do not come within the ambit of c.....

Tags : Delhi High Court, NOIDA, Commercial Activity



Supreme Court: There Should be Proactive Participation of Trial Court in Trials(16.07.2024)

SC has observed that the Trial Court is under an obligation not to act as a mere spectator and should proactively participate in the trial proceedings.....

Tags : Supreme Court, Trial Court, Proactive Participation



MP HC Issues Guidelines on S.14 Appln Filed by Secured Creditors under SARFAESI Act(27.11.2023)

Madhya Pradesh High Court while observing that inaction of DM/ADM/ CJMs has resulted in secured creditors rushing to High Court, leading to opening of.....

Tags : Madhya Pradesh High Court, SARFAESI Act, Secured Creditors, Section 14, Guidelines



P&H HC: Widow’s Remarriage Not a Ground to Deny Compensation Under MV Act(27.11.2023)

Punjab and Haryana High Court has held that simply because widow of the deceased got re-married, it could not be a reason to deprive of her claim unde.....

Tags : Punjab and Haryana High Court, Compensation, Widow, Motor Vehicle Act



All. HC: S.388 Allows Appeal Against Order of Inferior Court to District Judge(01.12.2023)

Allahabad High Court has held that proviso to Section 388(2) of the Succession Act creates an exception by providing that an appeal from any order of .....

Tags : Allahabad High Court, Appeal, District Judge, Succession Act



Bombay HC: Court Cannot Undertake Independent Assessment of Arbitral Award U/S 37 of A&C Act(04.12.2023)

Bombay HC has held that under Section 37 of Arbitration & Conciliation Act, the challenge must be related to the impugned order passed under Section 3.....

Tags : Bombay HC, Arbitration & Conciliation Act, Section 37, Section 34



Allahabad High Court: Gangsters Act Not Being Invoked With Due Procedure(29.07.2024)

All. HC while emphasizing on prohibition of harassment & oppression of innocent individuals, has observed that in many cases it is found that competen.....

Tags : Allahabad High Court, Gangsters Act, Competent Authorities



Bom HC: No Appeal Under Commercial Court Act Against Court Order Refusing to Return/Reject a Plaint(20.12.2023)

Bombay High Court has held that the Trial Court’s order refusing to return or reject a plaint is not appealable under the Commercial Courts Act, 2015,.....

Tags : Bombay High Court, Commercial Courts Act, Appeal



Del. HC: Insolvency Professional Doesn’t Fall within Meaning of “Public Servant” under the PC Act(20.12.2023)

Delhi High Court has held that Insolvency Professional does not fall within the meaning of “public servant” as prescribed in any of the clauses of sub.....

Tags : Delhi High Court, Insolvency Professional, Prevention of Corruption Act, Public Servant



Del. HC: Court is Seeing Increasing Abuse/Misuse of the RTI Act(20.12.2023)

Delhi High Court has observed that Right to Information Act was enacted to provide secure access to information to every citizen, to prevent corruptio.....

Tags : Delhi High Court, Right to Information Act, Misuse



Bom. HC: Appeal u/s 14A of SC/ST Act not Allowed When Case is Under Both SC/ST Act and POCSO(21.12.2023)

Bombay High Court has held that in a case involving offenses under both, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 198.....

Tags : Bombay High Court, SC/ST Act, POCSO, Appeal



Ker. HC: S.5 of Limitation Act Not Applicable to Condone Delay in Filing Plea u/s 34 of A&C Act(22.12.2023)

Kerala High Court has held that Section 5 of the Limitation Act has no application to condone delay in filing a petition for setting aside an arbitral.....

Tags : Kerala High Court, Limitation Act, Condone, Delay, Arbitration



Del. HC: SFIO Not Barred from Investigating Offence Under IPC(26.12.2023)

Delhi High Court has held that a conjoint reading of Sections 4(1) & 154 of CrPC and Sections 212 & 219 of Companies Act, 2013, it cannot be said that.....

Tags : Delhi High Court, Serious Fraud Investigation Office, CrPC, Companies Act



HP HC: Petition Not Decided Within Pre. Period Doesn’t Foreclose Landlord’s Right to Seek Compens.(03.06.2024)

Himachal Pradesh High Court has held that if a landlord’s petition under Section 3G(5) of the National Highways Act, 1956 is not decided within the pr.....

Tags : Himachal Pradesh High Court, Enhanced Compensation, National Highways Act



P&H HC: Construction of Public Library is a Part of Charitable Function(06.08.2024)

Punjab and Haryana High Court has held that the construction of Public Library would form part of charitable function and any work done with the same .....

Tags : P&H High Court, S. 80 of IT Act, Public Library



Mad. HC: Can’t Grant Police Protection to Person Inviting Threat Due to His Criminal Activities(06.08.2024)

Madras High Court has held that Police protection can be given by Court only in appropriate case based on threat perception. If a person invites a sit.....

Tags : Madras High Court, Police Protection, Criminal Activities



Del. HC: No Mechanism to Assess or Collect Tax on Sponsorships in Entertainment Tax Act(08.08.2024)

Delhi High Court has observed that imposition of a tax on sponsorship under the Delhi Entertainments and Betting Tax Act, 1996 must fail in the absenc.....

Tags : Delhi High Court, Sponsorships, Entertainment Tax Act



SC: Attempting to Overtake Vehicle Can’t be Said to be an Act of Rashness(09.08.2024)

Supreme Court while deciding an appeal for claim of compensation for accident, under the Motor Vehicles Act, 1988, has observed that merely because a .....

Tags : Supreme Court, MV Act, Overtake, Negligence



Bombay HC: Constitutional Validity of Regulation Setting Out Qualification to Obtain CoP, Upheld(09.08.2024)

Bom. HC has upheld constitutional validity of Regulation 10 of Institute of Actuaries of India Regulations, 2017 that sets out the qualification requi.....

Tags : Bombay High Court, Constitutional Validity, Certificate of Practice



SC: In Complaint u/s 29 of ID Act Specific Averment Regarding Settlement to be Made(31.07.2024)

Supreme Court has held that in the complaint alleging commission of offence punishable under section 29 of ID Act, 1947, there has to be a specific av.....

Tags : Supreme Court, S. 29 ID Act, Specific Averment



SC: Challenge to Surrogacy Age Limit Can’t be Decided Without Considering Facts of Each Case(31.07.2024)

Supreme Court while hearing pleas regarding challenge to provisions of Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022, ha.....

Tags : Supreme Court, Age Limit, Surrogacy (Regulation) Act



Mad. HC: If Parties are in Agreement, Formal Contract Signature by Other Party Not Necessary(31.07.2024)

Madras High Court has held that if it is proved that parties are in agreement, a formal contract signature by other party is not necessary in order to.....

Tags : Madras High Court, Arbitration Agreement, Contract Signature



Cal. HC: Engagement on ‘Sensitive Posts’ on Contractual Basis Creates Difficulty(01.08.2024)

Calcutta High Court has held that the posts of ‘Stenographer’, ‘Bench Clerk’ are very sensitive post for functioning of District Judiciary. Engagement.....

Tags : Calcutta High Court, District Judiciary, Contractual Basis, Stenographer



Madras HC: Benefit of RTE Act to Extend from Kindergarten to 8th Standard, Irrespective of Age(02.08.2024)

Mad. HC has held that extent of school's responsibility for free and compulsory education, coming under Chapter IV, implies that the benefit of the RT.....

Tags : Madras High Court, RTE Act, Kindergarten



MP HC: Police Officers Have to Follow Direction of Joining Music Band Practice(02.08.2024)

Madhya Pradesh High Court while hearing a matter where police constables were suspended for refusing to join Police Department's music band, has asked.....

Tags : MP High Court, Music Band Practice, Police Officers



SC: Settlement Between Union & Employer Wouldn’t Override Model Standing Orders(26.07.2023)

Supreme Court has held that employer and employee union cannot enter into a contract overriding the statutory contract embodied in the certified Stand.....

Tags : Supreme Court, Employee Union. Contract, Model Standing Orders



Ker HC: Can’t Seize Vehicle on Mere Apprehension that it may be used for Smuggling(26.07.2023)

Kerala High Court has observed that under Section 115 of Customs Act, 1962, a vehicle can be seized by customs if it was actually used or is being use.....

Tags : Kerala High Court, Customs Act, Smuggling, Vehicle



SC: Cheque Dishonour Cases Can Only be Compounded With Consent of Complainant(26.08.2024)

Supreme Court has held that Court can compound cheque dishonor cases under Section 147 of the Negotiable Instruments Act, 1881 (N.I. Act) only when th.....

Tags : Supreme Court, S. 147 of NI Act, Cheque Dishonor



SC: Dominant Intention to be Looked Into to Decide Whether Transaction Was Commercial(27.08.2024)

Supreme Court has stated that it is the dominant intention of the transaction that is to be looked into to find out if it had any nexus with some kind.....

Tags : Supreme Court, Dominant Intention, Commercial Activities



HP HC: When S. 29A(4) of A&C Act Applies, Application Under Section 151 of CPC Won’t be Maintainable(28.08.2024)

Himachal Pradesh High Court has held that when a particular provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for ex.....

Tags : HP High Court, S. 29A(4) of A&C Act, Arbitration Proceedings



Cal. HC: Application u/s 34 of A&C Act Falls Under Entry No. 2(c) of Schedule II of Court Fees Act(29.08.2024)

Cal. HC has held that principal application u/s 34 of Arbitration and Conciliation Act, 1996 falls under Entry No. 2(c) of Schedule II of the Court Fe.....

Tags : Calcutta High Court, S. 34 of A&C Act, Higher Fees, Principal Applications



SC to Solicitor General: Provide Data on No. of People Benefitted from S.6A of Citizenship Act(06.12.2023)

Supreme Court while hearing pleas challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, has asked Solicitor General of I.....

Tags : Supreme Court, Citizenship Act, Section 6A, Constitutional Validity



Del. HC: Obtaining of Voice Samples of Accused Must be in Compliance with Telegraph Act(08.12.2023)

Delhi High Court while referring to Supreme Court’s judgment in Ritesh Sinha v. State of Uttar Pradesh (MANU/SC/1023/2019; 2019/INSC/855), has held th.....

Tags : Delhi High Court, Telegraph Act, Voice Samples



All. HC: MSMED Act Overrides Arbitration and Conciliation Act 1996(13.12.2023)

Allahabad High Court while observing that private agreement can’t obliterate statutory provisions, has held that once statutory mechanism under Sectio.....

Tags : Allahabad High Court, MSMED Act, Arbitration



Mad HC: Question that Killing of Hindu Religious Leaders Would Constitute Terrorist Act is Debatable(14.12.2023)

Madras High Court has noted that the question as to whether the killing of Hindu religious leaders by itself can constitute a terrorist act is debatab.....

Tags : Madras High Court, Hindu Religious Leaders, Terrorist Act



SC: Advocates Must Verify Facts from Case Records(18.12.2023)

Supreme Court has observed though it is true that advocates would settle pleadings and argue on instructions given by their clients, however, their du.....

Tags : Supreme Court, Advocates, Verify, Facts



Tel. HC: Apprentice Can be Treated as Workman under the Workmen's Act, 1923(18.12.2023)

Telangana High Court while observing that S.16 of Apprentice Act states that employer is liable to pay compensation for the injuries caused to apprent.....

Tags : Telangana High Court, Apprentice, Workmen Compensation Act



SC: TN Highways Act Can't be Invalidated Due to Variance from RFCTLARR Act(10.05.2023)

Supreme Court has held that Tamil Nadu Highways Act 2001 is not liable to be invalidated on ground that its provisions manifest discrimination or arbi.....

Tags : Supreme Court, Tamil Nadu Highways Act, RFCTLARR Act



SC: Police Officers Should be Vigilant Before Invoking Stringent Laws Like SC-ST Act(12.05.2023)

Supreme Court has observed that police officers, who institute an FIR, based on any complaint, are duty bound to be vigilant before invoking any provi.....

Tags : Supreme Court, Police Officers, SC-ST Act



SC: Meghalaya’s Right to do Business in Lotteries Subject to Parliamentary Legislation(12.05.2023)

Supreme Court while rejecting centre’s challenge of maintainability of Meghalaya’s suit challenging provisions of Lotteries Regulation Act, has held t.....

Tags : Supreme Court, Lotteries Regulation Act, Parliamentary Legislation



HP HC: Depiction of Property as Agricultural Land Doesn’t Exclude it from Purview of SARFAESI Act(12.05.2023)

Himachal Pradesh High Court has held that merely because revenue records shows secured properties as agricultural land, it is not sufficient to attrac.....

Tags : Himachal Pradesh High Court, SARFAESI Act, Property



SC Issues Directions to Strengthen Law Protecting Women from Sexual Harassment at Workplace(15.05.2023)

Supreme Court while issuing directions to strengthen law protecting women from sexual harassment at workplace has stated that it is indeed a sorry sta.....

