Similarity Of Functional Filters & Business Model Is Necessary For Including/ Excluding Comparable To Determine Arm's Length Price: Delhi HC

The Delhi High Court noted that the present appeal is confined only to inclusion/ exclusion of certain uncontrolled entities as comparable for purpose of determining arm's length price (ALP) of assessee company/ Appellant.Further, for purposes of benchmarking, there must be similarity of functional filters, product homogeneity and business model, in order to arrive at suitable comparable...

Details Contained In Delhi Police Special Branch Manual Confidential, Exempted From Disclosure Under RTI Act: High Court

The Delhi High Court has ruled that the details contained in Delhi Police's Special Branch Manual is confidential in nature and is exempted from disclosure under the Right to Information Act, 2005.Justice Sanjeev Narula said that by virtue of the confidential nature, the details cannot be brought into the public domain.“While the RTI Act is intended to promote transparency and...

Court Can Dispense Requirement To Furnish Surety Bond Executed By Third Person For Bail Or Suspension Of Sentence: Delhi High Court

The Delhi High Court has recently held that it is permissible for a Court to completely dispense with the requirement that an undertrial prisoner or convict must furnish a surety bond executed by a third person to avail the benefit of bail or suspension of sentence.Justice Anup Jairam Bhambhani said that the waiver or substitution of surety should be even more guarded where the prisoner is...

Allahabad High Court Denies Bail To Govt School Principal Accused Of Sexually Abusing Girl Students

The Allahabad High Court recently denied bail to the principal of a government primary school in Bulandshahr district of the state who was arrested in March this year on the allegations of sexually abusing female students and showing them 'indecent' on his mobile phone. Considering the victims' tender age, which ranged from 9 to 13 years, a bench of Justice Krishan Pahal did not find...

No Prior Approval U/S 17A Prevention Of Corruption Act For Laying 'Trap' Against Public Servant Demanding Illegal Gratification: Rajasthan HC

The Jodhpur bench of the Rajasthan High Court has said that no prior approval is required under Section 17A of the Prevention of Corruption (PC) Act to "trap" a public servant who allegedly demands gratification.In doing so, the high court further said that the provision is only triggered if there is allegation of an offence committed under the PC Act. A single judge bench of Justice...

[NDPS Act] Accused Entitled To Default Bail If Forensic Report Not Submitted With Chargesheet Within 180-Day Limit: Calcutta High Court

The Calcutta High Court while dealing with an application for bail in an NDPS matter has allowed the application made by the petitioner, who sought default bail on the grounds that the chargesheet submitted against him was submitted without a forensic report, within the statutory limit of 180 days.A division bench of Justices Arijit Banerjee and Apurba Sinha Ray held:In view of the...

When SLP Dismissal Order Is Non-Speaking, Review U/S 17 Of Arbitration Act Permissible: Delhi High Court

The Delhi High Court Bench of Justice Jasmeet Singh held that if an order of dismissal of the SLP is a non-speaking order and no reasoning has been given by the Hon‟ble Supreme Court for the same, then review of the order challenged is permissible. Brief Facts In the present case two applications have been filed against orders passed under section 17(2) of the Arbitration Act....

Delhi High Court Weekly Round-Up: October 14 To October 20, 2024

Citations 2024 LiveLaw (Del) 1130 to 2024 LiveLaw (Del) 1147NOMINAL INDEXEmeka Prince Lath vs. State NCT of Delhi 2024 LiveLaw (Del) 1130 GOVT OF NCT OF DELHI AND ORS versus PARMILA DEVI 2024 LiveLaw (Del) 1131 SMT USHA DEVI v. UNION OF INDIA AND ANR 2024 LiveLaw (Del) 1132 RYAN INTERNATIONAL SCHOOL v. CENTRAL INFOMATION COMMISSIONER AND ORS. 2024 LiveLaw (Del) 1133 SWARANJIT SINGH...

Industry Cannot Be Charged For Delay In Implementation Of Project If Govt Itself Failed To Remove Encroachment From Allotted Land: MP High Court

The Madhya Pradesh High Court recently condemned the act of State authorities holding a company (SPV) liable for delay in implementation of an industrial project when the authorities themselves failed to deliver vacant possession of the entire allotted land.A single-judge bench of Justice Pranay Verma sitting at Indore held that it is the duty of the respondents to have allotted encroachment...

Karnataka High Court Weekly Round-Up: October 14 To October 20, 2024

Citations: 2024 LiveLaw (Kar) 436 To 2024 LiveLaw (Kar) 443Nominal Index:Bangalore Development Authority & Anr and Sachin Nagarajappa and another matter. 2024 LiveLaw (Kar) 436Vishal Khatwani AND State of Karnataka.2024 LiveLaw (Kar) 437Keerthan Kumar & Anr AND State of Karnataka. 2024 LiveLaw (Kar) 438Veermachaneni Raghavendra Prasad AND Union of India & Others. 2024 LiveLaw...

Family Courts Should Not Insist On Physical Presence Of Parties While Presenting Petition And For Future Hearings: Madras High Court

In a significant decision, the Madras High Court has held that the Family Courts should not insist on the physical presence of the parties/spouses at the time of presenting the petition and for future hearings. Justice M Nirmal Kumar observed that virtual proceedings provided an opportunity to modernize the system and make it more affordable and citizen-friendly. The court thus held...

Child Victims Of Sexual Abuse Most Vulnerable Class Of Citizens; Statutory Support Systems Key To Empower Them: Allahabad HC

Noting that the child victims of sexual abuse are the most vulnerable class of citizens, the Allahabad High Court recently emphasized the importance of supporting such victims of sexual offences under the POCSO Act. A bench of Justice Ajay Bhanot observed that since these victims face numerous challenges, including trauma, social marginalisation, and lack of resources, which...