GST Department Not Empowered To Issue Notices In Name Of Non-Existent Entity Post Amalgamation: Delhi High Court

The Delhi High Court has made it clear that neither Section 160 nor Section 87 of the Central Goods and Services Tax Act, 2017 enable the Department to issue notice in the name of an entity which ceased to exist post amalgamation. Section 160 is pari materia to Section 292-B of the Income Tax Act, 1961 which provides that no notice or assessment or any proceedings can be deemed to...

'Sorry States Of Affair', High Court Seeks Punjab DGP's Response On Non-Registration Of FIR In 2012 Rape & Murder Case

The Punjab and Haryana High Court has sought an affidavit from the Director General of Punjab Police, over non-registration of FIR in a complaint lodged in 2012 alleging rape and murder of a woman.Chief Justice Sheel Nagu said, "The present case discloses sorry state of affairs where instead of lodging an FIR based on the first information provided by the complainant...on 24.05.2012 in regard...

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court

The Bombay High Court bench of Justice Advait M Sethna has affirmed that SARFAESI proceedings are in the nature of enforcement proceedings, while arbitration is in the context of an adjudicatory proceedings. The SARFAESI proceedings and arbitration proceedings thus can proceed parallely. The court further observed that the role of referral court under section 11 of the Arbitration Act...

Gujarat High Court Grants Ad-Interim Bail To Film Director Rajkumar Santoshi In Cheque Bouncing Case

The Gujarat High Court on Monday (December 2) granted ad-interim bail to noted film director, screenwriter and producer Rajkumar Santoshi who has been booked in connection with a cheque bouncing case under Section 138 of Negotiable Instruments Act (NI Act).After hearing the arguments Justice MR Mengdey in his order dictated, “Issue notice returnable on February 13. Learned advocate...

Court Which Appointed Arbitrator Has Jurisdiction To Substitute Arbitrator Or Extend Time U/S 29 Of Arbitration Act: Delhi High Court

The Delhi High Court Bench of Justice Subramonium Prasad held that the term "Court" under Section 29A must mean only to be the Court which has appointed the arbitrator and therefore the Court to extend the time or substitute the arbitrator would only be the Court which has appointed the arbitrator and no other Court. Additionally, the court held that Section 9 of the act deals...

Karnataka HC Asks RBI To Bring Guidelines For Automatic Credit Of DD Amount To Drawer If Instrument Not Presented To Bank Within Validity Period

The Karnataka High Court has directed the Reserve Bank of India (RBI) to issue necessary guidelines to be followed by Banks in cases where a demand draft is not presented for clearance during its validity period and whether in such cases the amount covered can be automatically credited to the account of the customer on expiry. A single judge bench of Justice Suraj Govindaraj said, “Reserve...

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. A bench of Justice Krishan Pahal emphasized that one of the crucial factors in granting anticipatory bail is the criminal antecedents of the...

Waqf Board Case: ED Moves Delhi High Court Against Order Releasing AAP MLA Amanatullah Khan

The Enforcement Directorate (ED) on Monday moved the Delhi High Court against a trial court order which released Aam Aadmi Party (AAP) MLA Amanatullah Khan in a money laundering case connected to the alleged irregularities in the Delhi Waqf Board recruitment during his chairmanship.Justice Manoj Kumar Ohri asked the probe agency to place on record the orders passed by the trial court in...

Kerala High Court Grants Bail To Former CPI (M) Municipal Councillor, Another In Alleged Karuvannur Bank 'Scam' Case

The Kerala High Court on Monday (December 2) granted bail to the former CPI(M) Municipal Councillor of Vadakkanchery Municipality Aravindakshan P. R. accused in the Karuvannur Bank Scam case investigated by the Enforcement Directorate. Justice C. S. Dias also granted bail to the former Senior Accountant of the Bank, Jilise C. K. Both of them were alleged to have committed offences...

Can't Assume Medical Negligence If Surgery Doesn't Give Result: Punjab & Haryana HC Denies Relief To Woman Who Got Pregnant Post Sterilization

The Punjab and Haryana High Court has set aside an order of the first appellate court granting Rs 30,000 compensation (along with interest) to a woman who became pregnant after a sterilisation operation.In doing so the high court noted that prior to surgery the woman was apprised of the fact that sometimes operation may fail for which no medical authority will be held responsible and that she...

Petitioners In-Person Are Causing A Ruckus Ever Since YouTube Live-Streaming Has Started: Calcutta High Court Remarks

The Calcutta High Court has orally remarked that the advent of live streaming of court proceedings on YouTube has led to a situation where petitioners-in person are causing a "ruckus."Justice Tirthankar Ghosh made these comments while hearing a case being presented by a petitioner in-person.When Justice Ghosh questioned the petitioner, stating that an advocate had earlier been engaged by him...

Court Having Exclusive Jurisdiction Would Have Juridical Seat Of Arbitration: Delhi High Court

The Delhi High Court Bench of Justice Sachin Datta has held that where exclusive jurisdiction has been conferred on a court with respect to matters relating to arbitration, the same shall be construed to be a clear 'contrary indicia' and that the court, upon which exclusive jurisdiction has been conferred, would be the juridical seat of arbitration. Brief Facts: The...