Tags : Supreme Court, POSH Act, Sexual Harassment, Directions



SC: Full Ownership of Property Under S.14 (1) Can be Claimed by Hindu Woman Only if She Possesses it(20.05.2024)

Supreme Court has held that for establishing full ownership on the undivided joint family estate under Section 14(1) of the Hindu Succession Act, 1956.....

Tags : Supreme Court, Hindu Succession Act, Joint Family



SC: Comments to be Made Within Public View to Punish Person for Casteist Insults Under SC/ ST Act(21.05.2024)

Supreme Court has observed that in order to decide a complaint under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, the.....

Tags : Supreme Court, SC/ ST Act, Public View



All HC: High Court Appointing Arbitrator has Power to Extend Arbitrator's Mandate u/s 29A of A&C Act(21.05.2024)

Allahabad HC has held that if an arbitrator is appointed by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) th.....

Tags : Allahabad High Court, S. 11 of A&C Act, S. 29 of A&C Act



Kar HC: State to Not Take Action Against Old Vehicles For High-Security Number Plates Till June 12(23.05.2024)

Karnataka State Government has submitted an undertaking in the Karnataka High Court that no precipitative action shall be taken by the Government in m.....

Tags : Karnataka High Court, State Government, Registration Plates, Precipitative Action



MP HC: ?20 Lakh Minimum Threshold for Loan Recovery by NBFCs Not Applicable on HFCs(23.05.2024)

MP HC has held that Housing Finance Companies (HFCs) can invoke the SARFAESI Act, 2002 even when the loan amount is less than ?20 Lakhs and the minimu.....

Tags : MP High Court, SARFAESI Act, 2002, Housing Finance Companies, NBFC



Del HC: Consider Lower Side on Margin of Error if Ossification Test Opines Victim is b/w 15-17 Yrs(17.05.2023)

Delhi High Court while referring to Jarnail Singh v. State of Haryana (MANU/SC/0626/2013) has held that for determining age of a child victim under PO.....

Tags : Delhi High Court, POCSO Act, Bone Ossification Test



Pat. HC: Section 45(5A) of Income Tax Act cannot be Treated as Retrospective(17.05.2023)

Patna High Court has held that Section 45(5A) of Income Tax Act 1961 can’t be treated as retrospective, and stated that there is presumption against r.....

Tags : Patna High Court, Income Tax Act, Retrospective



Cal. HC: Consolidated Claim from Different Purchase Order Containing Arbitration Clause Not Invalid(18.05.2023)

Calcutta High Court has held that arbitration clauses in different purchase orders that are linked to a single main contract can be treated as a conso.....

Tags : Calcutta High Court, Arbitration, Purchase Orders, Main Contract



Ker. HC: Sale of Liquor Should Take Place to Attract Section 55(i) of Kerala Abkari Act(18.05.2023)

Kerala High Court has held that illicit sale of liquor should be made to attract offence under section 55(i) of Kerala Abkari Act and stated that mere.....

Tags : Kerala High Court, Kerala Abkari Act, Liquor, Sale



Pat. HC: Child Custody Matters Can be Altered With Respect to Needs of Child Under Sec. 26 of HMA(18.05.2023)

Patna High Court while observing that child custody matters can be altered keeping in mind needs of child, has stated that under Section 26 of Hindu M.....

Tags : Patna High Court, Child Custody, Hindu Marriage Act



J&K&L HC: Satisfaction of Detaining Authority Must be Based on Scrutiny of Police Report(09.11.2022)

Jammu and Kashmir and Ladakh High Court has held that in absence of material supporting allegations or specifying details of incident, it can’t be hel.....

Tags : Jammu and Kashmir and Ladakh High, Satisfaction, Police Order



SC: Offences Under Kerala Police Act Not Substantive(10.11.2022)

Supreme Court has held that offences under the Kerala Police Act are not substantive offences and thus the election of a person cannot be voided merel.....

Tags : Supreme Court, Police Act, Election



SC: Discretion Has No Place in Contractual Matters Unless it is Expressely Incorporated in Contract(21.11.2022)

Supreme Court has held rights and duties of the parties to the contract subsist or perish in terms of the contract itself, and if a party to the contr.....

Tags : Supreme Court, Contract, Discretion



SC: Contractual Expressions Must be Understood as Intended by Parties to Contract(21.11.2022)

Supreme Court has held that process of interpretation, though the exclusive domain of the Court, inheres the duty to decipher the meaning attributed .....

Tags : Supreme Court, Contract, Interpretation



SC: Provisions of Kerala Motor Vehicles Taxation Act, 1976 Not Repugnant With Central Act(29.07.2022)

Supreme Court has upheld the constitutional validity of Sections 4(7), 4(8) and 15 of Motor Vehicles Taxation Act, 1976 and Section 8A of the Kerala M.....

Tags : Supreme Court, Repugnant, Motor Vehicle Taxation Act



Delhi HC Quashes FIR Against US Citizen Carrying Cartridge at IGI Airport(01.08.2022)

Delhi High Court while quashing FIR registered against US citizen found in possession of live ammunition at Delhi Airport, has held that conscious pos.....

Tags : Delhi High Court, Arms Act, Conscious Possession



Delhi HC: No Distinct Status for Rifle Association Members Under Arms Act(02.08.2022)

Delhi High Court has held that a member of a Rifles' Association or Club cannot hold more than two firearms by claiming exemption under Section 3(2) o.....

Tags : Delhi High Court, Arms Act, Rifle Association



Allahabad HC: Compensation Under SC/ST Act Should be Paid on Conviction & Not on Filing of FIR(04.08.2022)

Allahabad High Court has held that compensation to the Victims under the SC/ST (Prevention of Atrocities) Act, 1989 should be disbursed only upon the .....

Tags : Allahabad High Court, Compensation, SC/ST Act, Conviction



Delhi HC to State: Ensure Strict Compliance of Senior Citizens Act(04.08.2022)

Delhi High Court has directed Delhi Government to ensure strict compliance of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and al.....

Tags : Delhi High Court, Senior Citizens Act, Compliance



J&K&L HC: Dealer/ Distributor Not Liable if he Acquires Drug from a Licensed Manufacturer(05.08.2022)

Jammu and Kashmir and Ladakh High Court has held that a person, other than a manufacturer of a drug, cannot be held liable for contravention of Sectio.....

Tags : Jammu and Kashmir and Ladakh High Court, Drug and Cosmetic, Licensed Manufacturer



All. HC: Consequential Proceedings Automatically Fails if Initiation of Proceedings Itself is Bad(26.12.2023)

Allahabad High Court while dealing with recovery without show cause notice under the Excise Act, has held that once the initiation of the proceedings .....

Tags : Allahabad High Court, Consequential Proceedings, Excise Act



Ker. HC: Definition of 'Landslide Prone Area' Can’t be Expanded Without Approval of State Authority(28.12.2023)

Kerala High Court while observing that as per S.31(2) of Disaster Management Act, 2005 State Disaster Management Authority (SDMA) must approve plans p.....

Tags : Kerala High Court, Disaster Management Act, Landslide Prone Area



Del. HC Upholds Validity of Section 115BBE of Income Tax Act(29.12.2023)

Delhi High Court while observing that Statutory Acts and their provisions are not to be declared unconstitutional on the fanciful theory that power wo.....

Tags : Delhi High Court, Constitutional Validity, Income Tax Act



SC: Registered Sale Deed Where Entire Consideration is Paid Would Operate from Date of Execution(04.01.2024)

Supreme Court while observing that as per Section 47 of Registration Act, a registered sale deed where entire consideration is paid would operate from.....

Tags : Supreme Court, Registration Act, Section 47, Sale Deed



Raj HC: No Penalty on Assessee u/s 270A IT Act, Once Deduction Claim for Education Cess is Withdrawn(05.01.2024)

Rajasthan High Court has held that no penalty shall be imposed on the Assessee under Section 270A of Income-Tax Act, 1961, once the deduction claim fo.....

Tags : Rajasthan High Court, Education Cess, Deduction Claim, Income-Tax Act



Ker HC: If 1st Detention Order Passed Before 31.12.2014, it Won’t be Considered for Subsequent Order(05.01.2024)

Kerala High Court while observing that S.12 of Kerala Anti-Social Activities (Prevention) Act, 2007 and 2014 amendment would operate only prospectivel.....

Tags : Kerala High Court, Anti-Social Activities, Detention



Del. HC: Arbitral Tribunal Awarding Damages for Loss of Profit is Illegal if it Contradicts Contract(02.08.2024)

Delhi High Court has held that if the Arbitral Tribunal decides to award damages for loss of profit, such decision shall be vitiated by patent illegal.....

Tags : Delhi High Court, Arbitral Tribunal, Contract



Del HC: Can File for Pre-Arrest Bail in FIR U/S 376(3) IPC if Incident Happened Prior to 2018(11.01.2023)

Delhi High Court has held that there is no bar to file anticipatory bail under section 438(4) of CrPC in FIR registered under Section 376(3) of Indian.....

Tags : Delhi High Court, Anticipatory Bail, Criminal Law (Amendment) Act



SC: Make EIA Mandatory for Urban Development(11.01.2023)

Supreme Court while issuing directions to preserve the heritage of 'Corbusier' Chandigarh, has recommended Centre as well as the State to make necessa.....

Tags : Supreme Court, Environmental Impact Assessment, Urban Development



Del. HC: Appln. U/S 34 A&C Act Doesn’t Cease to be Only Because Procedural Requirements Not Complied(13.01.2023)

Delhi High Court has held that an application to set aside an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 (A&C Act) .....

Tags : Delhi High Court, Arbitration and Conciliation Act, Procedural Requirements



SC: Party to Contract Can’t Question Amount Levied as Per Contract After Signing it(16.01.2023)

Supreme Court has held that signing a contract and issuing an undertaking in accordance with the contract would estop the parties from challenging the.....

Tags : Supreme Court, Contract, Estop, Consideration



SC Upholds Constitutional Validity of Section 3A(3) HPMVT Act(16.01.2023)

Supreme Court has upheld the constitutional validity of levy of additional special road tax under Section 3A(3) of Himachal Pradesh Motor Vehicles Tax.....

Tags : Supreme Court, Constitutional Validity, HPMVT Act



SC Strikes Down Section 10(26AAA) Income Tax Act as Unconstitutional(16.01.2023)

Supreme Court while striking down exemption provision under Section 10(26AAA) Income Tax Act as unconstitutional for excluding Sikkimese woman because.....

Tags : Supreme Court, Section 10(26AAA) Income Tax Act, Unconstitutional, Sikkimese woman



SC: If Statute Prescribes Lesser Time, Section 5 of Limitation Act Can’t be Invoked(25.10.2023)

Supreme Court has held that if there is a lesser time period specified as limitation in a statute, then the provisions of the Limitation Act, 1963 can.....

Tags : Supreme Court, Limitation Act, Statute



Mad. HC: To Bring an Act as Preparatory Terrorist Act, it Must be Proximate to Intended Result(26.10.2023)

Madras High Court while grating bail to eight members of PFI accused under UAPA for conspiring to commit terrorist act, has held that in order to brin.....

Tags : Madras High Court, UAPA, Preparatory Act



Ker. HC: Admission of Confession Made to Police Can Vitiate Trial(27.10.2023)

Kerala High Court has held that admission of confessions of accused made to police under Section 25 and Section 26 of Indian Evidence Act, 1872 can vi.....

Tags : Kerala High Court, Confession, Evidence Act, Trial



SC Closes Pending Cases Against 'Adipurush' Movie(10.10.2023)

Supreme Court has closed the proceedings pending before different high Courts related to ’Adipursh’ movie and observed that that all the proceedings a.....

Tags : Supreme Court, Adipurush, Cinematograph Act



Kar. HC: PoC Act Provides Two Fold Protection to Public Servants(11.10.2023)

Karnataka High Court has held that PoC Act has conferred a two-fold protection to public servants for offences under the Act; firstly, a prior approva.....

Tags : Karnataka High Court, Prevention of Corruption Act, Public Servant, Protection



Del. HC: Remedy of Arbitration Not Excluded from U.P Regulation of Cold Storages Act(13.10.2023)

Delhi High Court has held that Uttar Pradesh Regulations of Cold Storage Act 1976 does not provide any special right, remedy or procedure that cannot .....

Tags : Delhi High Court, Arbitration, Cold Storages Act



Ker. HC: Limitation Act Doesn’t Stipulate Time for Victim to File Appeal U/S 372 CrPC(13.10.2023)

Kerala High Court while relying on judgment in Sobhanakumari K. vs. Santhosh (MANU/KE/2167/2017), has held that here is no time period stipulated unde.....

Tags : Kerala High Court, Limitation Act, Appeal, Conviction



SC Upholds the Practice of Designating Senior Advocates(16.10.2023)

Supreme Court has dismissed a plea challenging the Senior Designation System, and while affirming the constitutional validity of Sections 16 and 23 of.....

