S.148 NI Act | Appellate Court Has 'Sole Discretion' To Direct Deposit Of Minimum 20% Compensation Amount: Gujarat High Court

The Gujarat High Court has said that appellate court under Section 148 of the Negotiable Instruments Act has the sole discretion to direct a person challenging conviction for cheque dishonour to deposit 20% of the compensation amount, while considering the attending circumstances. Section 148 pertains to power of Appellate Court to order payment pending appeal against conviction. The...

Delhi High Court Orders Economic Offences Wing To Probe Alleged Forgery Of Customs Stamps At Airport

The Delhi High Court has asked the Economic Offences Wing of the Delhi Police to conduct an enquiry into alleged forgery of Customs stamps at the Delhi International Airport.A division bench comprising ​​justices Prathiba M. Singh and Shail Jain passed the direction after the Department claimed that the Customs stamp on an air traveller's representations in connection with their seized...

'Acnestar' Phonetically Similar To 'Acnescar': Delhi High Court Rules In Favour Of Mankind Pharma In Trademark Infringement Suit

The Delhi High Court has restrained Maharashtra-based Brinton Pharmaceuticals from using the mark ACNESCAR, or any other mark which is confusing or deceptively similar to Mankind Pharma's ACNESTAR.A division bench comprising Justices C. Hari Shankar and Om Prakash Shukla observed that ACNESCAR is phonetically nearly identical to ACNESTAR and unless the two words are pronounced syllable...

MP High Court Grants Anticipatory Bail To Woman Booked In Cheating FIR For Developing 'Unauthorized Colony'

The Madhya Pradesh High Court granted anticipatory bail to a woman accused of developing an unauthorised colony and selling plots in Sagar District without the requisite permissions. The court directed the applicant to cooperate with the investigating agency and shall also appear on the date and time, as directed by the Investigating Officer. The woman has been booked for cheating (Section...

Mere Registration Of FIR Or Pendency Of Proceedings Before DRT Does Not Bar Reference To Arbitration: Bombay High Court

The Bombay High Court bench of Justice Advait M. Sethna has held that the disputes between Mangal Credit and Fincorp Limited and Ulka Chandrshekhar Nair are arbitrable under the Arbitration and Conciliation Act, 1996 (Arbitration Act) even though allegations of fraud and forgery were raised and a criminal was filed in which no progress has been made. The Court further held...

Voluntarily Filed Returns Cannot Be Revised Through Additional Evidence Under Rule 29 ITAT Rules: Kerala High Court

The Kerala High Court held that voluntarily filed returns cannot be revised through additional evidence under Rule 29 of the ITAT Rules (Income Tax (Appellate Tribunal) Rules, 1963). Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963 permits the Tribunal to admit additional evidence for any substantial cause. Justices A. Muhamed Mustaque and Harisankar V. Menon...

Compulsory Retirement Order Passed In Public Interest Not Punishment: Gujarat High Court Upholds Premature Retirement Of Judge

Upholding the premature retirement of a judicial officer in 2016, the Gujarat High Court observed that an order of compulsory or premature retirement made in public interest or in the interest of administration is not a punishment. The court dismissed a plea moved by a former judicial officer challenging a 2016 notification notifying his premature retirement, who was serving as an...

'Arrest Brings Humiliation, Casts Scars Forever': Bombay High Court Orders Maharashtra Govt To Pay ₹1 Lakh For Illegal Arrest

The Bombay High Court recently imposed a cost of Rs 1 lakh on the Maharashtra government for wrongly invoking offences against a Karnataka-based man and thereafter illegally arresting him and keeping him in custody for nearly 20 days. A division bench of Justices Revati Mohite-Dere and Sandesh Patil noted that two officers - Pradeep Kerkar and Kapil Shirsath, Inspector and Police Sub-Inspector...

Karnataka HC Upholds Amendments To Civil Courts Act & High Court Act On Jurisdiction To Hear Appeals, Strikes Down Retrospective Operation

The Karnataka High Court has upheld the amendments made to the Karnataka Civil Courts Act, 1964 and the Karnataka High Court Act, 1961 insofar as it relates to appeals from the Civil Judge (Senior Division) lying to the District Court, and the first appeals lying to the High Court from the City Civil Court being heard by a Single Judge irrespective of pecuniary jurisdiction.Justice M I Arun...

Calling Off Marriage After Courtship Not Necessarily Breach Of Promise: Delhi High Court Grants Bail To Accused

The Delhi High Court has observed that calling off a marriage after the courtship period, after reasoned choice, cannot be termed as breach of promise to marry.Granting bail to a man in a case registered for the offence of sexual intercourse with a woman under a false promise of marriage, Justice Arun Monga said:“It seems to be an unfortunate case where two consenting adults entered into...

FIRC Need Not Match Each Transaction, Periodic Certificate Sufficient If Total Forex Benefit Proven: Delhi High Court

The Delhi High Court has held that a Foreign Inward Remittance Certificate (FIRC) need not correspond to each individual transaction and it may reflect a period as a whole, provided that the overall benefit being claimed is fully substantiated by the total foreign exchange remittance.FIRC is issued by bank as proof of international payments for exports.A division bench comprising...

'Undermines Democracy': Plea In Kerala High Court Challenges BCI's 2400% Nomination Fee Hike For Contesting Elections To State Bar Councils

A writ petition has been filed before the Kerala High Court challenging the Bar Council of India's (BCI) decision to hike the nomination fee for State Bar Council elections from ₹5,000 to ₹1,25,000— a 2400% increase.The petition, filed by Advocate Rajesh Vijayan, enrolled in 1996 and a member of the Bar Council of Kerala (BCK) since 2019, argues that the decision is “arbitrary,...