News Updates
Once Magistrate Seeks Preliminary Report On Allegations Made In Application U/S 156(3) CrPC, Police Cannot Straightaway Lodge FIR: Jammu & Kashmir HC
The Jammu and Kashmir and Ladakh High Court recently observed that when a Magistrate directs a preliminary enquiry under Section 156(3) CrPC and the police without reporting back to the Magistrate straightway goes on to file an FIR without any direction thereto, the same amounts to usurpation of the powers of the Magistrate.The observations were made by Justice Sanjay Dhar while hearing a plea...
Fee Earned By APMC For Regulating Poultry Market, Exempt Under S. 10(26AAB) of Income Tax Act: Delhi High Court
The Delhi High Court has ruled that the income/ fee earned by an Agricultural Produce Marketing Committee (APMC) for regulating the poultry market, would fall within the scope of Section 10(26AAB) of the Income Tax Act, 1961, and thus the same would be exempt from income tax. Rejecting the argument of the revenue department that unless income which is earned by an APMC is relatable...
Bombay High Court Raps Maharashtra Govt Over Refusal To Extend Reservation For Orphan Students To Abandoned Children
The Bombay High Court on Thursday came down heavily on the Maharashtra Government for its refusal to extend the 1% reservation for orphan students in education, to abandoned children as well.A division bench of Justices Gautam Patel and Neela Gokhale also criticized the State’s combative approach while responding to most petitions. “When will this government wake up and realize it is not...
Delhi High Court Grants Bail To Shakti Bhog CMD Kewal Krishan Kumar In Money Laundering Case
The Delhi High Court on Friday granted bail to Kewal Krishan Kumar, chairman and managing director (CMD) of Delhi-based Shakti Bhog Foods Limited, in a money laundering case. Justice Jasmeet Singh granted the relief to Kumar in the case registered by Enforcement Directorate."I have held applicant is not sick but he is entitled to bail," Justice Singh said, while pronouncing the order. Kumar...
Arbitral Tribunal’s Order Rejecting Party’s Request To File Counter Claims On Ground Of Delay, Doesn’t Foreclose Its Right To Invoke Arbitration: Delhi High Court
The Delhi High Court has ruled that the Arbitral Tribunal’s order rejecting a party’s request to file counter claims on the ground of delay, does not foreclose its right to invoke arbitration seeking independent reference of its claims. The bench of Justice Prateek Jalan remarked that, when arbitration proceedings are invoked at the instance of one party, it is generally open to...
Participation In A Civil Suit Filed By Partner, Doesn’t Operate As Waiver Of Right To Invoke Arbitration: Delhi High Court
The Delhi High Court has ruled that, merely because the defendant participated in a civil suit filed by the plaintiff, he cannot be said to have waived his right to invoke arbitration with respect to all future litigation between the parties under the Agreement. The bench of Justice Neena Bansal Krishna held that participation of a party in a civil suit instituted by a partner, would...
Acquittal For Cruelty Upon Wife Based On Compromise, Not Merits: Bombay High Court Says Dismissed Constable Not Entitled To 100% Backwages
The Bombay High Court recently held that a man whose conviction for cruelty to wife was set aside due to compromise and not merits would not be entitled to 100 percent back wages during the period of his dismissal from service.A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep V Marne set aside a Maharashtra Administrative Tribunal order granting 100 percent back...
Reassessment Notices Issued After Elapse Of Six Years: Gujarat High Court Quashes Assessment
The Gujarat High Court has held that the reassessment notices were issued after the lapse of six years and are therefore time-barred.The single bench of Justice Sonia Gokani has observed that the board's circulars and instructions are binding only on the departmental authorities and not on the court or the assessee.The petitioners/assessees challenged the reassessment notice dated July 26,...
Competent Authority Cannot Make Corrections Once Land Acquisition Award Passed Under National Highways Act: Bombay High Court
The Bombay High Court recently held that once a land acquisition compensation award is passed under the National Highways Act, 1956 by the competent authority, the authority cannot make corrections in it.A division bench of Justice RD Dhanuka and Justice MM Sathaye held – “The National Highways Act, 1956 being the self-contained code, the provisions of Section 33 of the Fair Compensation...
Personal Appearance Of Accused Not Necessary At Stage Of Examination Under Section 251 CrPC: Andhra Pradesh High Court
In a recent case, the Andhra Pradesh High Court reiterated that the personal appearance of the accused at the stage of examination under Section 251 CrPC is not required.The single bench of Justice K. Sreenivasa Reddy opined that in a summons case, when the accused is brought before the magistrate, Section 251,CrPC requires that the accused be informed of the offence and asked to plead guilty...
Track Your Taxes And TDS Just On A Click: Income Tax Department Launches AIS Application
The Income Tax Department has launched a Mobile app for Taxpayers to view Annual Information Statements (AIS).AIS App is a free mobile application, provided by the Income Tax Department, Government of India. The app is meant to provide a comprehensive view of the Annual Information Statement (AIS), which is a collection of various information pertaining to a taxpayer. Taxpayers can...
Service Tax Not Payable On The Service Charges For Prepayment Of Loan Amount By The Customer: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that service charges for pre-payment or foreclosure of loan amounts by the customer cannot be treated as taxable services and are not chargeable to service tax.The two-member bench headed by Justice Dilip Gupta (President) and Hemambika R. Priya (Technical Member) has observed that foreclosure...