Tags : Supreme Court, Senior Advocates, Advocates Act



Del. HC: Importation of Gold is a Prohibited Item Under Section 2(33) of Customs Act(22.08.2023)

Delhi High Court has held that importation of gold is a prohibited item under Section 2(33) of Customs Act; and that redemption in case of importation.....

Tags : Delhi High Court, Gold, Customs Act



SC Lays Down Factor to be Considered While Relying on Dying Declarations(25.08.2023)

Supreme Court while observing that it is unsafe to record the conviction on the basis of a dying declaration alone in the cases where suspicion is rai.....

Tags : Supreme Court, Dying Declarations, Factor



JKL HC: Subjective Satisfaction of Detaining Authority Doesn’t Deprive Court to Review its Orders(25.08.2023)

Jammu and Kashmir and Ladakh High Court has held that although subjective satisfaction cannot be interfered normally by the court but at the same time.....

Tags : Jammu and Kashmir and Ladakh High Court, Detaining Authority, Subjective Satisfaction



SC Lays Down Factors to be Considered While Deciding Grant of Remission to Convict(28.08.2023)

Supreme Court has laid down various factors which must be taken into account by the government while deciding the grant of remission to convicts as pe.....

Tags : Supreme Court, Remission, Factors



SC: Employer Can’t Cite Suppression of Material Facts to Deny Appointment When Query Asked was Vague(28.08.2023)

Supreme Court has held that when the information sought by employer was vague and the candidate didn’t specifically disclose information which was req.....

Tags : Supreme Court, Suppression of Material Facts, Vague



All. HC: Arbitrator’s Requirement to Provide Reason Hinges on Pleadings & Available Docs. on Record(09.05.2024)

Allahabad High Court has held that the arbitrator’s requirement to provide reasons in accordance with Section 31(3) of the Arbitration and Conciliatio.....

Tags : Allahabad High Court, S. 31(3) of A&C Act, Pleadings



SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract(10.05.2024)

SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on i.....

Tags : Supreme Court, Terms of Contract, Arbitral Tribunal, Section 34 of A&C Act



Supreme Court: Arrest by GST Officers Should Not be Made on Mere Suspicion(13.05.2024)

Supreme Court while hearing petitions related to the Goods and Service Tax Act being incompatible with provisions of the Code of Criminal Procedure, 1.....

Tags : Supreme Court, GST Act, Arrest, Suspicion



Del. HC: Need Re-Look at Exclusions in Section 3(K) of Patents Act(15.05.2023)

Delhi High Court has observed that there is need to relook at exclusions in Section 3(k) of Patents Act, 1970, in view of the growing innovations, as .....

Tags : Delhi High Court, Patents Act, Parliamentary Committee Report, Innovations



Del. HC: No Retrospective Effect of Section 23 of Senior Citizens Act, 2007(15.05.2023)

Delhi High Court while observing that unless terms of statute expressly provide, retrospective operation should not be given to a statute, has dismiss.....

Tags : Delhi High Court, Retrospective Effect, Senior Citizens Act



Gauhati HC: Providing SIM Card for Anti-National Activities Amounts to Providing Logistics Support(15.05.2023)

Gauhati High Court while denying bail to an accused under UAPA, has held that providing a SIM card to an “illegal Bangladeshi national for carrying ou.....

Tags : Gauhati High Court, Anti-National Activities, Bail, Logistic Support



Delhi HC to Lawyers: Confine to Facts in Bail Pleas, Skip Adding Judgment Extracts(21.09.2022)

Delhi High Court while observing that lawyers add elaborative judgment extracts while drafting bail pleas, has requested counsels to adhere to "basic .....

Tags : Delhi High Court, Bail, Facts



SC: Grant of Ex Post Facto Environmental Clearance Permissible in Exceptional Circumstances(23.09.2022)

Supreme Court has held that grant of ex post facto environmental clearance in exceptional cases is not impermissible, and such approvals cannot be dec.....

Tags : Supreme Court, Ex Post Facto Clearance, Exceptional Circumstances



Del. HC Allows Unvaccinated Teacher to Resume Duties After AIIMS Says 'At Risk of Allergic Reaction'(26.09.2022)

Delhi High Court has directed a private school in Delhi to allow an unvaccinated teacher to re-join duties after AIIMS concluded that he was at a high.....

Tags : Delhi High Court, COVID-19, Allergic Reaction, Vaccine



SC Orders Removal of Business Activities in 500 Meter Radius of Taj Mahal(27.09.2022)

Supreme Court has issued a direction to the Agra Development Authority to immediately halt all commercial activities which come within the radius of 5.....

Tags : Supreme Court, Taj Mahal, Commercial Activities



SC Allows Withdrawal of Petition Challenging Provisions of J&K Reservation Act 2005(29.09.2022)

Supreme Court has allowed withdrawal of a petition seeking to declare certain provisions of Jammu and Kashmir Reservation Act, 2005 and related rules .....

Tags : Supreme Court, Jammu and Kashmir Reservation Act



Bombay High Court’s Third Judge Opines in 2023 IT Rules Amendment Case(12.03.2024)

The third Judge in the 2023 IT Rules Amendment Case while refusing to stay Central government notification for forming Fact Check Units has opined tha.....

Tags : Bombay High Court, IT Rules Amendment Case, Fact Check Unit



Kar. HC: Revision Petition Against Order Passed u/s 148(3) of NI Act Not Maintainable Before HC(12.03.2024)

Karnataka High Court has held that a revision petition filed for release of interim compensation against an order under Section 148 (3) of the Negotia.....

Tags : Karnataka High Court, Interim Compensation, Section 148(3) of NI Act



Del. HC: Dish TV Not Entitled to Protection u/s 30(2) of Trade Marks Act for Using the Word ‘Dish’(13.03.2024)

Delhi High Court has held that Dish TV India Limited cannot seek protection under Section 30(2) of the Trade Marks Act, 1999 for using the word ‘Dish’.....

Tags : Delhi High Court, Section 30 of TM Act, Monopoly



Supreme Court: Workers Performing Perennial/Permanent Nature of Work Not Contractual Workers(14.03.2024)

Supreme Court while granting regularization to workers, has held that workers involved in performing perennial/permanent nature of work cannot be cons.....

Tags : Supreme Court, Contractual Workers, Regularization



Del. HC: Women Working on Contractual Basis Also Entitled to Benefits Under Maternity Benefit Act(14.03.2024)

Delhi High Court has observed that women working on a contractual basis are also entitled to benefits under the Maternity Benefit Act, 1961 even if th.....

Tags : Delhi High Court, Maternity Benefit Act, Contractual Basis



SC: States to Inform About Steps Taken to Regularise Special Teachers Engaged on Contractual Basis(14.03.2024)

Supreme Court has asked all the States to disclose information regarding the steps taken in order to regularise the services of special teachers engag.....

Tags : Supreme Court, Contractual Basis, Regularise



SC: Delegated Legislation Which is Ultra Vires to Parent Act Cannot be Given Any Effect(19.12.2022)

Supreme Court while observing that it is the function of the courts to keep all authorities within the confines of the law by supplying the doctrine o.....

Tags : Supreme Court, Ultra Vires, Parent Act



Bombay High Court: Judgement Reserved in Kunal Kamra’s Petition Challenging IT Amendment Rules, 2023(09.08.2024)

Bombay High Court has reserved its judgement in the petition filed by comedian Kunal Kamra challenging the IT Amendment Rules, 2023 that empower the U.....

Tags : Bombay High Court, IT Amendment Rules, Fact Checking Units



Del HC: While Passing Reassessment Order, Dept. Can’t Take Fresh Grounds Not Disclosed to Taxpayer(12.08.2024)

Delhi High Court while quashing reopening proceedings initiated u/s 148A of Income Tax Act, 1961, has observed that while passing order u/s 148A(d) of.....

Tags : Delhi High Court, Revenue Department, S. 148A of IT Act



Del. HC: Can Invoke Offence of Penetrative Sexual Assault Under POCSO Act Against Women(12.08.2024)

Del. HC has held that the word ‘he’ appearing in section 3 of the POCSCO Act, 2012, cannot be given a restrictive meaning that it refers only to a ‘ma.....

Tags : Delhi High Court, Penetrative Sexual Assault, POCSO Act



All. HC: Petit. Seeking in Person Appearance Can File Petitions from District Courts’ e-Sewa Kendras(12.08.2024)

The Registrar of Central Public Information Officer, Allahabad High Court , in a reply to an application filed under the Right To Information Act, 200.....

Tags : e-Sewa Kendras, Allahabad High Court, RTI Act



Supreme Court: Centre & States to Take Steps to Implement NCAHP Act, 2021(13.08.2024)

Supreme Court has directed the Centre to conduct a meeting with all the State Secretaries of the Ministry of Health and Family Welfare, to come out wi.....

Tags : Supreme Court, NCAHP Act, State Secretaries



Del. HC: Withholding Names of Institutes or Universities Attended by Current Employees is Justified(14.08.2024)

Del. HC has held that Central Information Commissioner’s decision to withhold the names of institutes or universities attended by current employees is.....

Tags : Delhi High Court, Central Information Commissioner, RTI Act



Telangana HC: ‘Less Salary, More Hours’ Not Sufficient for Offence of Child Kept in Bondage(07.06.2024)

Tel. HC has held that the essential ingredient to attract offence of child kept in bondage under Section 79 of the JJ Act, 2015 is that minor child mu.....

Tags : Telangana High Court, S. 79 of JJ Act, Bondage



Amalgamation of Air Asia With Air India Express Approved by NCLT(12.06.2024)

National Company Law Tribunal has approved the amalgamation of AIX Connect Pvt Ltd., owner of Air Asia Airlines, with the Air India Express Ltd compan.....

Tags : NCLT, Air Asia, Air India Express, Companies Act, 2013



Delhi High Court: U/S 9 of Arbitration and Conciliation Act, 1996, Scope of Inquiry is Limited(14.06.2024)

Delhi High Court has held that the scope of inquiry under Section 9 of Arbitration and Conciliation Act, 1996 is limited to prima facie examination of.....

Tags : Delhi High Court, S. 9 of A&C Act, Scope of Inquiry, Prima Facie



Gau. HC: Party Can Invoke Arbitration Despite Alternative Remedy Available Under RERA Act(14.06.2024)

Gauhati High Court has held that the Arbitration and Conciliation Act, 1996 is not inconsistent or in derogation of the RERA Act. Thus, arbitration ca.....

Tags : Gauhati High Court, Alternative Remedy, RERA Act



Mad. HC: Marital Status of Woman Cannot be a Determining Factor for Considering Her Child’s Adoption(17.06.2024)

Mad. HC while holding that woman's marital status should not be a determining factor while considering her child's adoption observed that proviso to S.....

Tags : Madras High Court, HAMA, Hindu Adoptions and Maintenance Act



SC Explains Factors to be Considered While Deciding Legality of Preventive Detention(06.09.2023)

Supreme Court while observing that there has been growing trend of passing orders of preventive detention at the ‘drop of a hat’ without considering l.....

Tags : Supreme Court, Preventive Detention, Factors



Del. HC: Legislative Intent of 2018 Amendment of SRA was Towards Stronger Enforcement of Contracts(06.09.2023)

Delhi High Court while observing that intent behind 2018 Amendment of Specific Relief Act was to introduce more certainty in enforcement of contracts,.....

Tags : Delhi High Court, Specific Relief, Enforcement of Contract



All. HC: GST Act is a Complete Code, No Room for Deviation from it(07.09.2023)

Allahabad High Court while observing that GST Act, 2017 is a complete Code in itself, has held that there is no room for deviation from it; the provis.....

Tags : Allahabad High Court, GST Act, Deviation, Provision



Bom. HC: Writing Off Bad Debt Can’t be Considered as Asset u/s 153A(1) of IT Act(07.09.2023)

Bombay High Court has held that writing-off of a bad debt cannot fall within the ambit of “income, represented in the form of an asset” under Section .....

Tags : Bombay High Court, Bad Debt, Asset, Income-Tax Act



SC: In case of Unjust Executive Action, Courts must Interfere in Election Process(08.09.2023)

Supreme Court has held that in cases where issues crop up, indicating unjust executive action or an attempt to disturb a level-playing field between c.....

Tags : Supreme Court, Election Process, Executive Actions, Unjust



Del. HC: Patent Agents Don’t Come Within the Ambit of BCI or Advocates’ Act, 1961(08.09.2023)

Delhi High Court while observing that patent agents do not come within the ambit of the Bar Council of India or the Advocates’ Act, 1961, has stated t.....

Tags : Delhi High Court, Patent Agents, Advocates’ Act, Regulatory Authority



JKL HC: Can’t Proceed With Prosecution Against Partners Without Arraigning Firm as Accused(20.02.2023)

Jammu and Kashmir and Ladakh High Court has held that existence of Section 66 in the Food Safety and Standard Act 2006 is a clear indicator of the fac.....

