Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

The Bombay High Court on Thursday (February 13) while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl. Single-judge Justice Milind Jadhav noted from the statements of the girl, that she had a...

TPO's Role Is To Determine ALP Of International Transactions, Can't Act As AO To Probe Legitimacy Of Such Transactions: Delhi High Court

The Delhi High Court has made it clear that the role of a Transfer Pricing Officer is to conduct a transfer pricing analysis and determine the arm's length price of an assessee's international transaction and the TPO cannot act as an Assessing Officer to probe the legitimacy of such transactions.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed, “It is necessary...

ALP Not Concerned With Commercial Expediency Of International Transaction, Assessee Reporting Loss Not Grounds To Deem ALP Nil: Delhi HC

The Delhi High Court has held that a Transfer Pricing Officer cannot compute the arm's length price of an assessee's international transactions as nil, merely because despite the services availed from such transactions, the assessee incurred a loss in business.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma observed that the TPO cannot weigh the ALP on the basis of...

Court At Designated Venue In Arbitration Agreement Can Entertain Application U/S 11 Of Arbitration Act: Bombay High Court

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that the court having supervisory over designated venue of the Arbitration proceedings would have jurisdiction to entertain application under section 11 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) in absence of any contrary indicia indicating any other place to be the seat of...

Delhi High Court Orders Customs To Release Traveller's Gold Worth ₹20 Lakh, Iphone, Playstation & More Over Failure To Issue SCN

The Delhi High Court recently ordered the Customs authorities to release a traveller's gold worth over ₹14 lakh and other branded articles like iPhone, PlayStation, etc. over the authority's failure to issue him a show cause notice.Section 124 of the Customs Act, 1962 contemplates issuance of a show cause notice before confiscation of goods.The Petitioner had landed at Delhi...

Calcutta High Court Allows Rally To Be Addressed By RSS Chief Mohan Bhagwat In Bengal

The Calcutta High Court has allowed a rally by the Rashtriya Swayamsewak Sangh (RSS) to be addressed by the organisation's 'Sarsanghachalak' Mohan Bhagwat in Kolkata. Justice Amrita Sinha allowed the rally to go ahead after the State had denied permission for the same due to the ongoing Madhyamik exams in nearby schools, over the use of loudspeakers.In noting that the rally was scheduled for...

State Can't Permit Protests Which Disrupt Public Peace & Tranquility: Madras High Court Dismisses Bharath Hindu Munnani's Plea

The Madras High Court on Friday dismissed an application for permitting a procession condemning the recent events at Thiruparakundram, Madurai.Justice GK Ilanthiraiyan observed that for the incidents that happened in Thiruparakundram, resolutions had already been passed between the concerned parties before the RDO and there was no need to conduct another procession, in Chennai to condemn...

Employee Cannot Be Indefinitely Suspended On Corruption Allegations Without Any Departmental Proceedings: J&K High Court

The Jammu and Kashmir High Court quashed the suspension order of the employee, stating that an employee cannot be suspended for an indefinite period. The court observed that the petitioner has remained under suspension for more than a year and that no departmental enquiry parallel to the filing of the charge sheet has been initiated by the respondents, which would be prejudiced...

Dengue Menace: Karnataka High Court Asks BBMP To Heavily Fine Individuals, Housing Societies If Stagnant Water, Waste Isn't Removed

The Karnataka High Court has directed Burhat Bengaluru Mahanagara Palike (BBMP) to impose heavy fines on any individual, any residential society or residential hub if found to be negligent towards clearing the stored water in containers, stagnant water, long accumulated water or solid waste which may result into breeding of mosquitoes and causing the spread of Dengue. A division bench...

If Defendant Shows Plausible Defense Under Order 37 CPC, Court Must Grant Leave Unconditionally Without Requiring Any Security: J&K High Court

Setting aside a trial court's order that had imposed a bank guarantee condition on a defendant seeking leave to defend, the Jammu and Kashmir and Ladakh High Court reaffirmed the principle that if a defendant discloses facts that may establish a defence at trial under Order 37 CPC, leave to defend must be granted unconditionally, without requiring security or a payment into court.Order 37 of...

Delhi High Court Issues Notice On PIL For Action Against Hospitals, Entities Operating Radiological Equipment Without Licenses

The Delhi High Court has issued notice on a public interest litigation seeking action against all hospitals, medical colleges, diagnostic centres and any other entities operating radiology equipments without the requisite authorization or licenses.A division bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela sought response of Union Government and Atomic...

GST Registration Cannot Be Refused Merely Because Assessee Belongs To Another State: Andhra Pradesh High Court

The Andhra Pradesh High Court stated that GST registration can't be refused merely because the assessee belongs to another State. “Though the apprehension of the respondents may not be misplaced, it would not mean that registration can be refused on a ground, which is not available under the Statute or the Rules. There do not appear to be any restriction for persons outside the...