Income Tax Act | 'Fee For Technical Services' Means Transfer Of 'Specialised'/ 'Distinctive' Knowledge Or Skill By Service Provider: Delhi HC

The Delhi High Court has held that Fee for Technical Services (FTS) as contained under Section 9(1)(vii) of the Income Tax Act, 1961 is concerned with the transfer of 'distinctive', 'specialized' knowledge, skill, expertise and know-how by a service provider.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar thus observed that assistance provided by...

Offense Of Assaulting Public Servant Not Attracted Unless They Are Acting Lawfully Or Doing Duty Mandated By Law: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that an offence under Section 353 RPC (assault or use of criminal force against a public servant) cannot be made out if the public servant is not acting lawfully or performing a duty imposed by law.A bench of Justice Javed Iqbal Wani explained, “… an act of a public servant which is very contrary of the duties of such public servant...

Building Violations Committed In Broad Daylight Cannot Be Compounded By Tribunal: J&K High Court Upholds Demolition Order

The Jammu and Kashmir High Court has held that unauthorized constructions cannot be validated by paying the compounding fees after such violations, even if a long period has elapsed since those violations. The court said that failure on the part of the competent authorities to act in a timely manner to prevent the violations cannot be a ground to condone these violations. The court...

Karnataka High Court Reserves Order On Interim Plea To Stay Notification Appointing State CIC, Information Commissioners

The Karnataka High Court on Tuesday (February 18) reserved its order on the interim prayer seeking to stay the operation of the notification dated January 30, issued by the State Government, appointing State Chief Information Commissioner and Information Commissioners. Justice R Devdas heard the parties and reserved its order on the petition filed by K Mallikarjuna Raju, it...

Withdrawing Of Appointment Without Holding Inquiry Is Illegal Even During Probationary Period: J&K High Court

The Jammu and Kashmir High Court has held that withdrawing the appointment order of an employee without conducting an inquiry is illegal, even if the said employee is in the probationary period. The court ruled that the mere pendency of a criminal case would not justify withdrawing the appointment without holding an inquiry.A bench of Justice M.A. Chowdhary while acknowledging the...

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul set aside the judgment of the Central Administrative Tribunal by which the order of cancellation of the Respondent was quashed. The Bench noted that the order of cancellation was set aside on the basis of the Respondent having disclosed the pendency of the criminal case against him...

Amending Original Plea Before Family Court To Incorporate Reliefs Under Domestic Violence Act Will Not Change Its Nature And Character: Kerala HC

The Kerala High Court ruled that amending an original petition filed before the Family Court incorporating reliefs under the Protection of Women from Domestic Violence Act, 2005 is permissible and that it will not change the nature and character of the original petition.The Court further stated that reliefs to be claimed under Sections 18 to 22 of the DV Act can also be granted by the...

Members Of Maharashtra SC & ST Commission Appointed, Commission Functional: State Tells Bombay High Court

The Bombay High Court has disposed of a PIL that sought the appointment of Chairman and Members to the Maharashtra State Commission of Scheduled Castes and Scheduled Tribes, noting that the State government has appointed the members.A division bench of Justice Alok Aradhe and Justice Arif S. Doctor took note of the State's affidavit indicating that the Chairman and 2 members have been...

Kerala High Court Closes Bail Plea By Rahul Easwar In Criminal Case Filed By Actress Upon Being Told Offences Were Bailable

The Kerala High Court on Tuesday (18th February) closed a bail petition moved by Rahul Easwar on being informed by the Public Prosecutor that the offences alleged against him were bailable. Justice P. V. Kunhikrishnan has directed Rahul Easwar to appear before the police station as per the notice served to him by the police.Rahul Easwar is booked under Section 79 of BNS (Word, gesture or...

Delhi High Court Re-Affirms Discretion Of Arbitral Tribunal To Implead 'Non-Signatory' As 'Necessary Party' In Arbitration Proceedings

The Delhi High Court bench of Justice Subramonium Prasad has reaffirmed that an Arbitral Tribunal has the authority to implead non-signatories to an arbitration, provided they are deemed 'necessary parties' to the proceedings. The court was hearing an application u/s. 11(6) of the Arbitration and Conciliation Act for the appointment of Arbitrator to adjudicate disputes arising under...

Plea That Signed Copy Of Award Was Not Received Cannot Be Raised For First Time In Appeal U/S 37 Of Arbitration Act: Gujarat High Court

The Gujarat High Court bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi has held that the plea that limitation period for challenging the award under section 34 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) did not start as the signed copy of the award was not received by the party, cannot be raised for the first time in appeal under section 37 of...

'X' Posts Case | 'Police Took Action Against Narsinghanand; Zubair Built Narrative, Tried To Incite People': UP Govt In Allahabad HC

Opposing Alt News co-founder Mohammed Zubair's plea against UP police's FIR over his alleged 'X' Post (formerly Twitter) on Yati Narsinghanand's 'derogatory' speech, the Uttar Pradesh government submitted today in the Allahabad High Court that the state police had taken action against Narsinghanand, and it was the courts which granted him bail. The government, led by Additional Advocate...