Tags : Jammu and Kashmir and Ladakh High Court, Food Safety and Standard Act, Prosecution



SC: False Educational Qualification Claim in Election Affidavit Not Corrupt Practice(21.02.2023)

Supreme Court while observing that no one votes on the basis of education qualification has held that false information regarding education qualificat.....

Tags : Supreme Court, Educational Qualification, Corrupt Practice



SC: Right Not to Have Legitimacy of Children Questioned Frivolously is Part of Right to Privacy(21.02.2023)

Supreme Court while observing that DNA tests of children may be directed only if there is prima-facie material to dislodge presumption under Section 1.....

Tags : Supreme Court, Legitimacy, Evidence Act, DNA Test



JKL HC: Can’t Dismiss Suit if Issue of Jurisdiction is Mixed Question of Fact and Law(23.02.2023)

Jammu and Kashmir and Ladakh High Court has held that obligation to dismiss a suit at threshold or return a plaint for want of jurisdiction arises onl.....

Tags : Jammu and Kashmir and Ladakh High Court, Jurisdiction, Issue of Fact



SC: Conditions Under Section 45 of PMLA Applicable to Anticipatory Bail Applications(27.02.2023)

Supreme Court has held that conditions under Section 45 of Prevention of Money Laundering Act (PMLA) for grant of bail are applicable to anticipatory .....

Tags : Supreme Court, Prevention of Money Laundering Act, Anticipatory Bail



Bombay HC: Can’t Disqualify Sarpanch for Holding Consecutive Meetings(28.02.2023)

Bombay High Court has held that Sarpanch can’t be disqualified for holding consecutive meetings as it doesn’t amount to any statutory violation becaus.....

Tags : Bombay High Court, Sarpanch, Gram Sabha, Maharashtra Village Panchayat Act



SC: Sale/Gift of Vehicle Shall Not be Invalidated on Mere Failure of Transfer Vehicle Registration(11.04.2024)

Supreme Court has observed that the sale/gift transaction will not get invalidated merely on the ground that there has been a failure to get a transfe.....

Tags : Supreme Court, Vehicle Registration, Gift Transaction, Sale Transaction



Bombay High Court: Can’t Use Senior Citizenship Act as Machinery to Settle Property Disputes(11.04.2024)

Bom. HC has held that provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used as machinery for settling property.....

Tags : Bombay High Court, Senior Citizenship Act, Property Disputes



SC: To Use Accused’s State. on Fact Discovery, Prose. Needs to Establish That No One Knew About it(12.04.2024)

Supreme Court has held that if the statement of the accused is to be used on discovery of a fact the prosecution will have to establish that, nobody h.....

Tags : Supreme Court, Accused’s Statement, Fact Discovery



Kerala High Court: Schools Without Playgrounds Should be Closed by Government(15.04.2024)

Ker. HC has held that if there are no suitable playgrounds for games and sports in schools containing sufficient clear space for extra-curricular acti.....

Tags : Kerala High Court, Kerala Education Rules, Extra-Curricular Activities



All. HC: Arbitrator to Decide Whether Claims Prior to Work Order are Covered by Arb. Clause or Not(15.04.2024)

Allahabad High Court has held that it is upon the arbitrator to decide whether claims between the parties prior to the work order in question can be c.....

Tags : Allahabad High Court, Section 11 A&C Act, Arbitration Clause



Madhya Pradesh HC: If Efficacious Remedy Available Before Arbitrator Writ Will Not be Maintainable(15.04.2024)

Madhya Pradesh High Court has held that if an efficacious contractual remedy is available before the Arbitrator then the writ petition will not be ent.....

Tags : Madhya Pradesh High Court, Contractual Remedy, Writ Petition



Patna HC: No Parent of Any Girl in Our Society Can Damage Reputation of His/Her Daughter(02.07.2024)

Patna High Court while upholding the conviction of an accused under section 3 of the POCSO Act and section 376 of IPC, has observed that no parent of .....

Tags : Patna High Court, POCSO Act, S. 376 of IPC



Kar. HC: To Set Aside Proceedings u/s 12 of Domestic Violence Act, Parties Must Approach High Court(02.07.2024)

Kar. HC has observed that setting aside entire proceeding initiated under Section 12 of the DV Act, 2005 is not the power that is vested in the Court .....

Tags : Karnataka High Court, S. 482 of CrPC, S. 12 of DV Act



Orissa HC: No Jurisdiction on Consumer Commission to Entertain Matters Under SARFAESI Act(03.07.2024)

Orissa High Court has observed that any suit or proceeding which can be entertained by the Debt Recovery Tribunal or the Appellate Tribunal cannot be .....

Tags : Orissa High Court, SARFAESI Act, Debt Recovery Tribunal



Ker. HC: Before Starting Work on Highways, Alternatives Should be Provided to Commuters(03.07.2024)

Kerala High Court has observed that, although the development activities by the National Highways Authority of India are most imperative, it cannot be.....

Tags : Kerala High Court, NHAI, Development Activities



Ker. HC: Before Starting Work on Highways, Alternatives Should be Provided to Commuters(03.07.2024)

Ker. High Court has observed that, although the development activities by the National Highways Authority of India are most imperative, it cannot be d.....

Tags : Kerala High Court, NHAI, Development Activities



Bombay HC: Proceedings Related to SC/ST Act Must be Video Recorded Even if Held in Open Court(14.03.2024)

Bombay High Court has held that it would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes (Prevention.....

Tags : Bombay High Court, SC/ST Act, Video Record



Commission of India Finds Google Play Store’s Updated Billing Policy Violative of Competition Act(18.03.2024)

Commission of India has prima facie found Google Play Store’s updated billing policy violative of provisions of Section 4(2)(a), 4(2)(b) and 4(2)(c) o.....

Tags : Commission of India, Google Play Store, Competition Act



SC: Court’s Power to Grant Interim Compensation for Complaints u/s 143A of NI Act is Discretionary(18.03.2024)

Supreme Court has held that it is at the discretion of the court to grant interim compensation in complaints filed under Section 143A of the Negotiabl.....

Tags : Supreme Court, Interim Compensation, Section 143A of NI Act



CCI Finds Google Play Store’s Updated Billing Policy Violative of Competition Act(18.03.2024)

Competition Commission of India has prima facie found Google Play Store’s updated billing policy violative of provisions of Section 4(2)(a), 4(2)(b) a.....

Tags : Competition Commission of India, Google Play Store, Competition Act



Kar. HC: Order Passed by Appellate Authority Under Section 70 of Chit Funds Act is Final(19.03.2024)

Karnataka High Court has held that an order passed by the Appellate Authority under Section 70 of the Chit Funds Act, 1982 is final and no appeal agai.....

Tags : Karnataka High Court, Section 70 of Chit Funds Act, Appellate Authority



Kar. HC: Can’t Accept Photostat Copy of Unregistered Sale Agreement as Secondary Evidence(19.03.2024)

Karnataka High Court has held that for a trial being held under Section 138 of the Negotiable Instruments Act, a photocopy of an unregistered sale agr.....

Tags : Karnataka High Court, Section 138 of NI Act, Unregistered Sale Agreement, Secondary Evidence



All HC: Can’t Invoke Penalty Proceedings u/s 129 of UPGST Act, 2017 For Search And Seizure Of Godown(28.02.2024)

Allahabad HC has held that the provision of Section 129(3) of the Uttar Pradesh Goods and Services Tax Act, 2017(UPGST) can’t be invoked to subject a .....

Tags : Allahabad High Court, Section 129(3) of UPGST Act, Search and Seizure



Supreme Court: Distributor Not An Agent But An Independent Contractor(01.03.2024)

SC has held that legal position of a distributor is generally different from an agent. Distributor buys goods on his account and sells them in his ter.....

Tags : Supreme Court, Independent Contractor, Distributor



Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI’s Handbook Upheld(01.03.2024)

Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of .....

Tags : Telangana High Court, Section 38(2) of RP Act, Election Commission of India, Constitutional Validity



SC: Amend Arbitration Act For Prescribing Limitation Period For Applications u/s 11 of the Act(04.03.2024)

Supreme Court has held that Parliament should take into consideration the amendment of the Arbitration and Conciliation Act, 1996 as there is no statu.....

Tags : Supreme Court, Section 11 of A&C Act, Limitation Period



SC: Legal Representatives Not Responsible to Discharge Contractual Obligations of Deceased(04.03.2024)

Supreme Court has held that in the case of a personal obligation imposed on deceased, his estate doesn’t become liable and therefore, the legal repres.....

Tags : Supreme Court, Legal Representatives, Contractual Obligations



Bombay HC: Delay in Filing Appeal under NIA Act can be Condoned(15.09.2023)

Bombay High Court has held that Appellate Courts have the power to condone delay beyond the 90 days period, despite language of the 2nd proviso to Sec.....

Tags : Bombay High Court, NIA Act, Delay, Condone



Del. HC: Provisions of Motor Vehicles Act Applicable for Electric Vehicles(15.09.2023)

Delhi High Court has held that all the provisions under the Motor Vehicle (MV) Act and the Central Motor Vehicle Rules pertaining to requirement of re.....

Tags : Delhi High Court, Electric Vehicles, Motor Vehicles Act



SC: Continuous Working on Contractual Basis Doesn’t Created Any Legal Right for Regularization(19.09.2023)

Supreme Court has held that continuous working in an institute on contractual basis does not create any legal right in their favour to be absorbed or .....

Tags : Supreme Court, Contractual Basis, Regularization



JH. HC: Criminal Liability Can’t be Levied in Every Case of Breach of Contract(20.09.2023)

Jharkhand High Court has held that criminality cannot be fastened upon the accused persons on mere breach of contract in every case, and parties shoul.....

Tags : Jharkhand High Court, Breach of Contract, Criminal Liability



SC: Can’t Assume that Dowry & Gifts Given During Marriage are Entrusted to Parents-in-Law of Bride(30.08.2024)

SC has reiterated the position that giving dowry and traditional presents at the time of the wedding does not raise a presumption that such articles a.....

Tags : Supreme Court, Dowry Prohibition Act, Traditional Presents, Parents In-Law



AP HC: Condition to Deposit Min. 20% Fine May be Relaxed by Court if Exceptional Case Made Out(30.08.2024)

AP HC has held that, Appellate Court will be justified in imposing condition of deposit as provided in S. 148 of N.I Act, 1881. However, in a case, wh.....

Tags : AP High Court, S. 148 of NI Act, Appellate Court



SC to State Govts.: Implement S 136A of MV Act for Electronic Monitoring & Enforcement of Road Safety(03.09.2024)

SC has issued directions to all state governments to take immediate steps to implement Section 136A of Motor Vehicles Act, 1988 (MV Act), which provid.....

Tags : Sureme Court, Section 136A of Motor Vehicles Act, 1988



Supreme Court: Procedure to Admit Insufficiently Stamped Instruments Explained(04.09.2024)

Supreme Court by extracting the steps to be followed as per Sections 33, 34, 35, 37, and 39 of the Karnataka Stamp Act, 1957, has explained the proced.....

Tags : Supreme Court, Karnataka Stamp Act, Insufficiently Stamped Instruments



SC: Execution Court Can Entertain Application u/s 28 of Specific Relief Act(05.09.2024)

SC has held that an application under Section 28 of Specific Relief Act, 1963 either for rescission of contract or for extension of time, can be enter.....

Tags : Supreme Court, Execution Court, Rescission of Contract



Del. HC: Rule 8 of Chewing Tobacco & Unmanufactured Tobacco Packing Machines Rules is Valid(08.09.2023)

Delhi High Court while upholding the validity of Rule 8 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Col.....

Tags : Delhi High Court, Chewing Tobacco, Central Excise Act, Ultra Vires



Bom. HC: It is time to Bury the Pernicious Practice of Submitting Information ‘in Sealed Cover’(11.09.2023)

Bombay High Court while observing that no litigant can disadvantage the opponent by squirrelling some information into the court record ‘in sealed cov.....

Tags : Bombay High Court, Sealed Cover, Pernicious Practice



SC: 2014 Judgment Declaring Section 6A of DSPE Act as Unconstitutional has Retrospective Effect(11.09.2023)

Supreme Court has held that declaration made in Subramanian Swamy v. Union of India (MANU/SC/0417/2014), as to the unconstitutionality of Section 6A o.....

Tags : Supreme Court, Section 6A, DSPE Act, Unconstitutional, Retrospective Effect



Gau. HC: Notification for Adopting Practice Directions in Proceeding Under POCSO Act, Issued(21.03.2024)

Gauhati High Court has issued a notification for the adoption of practice directions in proceedings under the Protection of Children from Sexual Offen.....

Tags : Gauhati High Court, Practice Directions, POCSO



Supreme Court Stays Centre’s Notification Setting Up Fact Check Unit(21.03.2024)

Supreme Court has stayed Central Government’s notification setting up Fact Check Unit under the Press Information Bureau till the time the Bombay High.....

