Madras High Court Quashes The Criminal Proceedings Against Guarantor Of Assessee, For Assessee’s Failure To Pay Tax; States It's Only Contractual Liability And Not Criminal

The Madras High Court has quashed criminal proceedings against the guarantor of the assessee for failing to pay the tax dues of the latter to the Commercial Tax Department. The Commercial Tax Officer (CTO) filed a private complaint before the Judicial Magistrate against the assessee as well as the petitioner, who stood as a guarantor with respect to the tax arrears of the business done...

Mere Membership Of Unlawful Organization Is UAPA Offence : Supreme Court Overrules 2011 Precedents

In a significant verdict, the Supreme Court on Friday overruled its 2011 judgments in Arup Bhuyan vs State of Assam, Indra Das vs State of Assam and State of Kerala vs Raneef which held that mere membership of a banned association is not sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967 or the Terrorism and Disruptive Activities (Prevention) Act, unless it...

Breaking: 14 Political Parties Move Supreme Court Seeking Guidelines Against Alleged Arbitrary Action Of ED, CBI On Opposition Leaders

14 political parties including the Indian National Congress, Aam Aadmi Party and Shiv Sena have moved the Supreme Court against alleged arbitrary use of central investigating agencies Enforcement Directorate and Central Bureau of Investigation in arresting opposition leaders.The matter was mentioned today before CJI DY Chandrachud by Senior Advocate AM Singhvi. The political parties seek...

Arbitrator Under The National Highways Act Has To Give An Award Within 1 Year, Failure Can Result In Termination Of The Mandate: HP High Court

The High Court of Himachal Pradesh has held that the arbitration proceedings under the National Highways Act, 1956 are governed by the Arbitration and Conciliation Act, 1996, thus, the arbitrator so appointed by the Central Government under Section 3G(a) of the National Highways Act is bound to follow the provisions of the A&C Act. The bench of Justice Sushil Kukreja held that...

'Sponsored' Foreign Travel: Delhi High Court Upholds Judicial Officer's Dismissal For 'Accepting Favour' From 'Stranger', says Judge Always Open To Be Judged

“A Judge is a Judge who is always open to be judged,” the Delhi High Court said on Thursday while upholding a judicial officer's dismissal from service for allegedly accepting a "favour" from a "stranger".A division bench of Justice Manmohan and Justice Saurabh Banerjee made the observation while refusing to reduce a major penalty of dismissal of service imposed on the judicial...

'Large Number Of Remand Orders Passed In Violation Of Law Are From Uttar Pradesh' : Supreme Court Seeks Allahabad HC's Intervention

The Supreme Court recently noticed that a very large number of orders remanding accused to custody in violation of the directives issued by the top court are coming from Uttar Pradesh.A bench comprising Justices Sanjay Kishan Kaul, Ahsanuddin Amanullah and Aravind Kumar was ascertaining the compliance of the directions given in the judgement in Satender Kumar Antil vs Central Bureau...

Madras High Court Asks College To Pay Rs 5 Lakh Compensation To Family Of Engineering Student Who Drowned In Sea During Coastal Cleanup Drive

The Madras High Court recently awarded a compensation of five lakh rupees to the family of a 3rd Year Engineering Student who drowned in sea during a Coastal cleanup drive organised by the college.Justice SM Subramaniam held that the college was not responsible for the drowning of the student, who had voluntarily taken a bath in the sea despite instructions against the same. However, the...

Kerala High Court Dismisses Public Service Commission's Plea Against KAT Order Permitting Transgender Person To Apply

The Kerala High Court recently dismissed the plea of the Kerala Public Service Commission (KPSC) challenging the interim order of the Kerala Administrative Tribunal that had permitted a transman by the name of Arjun Geetha, to apply for the post of Sub Inspector of Police (Trainee) in Armed Police Battalion.A division bench comprising Justice S V Bhatti and Justice Basant Balaji considering...

Queer Non-Binary Lawyer Writes To Supreme Court For Infrastructural Inclusivity & LGBTQIA+ Representation On Gender Sensitisation Committee

Amid calls for greater diversity and inclusion in the higher judiciary, the Supreme Court Gender Sensitisation and Internal Complaints Committee has received a representation on the need for infrastructural inclusivity in the top court and queer representation on the committee. Queer, non-binary lawyer Rohin Bhatt, while noting that with every passing day, more and more...

Teesta Setalvad Case : ASG To Inform Supreme Court If Anything Substantial Survives In The Matter

The Supreme Court, on Thursday, adjourned the hearing in a batch of pleas filed by Teesta Setalvad in relation to three FIRs lodged against the couple over alleged embezzlement of funds raised for victims of 2002 Gujarat riots.The Additional Solicitor General, Mr. S.V. Raju apprised a Bench comprising Justice SK Kaul, Justice Ahsanuddin Amanullah and Justice Aravind Kumar that Teesta...

Supreme Court Acquits Man Accused Of Taking Rs 300 Bribe Twenty Years Ago

The Supreme Court on Thursday acquitted a man who was convicted under the Prevention of Corruption Act 1988 for accepting a bribe of Rupees 300 in the year 2003.The convict, who was working as a cleaner, was accused to taking bribe for supplying a copy of the death certificate to the complainant. The Supreme Court allowed his appeal against the concurrent findings of the trial court and...

Party Can’t Restrict Limitation Period For Invoking Arbitration Contrary To Limitation Act : Delhi High Court

The Delhi High Court has ruled that, in view of Section 28 of the Indian Contract Act, 1872, a party cannot be permitted to restrict the period of limitation for invoking arbitration, in contravention to the limitation period provided by law. The Court observed that a lesser period of limitation provided under the Contract between the parties would be hit by Section 28. While dealing...