Liquor Policy: Delhi High Court Grants Bail To Amandeep Singh Dhall, Amit Arora

The Delhi High Court on Tuesday granted bail to businessmen Amandeep Singh Dhall and Amit Arora in the money laundering case connected to the alleged excise policy scam case.Justice Neena Bansal Krishna pronounced the judgment and allowed the regular bail pleas filed by Dhall and Arora. Arora was granted interim bail on medical grounds in August. He is the director of Gurugram-based company...

Kerala High Court To Consider Whether Entry Tax/Fee Can Be Collected At Check Posts For Bringing In Eggs From Other States

A plea has been moved before the Kerala High Court challenging the action of authorities at the check posts for collecting entry fees/tax for bringing eggs from other States.The petitioners are running a business of egg stocking, packing and sales. The Director of Animal Husbandry issued an order on July 31, 2024, establishing a check post-entry fee of two paisa per egg. The petitioners...

Accused Must Be Given A Legibile Copy Of Statement Recorded By Magistrate U/S 164 CrPC: Kerala High Court

The Kerala High Court held that an accused should be given a legible copy of the Section 164 statement before the start of trial as he has the statutory right to use those statements to contradict the maker of the statement during cross-examination.For context, a Section 164 statement is a statement or confession recorded by the Magistrate under Section 164 of CrPC.The petitioner in this case...

HC Can Entertain Plea U/S 528 BNSS To Monitor Probe By Forming SIT But Sufficient Cause For Not Approaching Magistrate Should Be Shown: P&H HC

The Punjab & Haryana High Court has made it clear that a High Court under Section 528 BNSS can entertain a plea for registering an FIR and monitoring an investigation by forming a Special Investigating Team (SIT) but the complainant should show a sufficient reason for not approaching the Ilaqa Magistrate firstJustice Sumeet Goel said, "In a given case, if the facts/circumstances so...

NCLT Order Prevails Over GST Demand, Even If State Is Not Notified About Pending NCLT Proceedings: Andhra Pradesh High Court

The Andhra Pradesh High Court stated that National Company Law Tribunal (NCLT) order prevails over Goods and Services Tax (GST) demand, even if the state government is not notified about the pending NCLT proceedings. The Division Bench of Justices R. Raghunandan Rao and Harinath N. observed that “the contention of the department that the order of NCLT is not binding on the State...

Delhi High Court Orders Interim Restraint On Transfer Of Late Oberoi Group Chairman's Company Shares In Daughter's Suit Against Family Members

In an interim order passed last week, the Delhi High Court has restrained the transfer of Oberoi group's former chairman late PRS Oberoi's shares in EIH Limited–which runs the Oberoi and Trident hotel chain–and its two holding companies, except one specific class of shares, after Oberoi's daughter moved a lawsuit seeking an injunction on the said transfer. A single-judge bench of...

Bombay High Court Weekly Round-Up: September 9 - September 15, 2024

Citations: 2024 LiveLaw (Bom) 466 To 2024 LiveLaw (Bom) 477Sete Mares Global Forex Private Limited v. Union of India, 2024 LiveLaw (Bom) 466Mahesh Motiram Kumbhar vs State of Maharashtra, 2024 LiveLaw (Bom) 467Nandkishor Sahu vs Sanjeevani Patil, 2024 LiveLaw (Bom) 468Miss XYZ vs State of Maharashtra, 2024 LiveLaw (Bom) 469Dilkhush Shrigiriwar vs State of Maharashtra, 2024 LiveLaw...

While Quashing Case For Abetment To Suicide, Court Must Apply Test Of How Normal Person Would React When Faced With 'Incidents Of Harassment': P&H HC

The Punjab & Haryana High Court has said that while quashing FIR on abetment to suicide the Court must test how a normal person would react to the alleged incidents of harassment.The Court quashed the FIR lodged on abetment to suicide for allegedly compelling the deceased to end his life on account of harassment he faced because the accused persons refused to pay his dues.Justice Jasjit...

Treaty Provisions Prevails Over Income Tax Act – Receipts From Aircraft Leasing Is Not Taxable As Royalty: Delhi High Court

The Delhi High Court held that consideration received by Assessee from aircraft leasing activity is not taxable as royalty either u/s 9(1)(vi) of Income Tax Act or under India-Ireland DTAA. Under section 9(1)(vi) of the Income tax Act, royalty payable by the Indian Government to any non-resident, shall always be deemed to accrue or arise in India, without any exception. In such a...

Land Acquisition Act | Once Market Value Of Land Is Determined On Evidence, Reference Court Not Justified In Reducing Compensation: P&H High Court

The Punjab & Haryana High Court said that the reference court cannot reduce compensation for land acquisition merely on the assertion of the party when the market value has already been decided on evidence under the Land Acquisition Act, 1898.Justice Rajbir Sehrawat said, "Once the market value has been determined on the basis of the evidence led on file, the reference court is not...

Police Cannot Order Freezing Of Bank Account Without Quantifying Amount Involved In Financial Fraud, Violates Right To Trade: Madras HC

The Madras High Court has recently ruled that the investigating agency cannot order freezing the entire bank account of a person involved in a financial fraud without quantifying the amount involved in the fraud. Justice G Jayachandran ruled that such orders freezing the entire amount would be construed as a violation of the fundamental right of trade and business as well as a violation...

"Tried To Flee From Police, Conscious Possession": Karnataka HC Upholds Conviction Of Man Found With Counterfeit Currency In 2010

The Karnataka High Court has upheld the conviction handed down to a man 14 years after the accused committed the offence of being in possession of counterfeit currency.A single judge bench of Justice Ramachandra D Huddar convicted T N Kumara, dismissed the appeal filed by him challenging the conviction under Section 489B and C of the Indian Penal Code in the year 2013. The court said...