Tags : Supreme Court, Fact Check Unit, Bombay High Court



Mad. HC: No Appeal Shall Lie Against Interim Maintenance Passed Under Section 24 of HM Act(22.03.2024)

Madras High Court has held that an order of interim maintenance passed under Section 24 of the Hindu Marriage Act, 1955 (HM Act) is only an interlocut.....

Tags : Madras High Court, Interim Maintenance, Section 24 of HM Act



Supreme Court Refuses to Stay Election Commissioners' Act(26.03.2024)

Supreme Court while deciding the batch of pleas has refused to stay the Chief Election Commissioner and Other Election Commissioners Act, 2023, which .....

Tags : Supreme Court, Chief Justice of India, Chief Election Commissioner and Other Election Commissioners Act, 2023



Delhi HC: Wife Openly Calling Husband Impotent Amounts To Mental Cruelty(26.03.2024)

Delhi High Court while granting divorce to a husband on the grounds of cruelty u/s 13 (1)(ia) of the Hindu Marriage Act,1955 has said that being openl.....

Tags : Delhi High Court, Hindu Marriage Act,1955, Section 13 (1)(ia)



All. HC: Bail Granted to Assessee Since Proceedings u/s 70 and 74 of GST Act Pending for Too Long(04.03.2024)

Allahabad High Court while granting bail to an assessee who had availed excess input tax credit, has stated that since the proceedings under Section 7.....

Tags : Allahabad High Court, Bail, Section 70 of GST Act, Section 74 of GST Act



SC: Can’t Sustain Case Under Karnataka Cow Slaughter Act if Sample Collected by Unauthorised Officer(05.03.2024)

Supreme Court has held that if a sample of the meat has been collected by an officer who is not authorized under law to do so, then a case under Karna.....

Tags : Supreme Court, Karnataka Cow Slaughter Act, Unauthorised Officer



Bombay High Court: Reading Communist or Naxal Literature Doesn’t Constitute Offence Under UAPA(06.03.2024)

Bombay High Court has held that reading or sympathizing with literature that contains Communist or Maoist philosophy does not constitute an offence un.....

Tags : Bombay High Court, Communists, Unlawful Activities Prevention Act



SC: Hospital's Registration Can Be Cancelled, Only if, It Is Necessary in Public Interest(07.03.2024)

SC has held that suspension/cancellation of registration of Hospital/Clinic under Sec. 20(3) of Pre-Conception and Pre-¬Natal Diagnostic Techniques (R.....

Tags : Supreme Court, Pre-Conception and Pre-¬Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994, Section 20



Del. HC: POCSO Act being Misused by Girl’s Family that Objects Her Romantic Relationship With a Boy(14.08.2024)

Delhi High Court while granting bail to an accused in a POCSO case, has observed that POCSO Act, 2012 is being misused by family of girls that object .....

Tags : Delhi High Court, POCSO Act, Romantic Relationship



CAS: Indian Wrestler Vinesh Phogat Did Not Commit any Indiscretion in Paris Olympics, 2024(20.08.2024)

Court of Arbitration for Sport (CAS) has refused Indian wrestler Vinesh Phogat’s plea of a silver medal in Paris Olympics, 2024 after she was disquali.....

Tags : Vinesh Phogat, CAS, Wrongful Act



Country’s First Exclusive Digital Court for Negotiable Instruments Act Cases Inaugurated(20.08.2024)

Supreme Court judge Justice BR Gavai inaugurated the Country's first exclusive Digital Court for Negotiable Instruments Act Cases in Kollam, Kerala. T.....

Tags : Justice BR Gavai, Digital Court, S. 138 of NI Act



Del. HC: While Granting Approval, Merely Appending Word ‘Approved’ by PCCIT Not Sufficient(21.08.2024)

Del. HC has observed that mere appending of the word “approved” by the PCCIT while granting approval under Section 151 of IT Act to the re-opening und.....

Tags : Delhi High Court, PCCIT, S. 151 of IT Act



Cal. HC: High Court’s Commercial Division Can Hear Appeals Under A&C Act Filed on Original Side(22.08.2024)

Cal. HC has held that language used in S. 10(2) of Commercial Courts Act, 2015 is “shall”, which is mandatory and implies that even if an application .....

Tags : Calcutta High Court, Commercial Division, Commercial Courts Act



SC: No Coercive Action Against Doctors if They Come Back to Work(23.08.2024)

Supreme Court while hearing the suo motu case related to RG Kar Hospital murder-rape crime, has ordered that no coercive action shall be taken against.....

Tags : Supreme Court, RG Kar Hospital, Coercive Action



Allahabad HC: Purely Punitive Action Shouldn’t be Taken Against Students(07.08.2023)

Allahabad High Court has observed that purely punitive action taken by the University against a student, to the exclusion of opportunities to reform h.....

Tags : Allahabad High Court, Punitive Action, Student



Cal. HC Dismisses PIL Seeking Implementation of PoSH Act within the Calcutta High Court(08.08.2023)

Calcutta High Court while terming the PIL as ‘absolutely premature’ has dismissed the plea seeking strict implementation of the Sexual Harassment of W.....

Tags : Calcutta High Court, PoSH Act, Implementation



All. HC: False POCSO/SC-ST Cases Being Filed to Claim Money from the State(11.08.2023)

Allahabad High Court has observed that certain false FIR under the POCSO as well as SC/ST Act are being lodged against innocent persons ruining their .....

Tags : Allahabad High Court, False Case, POCSO, SC/ST Act



SC: Person Receiving Information of Crime or Detecting the Occurrence, Can Investigate the Same(14.08.2023)

Supreme Court while upholding a conviction under Kerala Abkari Act has held that merely because person receiving the information of the crime or detec.....

Tags : Supreme Court, Investigation, Abkari Act



Bom HC: FIR can be Against IO if he Fails to File Chargesheet Within 180 Days in NDPS Case(19.05.2023)

Bombay High Court while directing prosecution of investigating officer (IO) for failing to file chargesheet within time stipulated of 180 days under S.....

Tags : Bombay High Court, FIR, Chargesheet, NDPS Act, Investigating Officer



Del. HC: Application for Drawing Sample U/S 52A of NDPS Act Should Be Made Within 72 Hours(19.05.2023)

Delhi High Court has observed that application for drawing sample of drug or psychotropic substance under Section 52A of NDPS Act must be made within .....

Tags : Delhi High Court, NDPS Act, Sample, Application



SC: Service Tax Not Applicable on UDF Collected from Passengers at International Airport(23.05.2023)

Supreme Court has held that ‘user development fee (UDF) collected from passengers departing the Delhi, Mumbai and Hyderabad International Airport, is .....

Tags : Supreme Court, User Development Fees, Service Tax, Finance Act



J&K&L HC: J&K Special Tribunal Can Refer Contempt Matters to High Court(29.05.2023)

Jammu and Kashmir and Ladakh High Court has observed that J&K Special Tribunal is deemed to be a court subordinate to High Court for purposes of Secti.....

Tags : J&K&L HC, J&K Special Tribunal, Contempt of Courts Act



Kar. HC: Non-Signatory Defendants Cannot Be Exposed to Arbitration under Section 8 of A&C Act(29.05.2023)

Karnataka High Court has ruled that the non-signatory defendants cannot be exposed to arbitration under Section 8 of the Arbitration and Conciliation .....

Tags : Karnataka High Court has, Arbitration and Conciliation Act, Section 8



Madras HC: Liability to Be Fastened on Temple Trustee & EOs for Stealing Electricity(29.05.2023)

Madras High Court has observed that whenever electricity is stolen for the conduct of temple festivals, the liability under the Electricity Act has to.....

Tags : Madras High Court, Electricity Act



Raj HC: ‘Right to Be Forgotten’ Absolute Right of Juvenile if Benefits Under Sec. 24 JJ Act Extended(19.02.2024)

Rajasthan High Court has held that if the benefits under Section 24 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (JJ Act) have be.....

Tags : Rajasthan High Court, S. 24 of JJ Act, Right to be Forgotten



Kar HC: Once Investigation u/s 210 Companies Act Commenced, Govt Not Powerless to Issue SFIO Probe(19.02.2024)

Karnataka High Court has held that if under Section 230 of Companies Act, 2013 investigation has started then the Government of India does not become .....

Tags : Karnataka High Court, S. 230 Companies Act, S. 212 Companies Act



SC: Heightened Caution Must be Exercised By Police When Dispute Involves Unethical Transactions(20.02.2024)

Supreme Court has observed that ‘heightened’ caution must be exercised by the police while registering cases that involve the dispute of unethical tra.....

Tags : Supreme Court, Heightened Caution, Unethical Transactions



Supreme Court: Definition of Forest Given By Godavarman Judgment Should Be Followed By States/UTs(20.02.2024)

Supreme Court while passing an interim order has directed the State and Union Territiories to act in accordance with the definition of forest given in.....

Tags : Supreme Court, Forest (Conservation) Act, N. Godavarman Thirumalpad v. UOI



Delhi High Court: Contractual Clauses and Party’s Conduct Infer Seat of Arbitration(20.02.2024)

Delhi High Court has held that determination of seat of arbitration should be done on the basis of the clauses of agreement and the conduct of parties.....

Tags : Delhi High Court, Seat of Arbitration, Contractual Clauses



Del. HC: Copy of Arbitration Award Must Be Given Only to The Parties And Not Their Agents/Advocates(20.02.2024)

Delhi High Court has held that the term party under the Arbitration and Conciliation Act refers only to the parties themselves and not their advocates.....

Tags : Delhi High Court, Arbitration and Conciliation Act, Arbitration Award



Supreme Court: Constitutional Validity of Section 6A of Citizenship Act, 1955 Upheld(17.10.2024)

Supreme Court has upheld the constitutional validity of Section 6A of Citizenship Act, 1955 that grants citizenship to immigrants who entered India be.....

Tags : Supreme Court, Constitutional Validity, Citizenship Act, Section 6A



Bom. HC: Reasons for Delay Could Not Constitute Information as Defined Under RTI Act(18.10.2024)

Bom. HC has observed that under section 2(f) of RTI Act, 2005 "information" means any material in any form, including records, documents, memos, e-mai.....

Tags : Bombay High Court, RTI Act, Delayed Decision



Bom. HC: MSMED Act Does Not Provide Mechanism for Challenging Award Passed Under Section 18(18.10.2024)

Bombay High Court has held that Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) does not provide any mechanism for challenging t.....

Tags : Bombay High Court, MSMED Act, Section 18



Ker HC: Charge Framed by Court Without Jurisdic. Will Not Affect Evidence Recorded by Special Court(18.10.2024)

Kerala High Court has held that evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), .....

Tags : Kerala High Court, Special Court, NDPS Act



Ker HC: Charge Framed by Court Without Jurisdic. Will Not Affect Evidence Recorded by Special Court(18.10.2024)

Kerala High Court has held that evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), .....

Tags : Kerala High Court, Special Court, NDPS Act



All. HC: Retroactive Application of Rulings to Arbitral Awards Would Create Legal & Procedural Chaos(21.10.2024)

All. HC has observed that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims s.....

Tags : Allahabad HC, Arbitral Awards, Retroactive Application



SC: Mere Breach of Contract Not Basis to Initiate Criminal Case for Cheating(06.03.2023)

Supreme Court while observing that criminal Courts are not meant to be used for settling scores or pressurize parties to settle civil disputes, has he.....

Tags : Supreme Court, Breach of Contract, Cheating



Madras HC: Can’t Reduce Legal Professional to a Contract Worker(06.03.2023)

Madras High Court while criticizing State for its Orders determining ceiling limit of fees payable to advocates appearing on behalf of Government, obs.....

Tags : Madras High Court, Legal Professional, Contract Worker



Karnataka HC: Mere Reason to Believe Cannot Be Ground of Assessment Under Section 147 of IT Act(16.02.2024)

Karnataka High Court held that Assessing Officer has to be satisfied that that there is escapement of income and unlike earlier the mere reason to bel.....

Tags : Karnataka High Court, Assessing Officer, S. 147 of IT Act



SC Converts Doctor’s Punishment From Imprisonment to Fine For Not Disclosing Medicine Manufacturer(16.02.2024)

SC while setting aside the sentence of imprisonment imposed on a doctor, has imposed fine of Rs. 1 Lakh, for the offence under Section 18(A) read with.....

Tags : Supreme Court, Manufacturer, S. 28 of Drugs and Cosmetics Act



Supreme Court: Accused Absolved of Charges Under IPC Can’t Be Charged Under UP Gangsters Act(20.02.2024)

SC has held that to prosecute accused under Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986 it should be prov.....

Tags : Supreme Court, S. 3(1) of UP Gangsters Act, Anti-Social Activities



Del. HC: Mitsubishi Corporation Can’t Deduct TDS on The Amount Not Chargeable to Tax in India(20.02.2024)

Delhi High Court has held that TDS cannot be deducted by Mitsubishi Corporation under Section 195(1) of the Income Tax Act, 1961 where the amount that.....

