Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts

The Karnataka High Court has issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, within 60 days from the date of its filing.A single judge bench of Justice M Nagaprasanna said “The law Courts which exist to remedy the wrong when it is brought to its notice has to...

Bar Council Of Delhi Challenges Single Judge's Order On Details Of Pending Complaints Against Advocates, High Court Issues Notice

Challenging the order of single judge directing it to provide details of all pending complaints before it, the Bar Council of Delhi (BCD) has argued before the Delhi High Court that the State Bar Councils and Bar Council of India (BCI) are not amenable to writ jurisdiction for their day to day matters relating to disciplinary proceedings.Justice Prathiba M Singh last month directed the BCD...

Nearly 120 Pleas Challenging Provisions Of Waqf Act Pending Before Various Courts: Centre To Delhi High Court

The Union of India has informed the Delhi High Court that nearly 120 petitions are pending before various courts across the country challenging the provisions of the Waqf Act, 1995.The submission was made in an application moved by the Central Government seeking extension of time for filing response to a public interest litigation filed by BJP leader and Advocate Ashwini Kumar...

Only Retail Sale Can Claim Assessment Benefits Under Section 4A Of Central Excise Act : Supreme Court

The Supreme Court has held that mere affixation of MRP does not make goods eligible for central excise duty exemption, and what is required along with the affixation is a mandate of law that directs the seller to affix such MRP.The Division Bench of Justice Krishna Murari and Justice Sudhanshu Dhulia has observed that where the purchaser institution is deemed to not be a consumer, the sale...

No Distinction Between Retired & Inservice Employees For Prosecution Under Jammu & Kashmir Prevention Of Corruption Act: High Court

The Jammu and Kashmir and Ladakh High Court has made it clear that even retired employees of a Public Corporation can be be prosecuted under the Jammu & Kashmir Prevention of Corruption Act, if the circumstances so warrant.Justice Javed Iqbal Wani observed that Section2(2)(c) of the Act, which defines 'Public Servant', is wide enough to include inservice as well as retired...

Neither IO Nor Public Prosecutor's Office Seriously Followed Plea Against Anticipatory Bail Order: Gujarat High Court Ask State To Take Action

Observing that neither the Investigating Officer nor the Office of the Public Prosecutor seriously followed State's plea challenging the grant of anticipatory bail to an accused, the Gujarat High Court recently directed the Secretary, Home Department and Secretary, Legal Department to take appropriate action The single bench of Justice Umesh A. Trivedi observed:“From the papers, a sorry...

Mere NBFC Registration Not Enough Under Provision Of Service Tax For Levy: CESTAT

The Hyderabad Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that mere registration as an NBFC is not enough under the provision of service tax to levy.The two-member bench of Anil Choudhary (judicial member) and P. V. Subba Rao (technical member) has observed that the service provider should be both a company and have the principle business of...

BREAKING: Bombay High Court Recalls Registrar’s Notice Dismissing Thousands Of Cases Over Non-Removal Of Office Objections In 2022

In a significant ruling the Bombay High Court has recalled the Prothonotary & Senior Master’s September 15, 2022 notice dismissing civil suits filed before December 2021, in default, for non-removal of office objections within eight weeks.Justice Riyaz Chagla observed that the common notice couldn’t have been issued under Rule 986 of the Bombay High Court (O.S.) Rules, 1980 without...

Fees Paid By Director Does Not Attract Exemption Under Clause 4 Of Schedule III Of SEBI Stock Broker Regulations: Supreme Court

The Supreme Court has upheld SEBI’s decision to not to grant exemption to a corporate entity from payment of fees under Clause 4 of Schedule III of SEBI (Stock-Brokers and Sub-Brokers) Regulations 1992, since it was the Director and not the Whole Time Director who transferred stock exchange registration to the corporate entity and paid the registration fees. No exemption can be claimed on...

NCLT Delhi Orders Dissolution Of M/S. Rajiv Sachdeva Cargo Agency Private Limited

NCLT Delhi Bench comprising of Shri Bachu Venkat Balram Das (Judicial Member) and Shri Rahul Bhatnagar (Technical Member) has ordered the dissolution of M/s. Rajiv Sachdeva Cargo Agency Private Limited (‘Company’) under Section 59 of Insolvency and Bankruptcy Code, 2016 read with Regulation 38(3) of the Insolvency and Bankruptcy Board of India (Voluntary Liquidation...

Diversion Of Gas To Other Generating Stations Not Sufficient Ground To Seek Compensation When PPA Has No Such Provision: Supreme Court

While affirming the view of the Appellate Tribunal for Electricity, the Supreme Court held that the Electricity Board would not have to indemnify if there was no provision regarding compensation of full fixed charges and actual variable charges in respect of short supply of energy in the Power Purchase Agreement.A Bench of Justices Ajay Rastogi and CT Ravikumar was hearing an appeal moved...

Lawyers Have To Produce Typed Copies Of HC Judgments Which Are Unreadable Due To Large Watermarks : CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Wednesday urged lawyers to follow the directions of the Supreme Court registry to produce typed copies of High Court judgements, which are unreadable owing to the presence of large watermarks on them.The Chief Justice made this remark when an advocate mentioned before him the difficulty caused by the registry's insistence for producing typed copies...