Tags : Delhi High Court, Mitsubishi Corporation, S. 195(1) of IT Act



All. High Court Explains ‘Prima Facie Satisfaction’ of Magistrate Before Summoning/Issuing Process(21.02.2024)

Allahabad High Court has observed that the Magistrate before summoning/issuing process against an accused has to hold an enquiry under Section 202 of .....

Tags : Allahabad High Court, Section 202 of CrPC, Prima Facie Satisfaction



SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act(22.02.2024)

Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973.....

Tags : Supreme Court, Section 378 of CrPC, Section 5 of Limitation Act



SC: Courts Should Aim at Restituting Affected Person Alongwith Setting Aside Arbitrary Admin. Action(22.02.2024)

Supreme Court has stated that the primary duty of constitutional courts remains the control of power, including setting aside of administrative action.....

Tags : Supreme Court, Administrative Actions, Control of Power



Delhi High Court: Can’t Use Senior Citizens Act For Purposes of Property Dispute(23.02.2024)

Delhi High Court has held that the purpose behind enacting Senior Citizens Act, 2007 was to protect the senior citizens from exploitation and not for .....

Tags : Delhi High Court, Senior Citizens Act, Property Dispute



Ker. HC: Registrar of Co-operative Societies A Public Authority, Expected to Provide Information(04.07.2024)

Kerala High Court has held that it is well settled that the Registrar of Co-operative Societies is a public authority and is expected to provide the i.....

Tags : Kerala High Court, Co-operative Societies, S. 2(f) of RTI Act, S. 8 of RTI Act



Allahabad HC: In Consensual Relationships, POCSO Act Being Misused Against Teenagers(05.07.2024)

Allahabad High Court has observed that while the POCSO Act’s primary objective is to protect children under the age of majority from sexual exploitati.....

Tags : Allahabad High Court, POCSO Act, Sexual Exploitation



Kerala High Court: To Constitute Abetment, Intentional Aid by Abettor Must be Shown(05.07.2024)

Ker. HC has held that to constitute abetment, abettor must be shown to have intentionally aided commission of crime. Mere proof that crime charged cou.....

Tags : Kerala High Court, Abetment, S. 16 of POCSO Act, Abettor



BCI Directs SBCs to Initiate Discipl. Action Against Advocates Soliciting Work Through Online Portal(09.07.2024)

Bar Council of India (BCI) has issued directions to State Bar Councils to take disciplinary action against advocates soliciting work through online po.....

Tags : Bar Council of India, Disciplinary Action, Online Platforms



BCI Directs SBCs to Initiate Discipl. Action Against Advocates Soliciting Work Through Online Portal(09.07.2024)

Bar Council of India (BCI) has issued directions to State Bar Councils to take disciplinary action against advocates soliciting work through online po.....

Tags : Bar Council of India, Disciplinary Action, Online Platforms



MP HC: Transferring Accused Merely Because ICC Proceedings are Pending is Unjustified(05.09.2024)

Madhya Pradesh High Court while quashing transfer order against accused under POSH Act, has observed that transferring an accused merely on account of.....

Tags : MP High Court, ICC Proceedings, POSH Act



Kar. HC: Offence Under Widlife Protection Act Shouldn’t be Kept Pending for Very Long(05.09.2024)

Karnataka High Court while dealing with a forest offence committed in the year 2008, has stated that offence under the Wildlife Protection Act, 1972 s.....

Tags : Karnataka High Court, Widlife Protection Act, Forest Offence



Calcutta High Court: Court Cannot Re-appreciate Evidence Under Guise of Patent Illegality(09.09.2024)

Calcutta High Court has held that evidence cannot be re-appreciated by the Court under the guise of patent illegality as per the proviso to Section 34.....

Tags : Calcutta High Court, Evidence, S. 34(2-A) of A&C Act



Supreme Court Directs Protesting Doctors in State of West Bengal to Return to Work(10.09.2024)

Supreme Court has directed the doctors in West Bengal, protesting against the rape and murder of a doctor at the RG Kar Medical College Hospital, to r.....

Tags : Supreme Court, West Bengal, Punitive Action, Medical College



MP HC: MP Municipalities (Second Amendment) Ordinance, 2024 has Retroactive Operation(10.09.2024)

MP HC has held that MP Municipalities (2nd Amendment) Ordinance, 2024 has retroactive operation & would apply to cases, where although no confidence m.....

Tags : MP High Court, Retroactive Operation, No Confidence Motion



Del. HC: For Resolving Complex Disputed Factual Issues, Contempt Proceedings are Inappropriate(12.09.2024)

Delhi High Court has held that for resolving disputed factual issues, initiation of contempt proceedings is not the appropriate forum.

Tags : Delhi High Court, Contempt Proceedings, Factual Issues



Gauhati HC: Arbitration Can be Invoked Despite Existence of Alternative Remedy Under RERA Act(17.06.2024)

Gauhati HC has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Re.....

Tags : Gauhati High Court, RERA Act, Arbitration Act, Real Estate (Regulation and Development) Act



Gujarat High Court Sets Aside Order Which Interfered With Reasoned Arbitration Award(17.06.2024)

Guj. HC while setting aside the order passed by District Judge interfering with arbitral award has held that arbitral awards providing reasoned interp.....

Tags : Gujarat High Court, Section 34, Arbitration and Conciliation Act



Ker.HC:While Ordering Maintenance, Magistrate Must Specify Whether it is Provided under CrPC or HAMA(17.06.2024)

Kerala High Court held that the Magistrate whilst ordering maintenance to the daughter under Section 20(1)(d) of the Domestic Violence Act should spec.....

Tags : Kerala High Court, DV Act, Domestic Violence Act, Hindu Adoptions and Maintenance Act, 1956 , HAMA, Cr.PC



Del. HC: Mandate of Arbitral Tribunal Can be Extended by Court, Even After its Expiry(24.06.2024)

Delhi High Court has held that the court is fully empowered to extend the mandate, even after the expiry of the mandate of the tribunal under Section .....

Tags : Delhi High Court, Arbitral Tribunal, S. 29A(4) of A&C Act



Tel. HC: While Releasing Amount Under S. 19 of MSME Act, Reasons Must be Assigned by Courts(24.06.2024)

Telangana High Court has held that, reasons must be assigned by the court while releasing the amount under Section 19 of the Micro, Small and Medium E.....

Tags : Telangana High Court, MSME Act, Releasing Amount



Tel. HC: Existence & Validity of Arb. Agreement Must be Determined u/s 11(6) of A&C Act by Court(24.06.2024)

Telangana High Court has observed that the Court while exercising the jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 h.....

Tags : Telangana High Court, Arbitration Agreement, S. 11(6) of A&C Act



Tripura High Court: Accused Not Entitled to Bail on Mere Filing of Chargesheet(24.06.2024)

Tripura High Court has held that mere filing of a chargesheet is not a ground at all or has no persuasive value to grant bail to an accused of alleged.....

Tags : Tripura High Court, NDPS Act, Chargesheet



Ker. HC: IO Mixes Contraband Found in Separate Packs, Bail Granted to Accused Booked Under NDPS Act(24.06.2024)

Kerala High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances, 1985(NDPS) possessing contraband after n.....

Tags : Kerala High Court, NDPS Act, Contraband



Supreme Court: Cannot Transfer Cheque Dishonour Complaint on Instance of Accused(25.06.2024)

Supreme Court while dismissing a transfer application sought at the behest of accused, has observed that an accused cannot seek transfer of a case for.....

Tags : Supreme Court, Cheque Dishonour, S. 138 of NI Act



Ker HC: Can Prosecute Guardian of Minor Driving Vehicle w/o Licence Even Before Deter. Minor's Guilt(25.06.2024)

Kerala High Court has observed that proceedings against the guardian of a juvenile or owner of a motor vehicle under section 199A of the Motor Vehicle.....

Tags : Kerala High Court, S. 199A of MV Act, Minor Driving Vehicle



Kar. HC: If Accused Doesn’t Adhere to Settlement Under NI Act, Criminal Proc. Should be Initiated(26.06.2024)

Karnataka High Court has observed that if the accused does not adhere to the settlement between parties in a case under Section 138 of the Negotiable .....

Tags : Karnataka High Court, S. 138 of NI Act, Criminal Proceedings



Tri. HC: No Scope of Appeal u/s 54 of Land Acquisition Act Against Executing Court’s Orders(27.06.2024)

Tripura High Court while dismissing an appeal invoking Section 54 of the Land Acquisition Act, 1894, has observed that there is no scope to prefer any.....

Tags : Tripura High Court, Executing Court, Land Acquisition Act



Sikkim HC: Accused Unable to Engage Counsel Within Requisite Time, Delay of 388 Days Condoned(28.06.2024)

Sik. HC while condoning delay of 388 days in a matter where accused failed to engage a counsel within time, has observed that delays in preferring app.....

Tags : Sikkim High Court, Condonation of Delay, Gross Negligence, Deliberate Inaction



Tel. HC: Filing of Petition u/s 9 of IBC Does Not Bar Initiation of Proceeding u/s 11(6) of A&C Act(01.07.2024)

Telangana High Court has observed that the mere filing of a petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 does not bar initiati.....

Tags : Telangana High Court, S. 9 of IBC, S. 11(6) of A&C Act



MP HC: Accused Cannot be Prosecuted by Married Woman for Rape on False Promise of Marriage(01.07.2024)

Madhya Pradesh High Court while quashing a rape FIR, has observed that on the date of developing physical relationship, the prosecutrix was a married .....

Tags : MP High Court, Married Woman, False Marriage Promise, Misconception of Fact



Del. HC: False Accusation of Child Abuse More Painful than Rigours of Trial and Imprisonment(16.04.2024)

Delhi High Court while acquitting a man in a case under Protection of Children from Sexual Offences Act, 2012 has observed that a child abuser in the .....

Tags : Delhi High Court, False Implication, POCSO Act



Ker. HC: Assessment Order Quashed on Finding that Assessee Not Provided Effective Hearing(16.04.2024)

Ker. HC quashed an assessment order passed under the Income Tax Act, 1961, and held that since the assessee was not able to log in through link for vi.....

Tags : Kerala High Court, Assessment Order, Income Tax Act, 1961, Principles of Natural Justice



Cal. HC: WB Government Directed to Finalise Minimum Wage of Tea Plantation Workers Within Six Weeks(17.04.2024)

Calcutta High Court has directed the State of West Bengal to decide the issue of minimum wages of tea plantation workers under the Minimum Wages Act, .....

Tags : Calcutta High Court, State of West Bengal, Minimum Wages Act, 1948



Del. HC: Proceed. Under SARFAESI Act and RDDB Act Can Continue Parallelly as They are Complimentary(18.04.2024)

Delhi HC has held that proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(SARFESI).....

Tags : Delhi High Court, SARFAESI, RDDB Act



Cal. HC: To Prevent Arbitral Awards from Becoming Meaningless They Should be Made Real(19.04.2024)

Calcutta High Court while hearing an application under Section 9 of the Arbitration and Conciliation Act, 1996, has held that serious attempts must be.....

Tags : Calcutta High Court, S.9 of A&C Act, Arbitral Awards



8 Weeks Time Given to UP Govt. to Consider Need for Guidelines on Invocation of Gangsters Act(22.04.2024)

Supreme Court has given eight weeks time to the Government of Uttar Pradesh for considering the need to lay down guidelines for invocation of the Utta.....

Tags : Supreme Court, Government of Uttar Pradesh, Guidelines, Gangsters Act



Bom. HC: State Cannot Impose any Condition on the Allotment that May Lead to Loss of the Land(01.11.2023)

Bombay High Court has held that any condition leading to revoking of land allotment which was allotted pursuant to land acquisition by State, would no.....

Tags : Bombay High Court, Allotment, Resettlement Act



JH HC: Accused Must be Granted Time to Show Mitigating Factors in Hearing Related to Death Penalty(02.11.2023)

Jharkhand High Court has held that in every case where the statute provides death penalty the Court must adjourn “further” hearing on sentence after c.....

Tags : Jharkhand High Court, Death Penalty, Mitigating Factors



Kar. HC: Media Must Comply With Cable TV Act While Carrying Out Sting Operations(08.11.2023)

Karnataka High Court while observing that sting operations are healthy; but they should be ‘healthy sting operations’ i.e. in accordance with law, has.....

Tags : Karnataka High Court, Sting Operations, Cable TV Act



JKL HC: Order u/s 12 DV Act can’t be Challenged u/s 482 CrPC Unless Remedy of Appeal is Availed(09.11.2023)

Jammu and Kashmir and Ladakh High Court has held that unless the remedy of statutory appeal is availed, orders passed under Section 12 of Protection o.....

Tags : Jammu and Kashmir and Ladakh High Court, DV Act, CrPC



SC: EPF Act Can be Applied Even to Factories Not Engaged in Schedule 1 Industries(10.11.2023)

SC while deciding the issue of applicability of EPF Act, 1952 has held that as per Clause (b) of Section 1(3), EPF Act is applicable to all establishm.....

Tags : Supreme Court, EPF Act, 1952



Ker. HC: Reservation Under CEI (Reservation & Admission) Act Applies to IIMs(10.11.2023)

Kerala High Court has held that Indian Institute of Management (IIM), Kozhikode would have to follow the reservation policy stipulated under the Centr.....

Tags : Kerala High Court, Indian Institute of Management, Central Educational Institutions (Reservation and Admission) Act



SC Reserves Judgement on Striking Down UP Madarsa Education Act, 2004(23.10.2024)

SC while reserving judgement on petitions filed against judgment of the Allahabad High Court striking down 'Uttar Pradesh Board of Madarsa Education A.....

Tags : Supreme Court, Allahabad High Court, Madarsa Education Act



Bom HC: Non-Disposal of Registration Application in 6 Months Would Not Result in Deemed Registration(24.10.2024)

Bombay High Court has clarified that non-disposal of application for registration by granting or refusing registration, before the expiry of six month.....

Tags : Bombay High Court, Income Tax Act, Registration



Del. HC: Can’t Award Compensation for Breach of Contract in Absence of Legal Injury(24.10.2024)

Delhi High Court has held that in case of breach of contract, if there is absence of legal injury then no compensation can be awarded for such breach.

Tags : Delhi High Court, Breach of Contract, Legal Injury



J&K HC: Certificate of Insurance under MV Act Includes a Cover Note(24.10.2024)

J&K HC has observed that Section 145(b) of the Motor Vehicles Act, 1988 prescribes that 'Certificate of Insurance' means a certificate and includes a .....

Tags : J&K High Court, MV Act, Cover Note



SC: Accused Liable to Provide Explanation When Offence is Committed Within Privacy of their House(28.10.2024)

The Supreme Court has observed that failure of accused to offer explanation can be treated as an adverse circumstance against them as per Section 106 .....

Tags : Supreme Court, Indian Evidence Act, 1872, adverse circumstance



Delhi High Court Grants Bail to Vaibhav Jain and Ankush Jain in the PMLA Case(30.10.2024)

Delhi High Court has allowed bail application of Vaibhav Jain and Ankush Jain in the money laundering case involving AAP leader Satyendra Jain on the .....

Tags : Delhi High Court, Prevention of Money Laundering Act , Vaibhav Jain, Ankush Jain



SC: Deemed Income of Homemaker Can’t Be Less Than Daily Wages Prescribed Under Minimum Wages Act(23.02.2024)

Supreme Court while granting compensation of Rs. 6 Lakh for the death of a woman, has held that the deceased was a homemaker, her direct and indirect .....

Tags : Supreme Court, Minimum Wages Act, Compensation



Calcutta High Court: Court Not Merely Obligated to Appoint Arbitrator u/s 11(6) of A&C Act(23.02.2024)

Calcutta High Court has held that Court under Section 11(6) of Arbitration and Conciliation Act is not merely obligated to appoint an arbitrator but c.....

Tags : Calcutta High Court, Section 11(6) of A&C Act, Appointment



Cal HC: High Court Lacks Jurisd. When Application u/s 9A of A&C Act Filed Before Commercial Court(26.02.2024)

Calcutta High Court has held that if an application under Section 9A of Arbitration and Conciliation Act, 1996 (A&C Act) has been filed before a comme.....

Tags : Calcutta High Court, Section 9A of A&C Act, Jurisdiction, Commercial Court



Cal. HC: Clause in GCC Specifying App. of Officers For Arbitration Violative of S. 12(5) of A&C Act(26.02.2024)

Calcutta High Court has held that General Conditions of Contract (GCC) Clause that stipulates appointment of three gazetted officers of railway for ar.....

Tags : Calcutta High Court, General Conditions of Contract, S. 12(5) of A&C Act



Supreme Court Upholds Constitutional Validity of UP Madarsa Education Act, 2004(05.11.2024)

SC while setting aside Allahabad High Court’s judgement that struck down the UP Board of Madarsa Education Act, 2004, has upheld the constitutional va.....

Tags : Supreme Court, Madarsa Education Act, Constitutional Validity



J&K HC: Complainant/Dependent to be Heard if Accused files Bail Application Under SC/ST Act(06.11.2024)

J&K High Court has observed that on filing of a bail application for being released in a case under the SC/ST (Prevention of Atrocities Act), 1989 the.....

Tags : J&K High Court, Bail Application, SC/ST Act



SC: Limitation Period of 2 Years to be Applicable on Dues Incurred after Enforcement of 2003 Act(07.11.2024)

Supreme Court has held that the limitation period of two years prescribed for recovery of dues under Section 56 of the Electricity Act, 2003 would app.....

Tags : Supreme Court, Electricity Act, Recovery of Dues



SC: Officers of DRI are ‘Proper Officers’ for Purpose of Section 28 of Customs Act(08.11.2024)

SC has held that the officers of DRI, Commissioners of Customs-Preventive, Directorate General of Central Excise Intelligence, and Commissioners of Ce.....

Tags : Supreme Court, Customs Act, Proper Officers



HP HC: No Application of Section 29A of A&C Act on Proceedings Commencing before 2015 Amendment Act(08.11.2024)

Himachal Pradesh High Court has affirmed that Section 29A of Arbitration and Conciliation Act, 1996 shall not apply on arbitration proceedings that co.....

Tags : Himachal Pradesh HC, 2015 Amendment Act, Arbitration Proceedings



Madras HC: No Law Which Fixes Number of Persons Who Can Appear for/Accompany a Party to Court(08.11.2024)

Madras High Court while dismissing a petition seeking restriction on number of persons appearing and accompanying a VIP litigant, has stated that ther.....

Tags : Madras High Court, Enactment, Accompany



SC: People Unaware that Age of Consent for Sexual Intercourse has been Raised from 16 to 18 Years(09.07.2024)

Supreme Court while dismissing the Madhya Pradesh government’s appeal against the acquittal of the accused under the POCSO Act, has observed that awar.....

Tags : Supreme Court, POCSO Act, Age of Consent



SC: Arbitrary Termination of Contract Erode Trust of Private Parties from Public Procurement Process(11.07.2024)

SC has held that when public authorities enter into contracts, they create legitimate expectations that the State will honour its obligations. Arbitra.....

Tags : Supreme Court, Public Procurement Process, Termination of Contract



SC: Central Government has Administrative Control & Superintendence Over CBI(11.07.2024)

Supreme Court has observed that under the scheme of the Delhi Special Police Establishment Act of 1946, it is revealed that the Central Bureau of Inve.....

Tags : Supreme Court, CBI, DSPE Act



SC: Fine Imposed on Mercedes Benz for Deficiency of Service & Unfair Trade Practice, Upheld(11.07.2024)

SC has upheld the fine of Rs. 10 Lakhs imposed on Mercedes Benz India Private Limited for deficiency of service and unfair trade practice on the groun.....

Tags : Supreme Court, Mercedes Benz, Deficiency of Service, Unfair Trade Practice



Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses(15.07.2024)

Delhi High Court has held that for granting the request to summon a witness under section 27(1) of the Arbitration and Conciliation Act, 1996, the arb.....

Tags : Delhi High Court, S. 27(1) of A&C Act, Summon Witnesses



Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses(15.07.2024)

Delhi High Court has held that for granting the request to summon a witness under section 27(1) of the Arbitration and Conciliation Act, 1996, the arb.....

Tags : Delhi High Court, S. 27(1) of A&C Act, Summon Witnesses



Ker. HC: Foreign Travellers Overstaying After Expiry of Docs. Can’t be Treated as Infiltrators(12.09.2024)

Kerala High Court has observed that foreign nationals who entered India with valid documents and continued to stay even after expiry of such documents.....

Tags : Kerala High Court, Foreign Nationals, Foreigners Act



Del. HC: Reopening Assessment on Basis of Estimation Report by DVO isn’t Sustainable(12.09.2024)

Delhi High Court has observed that report/estimate of the Valuation Officer cannot be the sole ground for re-opening assessment under Section 148 of I.....

Tags : Delhi High Court, Valuation Officer, S. 148 of IT Act, Estimation Report



SC: Can’t Reject Election Petition at Threshold When there is Compliance of Provisions of RP Act(16.09.2024)

Supreme Court has held that an Election Petition should not be rejected at the very threshold when it discloses a cause of action and there is substan.....

Tags : Supreme Court, Election Petition, RP Act



All. HC: No Period of Limitation in Suit for Declaration of Matrimonial Status of Parties(16.09.2024)

Allahabad High Court has held that it is abundantly clear that no period of limitation is prescribed for a Suit or proceeding for declaration of matri.....

Tags : Allahabad High Court, Matrimonial Status, Family Courts Act



SC: No Demolition Except for Unauthorised Construction to Take Place Without Permission of the Court(18.09.2024)

SC while hearing pleas against bulldozer actions in several States, has ordered that there shall be no demolitions without seeking leave of the court......

Tags : Supreme Court, Unauthorised Construction, Bulldozer Actions



SC: Centre Made Party to Interpret the Word ‘Person’ Under Consumer Protection Act(19.09.2024)

Supreme Court while hearing a issue whether charitable trust can be considered a “consumer”, has made the Union of India a party in the case for assis.....

Tags : Supreme Court, Consumer Protection Act, Charitable Trust, Union of India



SC: View that Delay Beyond 120 Days In Appeal u/s 37 Can’t Be Condoned, May Require Reconsideration(19.09.2024)

Supreme Court has held that the view that delay beyond the period of 120 days in preferring an appeal under Section 37 of the Arbitration and Concilia.....

Tags : Supreme Court, S. 37 of A&C Act, 120 Days



Raj. HC: MACT Empowered to Recall Order if Obtained through Fraud or Misrepresentation(20.09.2024)

Raj. HC has held that generally a Motor Accidents Claims Tribunal does not have the jurisdiction to deal with a review application under Order 47 of C.....

Tags : Rajasthan High Court, MACT, Review Application



IT Rules Amendment 2023: Bombay High Court Strikes Down Amendment on Fact Check Units(20.09.2024)

Bom. HC has struck down IT Rules Amendment 2023 that authorized the Central Government to establish Fact Check Units for identification of false or fa.....

Tags : Bombay High Court, IT Rules, Fact Check Units



IT Rules Amendment 2023: Bombay High Court Strikes Down Amendment on Fact Check Units(20.09.2024)

Bom. HC has struck down IT Rules Amendment 2023 that authorized the Central Government to establish Fact Check Units for identification of false or fa.....

Tags : Bombay High Court, IT Rules, Fact Check Units



SC: Government is Under Obligation to Impart Sex Education & Awareness about POCSO Act(24.09.2024)

SC has held that the obligation of the appropriate government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at.....

Tags : Supreme Court, Sex Education, POCSO Act



SC Recalls Judgement Holding 2018 Amendment to SRA to be Applicable Prospectively(11.11.2024)

Supreme Court while exercising its review jurisdiction, has recalled its 2022 judgement in which it was held that the amendment to the Specific Relief.....

Tags : Supreme Court, Specific Relief Act, Review Jurisdiction



SC: Public Sector Undertakings Can’t Appoint Arbitrators Unilaterally(11.11.2024)

SC has held that Public Sector Undertakings cannot, unilaterally appoint arbitrators for deciding disputes with private contractors. It was further he.....

Tags : Supreme Court, Private Contractors, Public Sector Undertakings



Del. HC: Heavy Reliance on Sale Deed to Establish Agricultural Character of Land Would Be Misplaced(11.11.2024)

Del. HC has held that sale deed primarily reflects transaction between parties and terms of sale, but it does not, in itself, verify the land's classi.....

Tags : Delhi High Court, Sale Deed, Agricultural Character



Bom. HC: Daughter Will Not Have Right to Inherit Father’s Property, if He Died Prior to 1956 Act(14.11.2024)

Bombay High Court has held that if the father has died before the enforcement of the Hindu Succession Act, 1956 then the daughter will not have any ri.....

Tags : Bombay High Court, Hindu Succession Act, Right of Inheritance



Ker HC: Effect of RPwD Act Can’t be Taken Away by Conditions in Prospectus of Educational Institutes(24.09.2024)

Kerala High Court has stated that the effect of the RPwD Act, 2016 cannot be taken away by certain conditions imposed in the prospectus of educational.....

Tags : Kerala High Court, Educational Institutes, RPwD Act



Allahabad High Court: Once a Special Act Holds the Field, Provisions of General Law Would Not Apply(26.09.2024)

All. HC has held that the Securities and Exchange Board of India Act, 1992 is a Special Act, which shall prevail over the general act, such as IPC, 18.....

Tags : Allahabad High Court, Special Act, General Law



Bom. HC: Division Bench Declares Amendment to IT Rules, 2021 as Unconstitutional(27.09.2024)

Division Bench of Bombay High Court while allowing the appeals against amendments to IT Rules, 2021, has struck down the amendment that allowed Centra.....

Tags : Bombay High Court, IT Rules Amendment, Fact Check Units



Cal HC: Enterprise Contracting with Govt Recognised Concessionaire Can be Granted Benefit of S. 80IA(27.09.2024)

Calcutta High Court has held that benefit of deduction under Section 80IA(4) of the Income Tax Act, 1961 can be granted to an enterprise contracting w.....

Tags : Calcutta High Court, S. 80IA of IT Act, Infrastructural Facility



Cal. HC: 90 Day Timeline for Completion of Arbitral Proceedings Under MSME Act is Directory(03.10.2024)

Cal. HC has held that under Section 18(5) of MSME Act, the ninety day timeline given for completion of arbitral proceeding is directory, not mandatory.....

Tags : Calcutta High Court, MSME Act, Arbitral Proceeding



SC: Criminal Cases Having Civil Character Should be Quashed When Parties Resolved Disputes(04.10.2024)

SC has stated that criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions o.....

Tags : Supreme Court, Civil Character, Criminal Cases



Ker. HC: Second Opinion to Determine Authenticity of Disability Certificate Can be Sought by MACT(16.07.2024)

Ker. HC has observed that MACT cannot sit as mute spectators while considering claims and are expected to take a pro-active role in decision making pr.....

Tags : Kerala High Court, MACT, Disability Certificate, Second Opinion



Ker. HC: Sexual Intercourse Which is Not the Outcome of Misconception of Fact is Not Rape(17.07.2024)

Kerala High Court while considering quashment of a criminal proceeding initiated against a man for raping a woman, has observed that if the materials .....

Tags : Kerala High Court, Misconception of Fact, Sexual Relationship



Bombay High Court: Section 23 of MCS Act Promotes Open Membership(17.07.2024)

Bombay High Court has observed that Section 23 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) promotes concept of open membership and b.....

Tags : Bombay High Court, MCS Act, Open Membership



SC: Dispute regarding Discharge of Contract is Arbitrable as per Arbitration Agreement(22.07.2024)

SC has observed that once contract has been discharged by performance, no right to seek performance, or to perform any obligation remains under it but.....

Tags : Supreme Court, Arbitration Agreement, Discharge of Contract



Order Holding that Watching Child Porn Isn’t an Offence, Recalled by Karnataka HC(22.07.2024)

Karnataka High Court has recalled the order in which it was held that watching child pornography online is not an offence under Section 67B of the Inf.....

Tags : Karnataka High Court, S. 67B of IT Act, Child Pornography



Maras HC: TN Law Regulating Online Games Won't Apply To Games of Skill Like Poker & Rummy(10.11.2023)

Madras HC while upholding the validity of the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act 2022 has observed that the .....

Tags : Madras HC, Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act 2022



Delhi HC: Merely Because Complainant Married to Accused Does Not Entail Quashing of Rape, POCSO FIR(10.11.2023)

Delhi High Court has observed that merely because the complainant married the accused does not entail quashing of an FIR registered against him for th.....

Tags : Delhi High Court, Protection of Children from Sexual Offences Act, 2012



P&H High Court Scraps Haryana's Law Mandating 75% Quota in Private Sector(17.11.2023)

Punjab and Haryana High Court has struck down the controversial Haryana State Employment of Local Candidates Act, 2020 mandating 75% reservation for r.....

Tags : Punjab and Haryana High Court, Haryana State Employment of Local Candidates Act, 2020



Ker HC: Detention Order Must Reflect How Public Order Would be Vitiated if the Person isn’t Detained(20.11.2023)

Kerala High Court has held that detention order must reflect how public order would be vitiated if the person concerned is not detained invoking the p.....

Tags : Kerala High Court, Detention Order, Anti-Social Activities



Kar. HC: Repeal of Section 23 of Hindu Succession Act has Retroactive Effect(20.11.2023)

Karnataka High Court has held that Section 23 of Hindu Succession Act while was repealed by the Amendment Act of 2005, is prospective in operation wit.....

Tags : Karnataka High Court, Hindu Succession Act, Retroactive Effect



SC: If Construction of Building Essential for Carrying Supplying Services, it Can be Held as a Plant(04.10.2024)

SC has held that if construction of a building was essential for carrying out activity of supplying services such as renting or lease or other transac.....

Tags : Supreme Court, Supplying Services, CGST Act, 2017



Mad. HC: Can Attach Properties Purchased Prior to Offence if Criminal Activity Held Outside Country(04.10.2024)

Madras High Court has observed that in respect of properties purchased prior to scheduled offence under the Prevention of Money Laundering Act, 2002 s.....

Tags : Madras High Court, Criminal Activity, PMLA



SC: Government Bodies Expected to Uphold Fairness & Equality While Dealing With Contractual Matters(07.10.2024)

SC has stated that Govt. bodies are expected to uphold fairness, equality & public interest while dealing with contractual matters. Right to equality .....

Tags : Supreme Court, Contractual Matters, Government Bodies



Ori. HC: Fact-Finding Inquiry Makes it Permissible to Not Give Opportunity of Hearing to Employee(08.10.2024)

Ori. HC while differentiating between fact finding inquiry & disciplinary inquiry, has held that the very nature of fact-finding inquiry makes it perm.....

Tags : Orissa High Court, Fact-Finding Inquiry, Opportunity of Hearing



Bom. HC: For Exemption Under Notification u/s 15(1) of Bombay Rent Act, Purchase of Goodwill is Must(10.10.2024)

Bombay High Court has observed that in order to obtain the benefit under notification issued by the State Government under Section 15(1) of the Bombay.....

Tags : Bombay High Court, Bombay Rent Act, Goodwill



Ker. HC: Physical Contact as Part of Resistance Can’t be Called Explicit Sexual Overture(11.10.2024)

Kerala High Court has held that physical contact as part of resistance could not be held as the one which advanced unwelcome and explicit sexual overt.....

Tags : Kerala High Court, Sexual Overtures, Physical Contact



SC: Starting Point of Limitation Commences from the Date the Defendant's Possession Becomes Adverse(16.10.2024)

Supreme Court has held that in terms of Article 65 of the Limitation Act, 1963 the starting point of limitation would not commence from the date when .....

Tags : Supreme Court, Limitation Act, Right of Ownership



Kerala HC: Person Exhibiting Naked Body to Child Would Attract POCSO Act(16.10.2024)

Kerala High Court has stated that when a person exhibits naked body to a child, the same is an act intending to commit sexual harassment upon a child .....

Tags : Kerala High Court, Naked Body, POCSO Act



Del. HC: Provisions of Guardians and Wards Act Can’t Curtail Right of Appeal Under Family Courts Act(17.10.2024)

Delhi High Court has stated that the provisions of the Guardians and Wards Act, 1890 could not curtail the right of appeal available to an individual .....

Tags : Delhi High Court, Right of Appeal, Family Courts Act



P&H HC: If Jurisdic. AO Issues Notice u/s 148 of IT Act, Object of Faceless Assessment Gets Defeated(23.07.2024)

Punjab and Haryana High Court has held that after introduction of faceless assessment scheme, a notice under Section 148 of Income Tax Act, 1961 canno.....

Tags : P&H High Court, Faceless Assessment Scheme, S. 148 of IT Act



SC: Customs Duty to be Paid by Owner Even When Confiscated Goods are Redeemed by Paying Fine(24.07.2024)

Supreme Court has held that the owner of goods has a liability to pay customs duty, even after confiscated goods are redeemed after payment of fine un.....

Tags : Supreme Court, S. 125 of Customs Act, Confiscated Goods, Customs Duty



Del. HC: Arbitral Award Gets Vitiated if Basic Contractual Framework Misunderstood(25.07.2024)

Delhi High Court has held that if there is any misreading/misunderstanding of the basic contractual framework, the award gets vitiated and makes it vu.....

Tags : Delhi High Court, Contractual Framework, A&C Act



SC: Cannot Direct Company’s Authorized Signatory to Pay Interim Compensation(26.07.2024)

SC has stated that authorized signatories can bind company through their actions but they do not merge their legal status with that of the company. Th.....

Tags : Supreme Court, Authorized Signatories, S. 143A of NI Act



MP HC: Party Required to Lay Factual Foundation for Getting Benefit of Section 65 of Evidence Act(26.07.2024)

Madhya Pradesh High Court has observed that it is well settled principle of law that when a photocopy of the document is produced, then in order to ge.....

Tags : Madhya Pradesh High Court, Factual Foundation, S. 65 of IEA, Secondary Evidence



P&H HC: Matter Can be Referred to Arbitration Under MSMED Act in Absence of Arbitration Agreement(14.06.2022)

Punjab and Haryana High Court has held that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitra.....

Tags : Punjab and Haryana High Court, Arbitration, MSMED Act



NCLT: Issue of Post Dated Cheques is Not Unqualified Admission of Debt(15.06.2022)

National Company Law Tribunal (NCLT), Allahabad Bench has held that issuance of post dated cheques cannot be taken to be unqualified admission of debt.....

Tags : NCLT, Negotiable Instruments Act, Post Dated Cheques



Rajasthan HC: Citizenship Can’t be Determined Based on Definition of ‘Resident’ Under IT Act(16.06.2022)

Rajasthan High Court has held that the definition of the term ‘resident’ under the Income Tax (IT) Act, 1961 is designed for including persons in the .....

Tags : Rajasthan High Court, Citizenship, Income-Tax Act



Karnataka HC: Wife Leveling Unsubstantiated Allegations of Husband Being Impotent Amounts to Cruelty(17.06.2022)

Karnataka High Court has held that a wife calling her husband an impotent without legally substantiating the same by itself would amount to cruelty wi.....

Tags : Karnataka High Court, Cruelty, Hindu Marriage Act



Bombay HC: Forwarding of Woman's Nude Video is ‘Sexually Explicit Act’ Under IT Act(17.06.2022)

Bombay High Court has in a plea for anticipatory bail held that a man accused of forwarding a married woman's nude video to several people would be an.....

Tags : Bombay High Court, Sexually Explicit Act, Nude Video



Gauhati HC: Only Food Inspector Can Investigate Offence Related to Food Items as Per FSS Act(20.06.2022)

Gauhati High Court has held that only a Food Inspector can investigate a commission of offence related to food items as per the Food Safety Standards .....

Tags : Gauhati High Court, FSS Act, Food Inspector



ITAT: Short Term Capital cannot be carried forward as it has not been claimed through a Return filed(21.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that short term capital cannot be carried forward as it has not been claimed through a ret.....

Tags : ITAT, Short Term Capital, Income-Tax Act



Orissa HC: State Vigilance Department Can't be Completely Exempted from RTI Act(22.06.2022)

Orissa High Court has held that the State Vigilance Department cannot be completely exempted from Right to Information (RTI) Act, 2005 and directed th.....

Tags : Orissa High Court, State Vigilance Department, Right to Information Act



Karnataka HC: Abuses Hurled in Basement Which was Not in Public View is Not Offence(22.06.2022)

Karnataka High Court while quashing proceedings under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, has he.....

Tags : Karnataka High Court, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act



CBDT Issues Guidelines on 1% TDS on Virtual Digital Assets from 1st July(23.06.2022)

Central Board of Direct Taxes (CBDT) has issued guidelines to levy one percent TDS on the virtual digital assets under Section 194S of the Income Tax .....

Tags : CBDT, Virtual Digital Assets, Income-Tax Act



Patna HC to GST Dept.: Submit Report on Action Against Smuggling & Liquor Manufacture(23.06.2022)

Patna High Court has directed the GST department, Police and Chief Secretary of the State to file a detailed report on the steps taken for the effecti.....

Tags : Patna High Court, Bihar Prohibition and Excise Act, Smuggling



ITAT: Prima Facie Belief That There is Escape of Income is Sufficient Proof to Re-Open Assessment(23.06.2022)

Income Tax Appellate Tribunal (ITAT), Pune Bench has held that prima facie belief that there is the escape of income is sufficient proof to initiate r.....

Tags : ITAT, Income Tax Act, 1961, Reassessment



Kerala HC Allows Development of Embryo Kept Frozen by Couple for 8 Years(23.06.2022)

Kerala High Court while allowing development of embryo kept frozen by couple for 8 years has held that Assisted Reproductive Technology (Regulation) A.....

Tags : Kerala High Court, Assisted Reproductive Technology (Regulation) Act, 2021



MHA Extends FCRA Validity of NGO’s With Pending Renewal(24.06.2022)

Ministry of Home Affairs (MHA) has extended the Foreign Contribution (Regulation) Act [FCRA] validity of NGO’s with pending renewal till 30th Septembe.....

Tags : Ministry of Home Affairs, Foreign Contribution (Regulation) Act, NGO



CCI Orders Investigation Against Bookmyshow for Alleged Unfair Competition Practices(24.06.2022)

Competition Commission of India (CCI) has ordered an investigation against Bookmyshow for alleged unfair competition practices and sought a report fro.....

Tags : Competition Commission of India, Bookmyshow, Unfair Competition Practices



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