Writ Petition For Recovery Of Money Can't Be Entertained, Particularly When Civil Remedy Has Been Invoked : Supreme Court

The Supreme Court recently held that that writ petitions filed for seeking recovery of money due under the bills/invoices cannot be entertained under Article 226 of the Constitution of India, particularly when the writ petitioner has filed civil suit which came to be dismissed in default.A Bench comprising Justice M.R. Shah and Justice C.T. Ravikumar held so in the case Director of...

Bilkis Bano Case Mentioned Again Before SC, CJI Says Special Bench Will Be Constituted To Hear Plea Against Premature Release Of Convicts

The Supreme Court has once again agreed to constitute a special bench to hear pleas challenging the order of Gujarat Government allowing the premature release of 11 convicts sentenced to life in Bilkis Bano case.Last month also, CJI DY Chandrachud had said that he will constitute a special bench to take up the matter. A special bench is necessitated as the regular combination os of Justice...

NCLT Delhi Allows Voluntary Liquidation Of Mehra Bandhu Creations Private Limited

NCLT Delhi Bench comprising of Chief Justice (Retd.) Ramalingam Sudhakar (Judicial Member) and Shri Avinash Kumar Srivastava (Technical Member) has allowed the voluntary liquidation of Mehra Bandhu Creations Private Limited (‘Company’) and has ordered the Company to be dissolved under section 59(7) of the Insolvency & Bankruptcy Code, 2016 (‘IBC’) r/w Insolvency and...

Marital Rape | Supreme Court To Hear Pleas Seeking To Criminalize Marital Rape On May 9, 2023

The Supreme Court on Wednesday listed the pleas concerning the constitutional validity of the Marital Rape exception on May 9, 2023. The batch of petitions, which was listed before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala for 21st March 2023, could not be heard then owing to Justice Pardiwala's absence.Accordingly, the matter was...

Karnataka High Court Paves Way For De-Freezing Amnesty International's Bank Accounts, Says ED's 2018 Notice Was Valid Only For 60 Days

The Karnataka High Court recently quashed the communication issued by Enforcement Directorate (ED) in 2018 to banks, directing them to freeze accounts of NGO M/s Amnesty International (India) Private Limited, alleging violation of provisions of Foreign Exchange Management Act, 1999, (FEMA). A single judge bench of Justice K S Hemalekha said in view of Section 132 of the Income Tax Act,...

'Courts Should Not Further The Notion That Only Male Child Will Assist Parents In Old Age; Avoid Patriarchal Remarks' : Supreme Court

The Supreme Court has advised Courts to refrain from making patriarchal remarks in judgments. A bench comprising Chief Justice of India DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha was deciding a petition seeking to review the death penalty awarded to a convict for the kidnap and murder of a 7-year old boy.The bench noted that the Supreme Court, in its appeal confirming the...

Aadhaar Linkage With Voter ID: Centre Extends Deadline Till March 31, 2024

The Central government has extended the deadline for linking Aadhaar card with Voter ID to March 31, 2024 from April 1, 2023. A notification to this effect was published yesterday.The Law Ministry had earlier clarified that linking Aadhaar with Voter ID is voluntary and consent of the elector is required to be obtained to link the same.The issue is pending consideration before the...

ITAT Bangalore Holds Expenditure Incurred By Flipkart Towards ESOP Is Eligible For Deduction Under S. 37 Of ITA

The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has allowed the appeal of Flipkart India against disallowance of over Rs.15.5 Crore of expenses claimed by it under Section 37 of the Income Tax Act, 1961, towards Employee Stock Ownership Plan (ESOP). Flipkart had claimed that the ESOP cross charge payments made to its Singapore based Holding Company...

Supreme Court Directs All High Courts To Respond To Suggestions Of Amicus On Expediting Trials In Cases Against MPs/MLAs

The Supreme Court on Tuesday sought the response of the High Courts to the suggestions made by amicus curiae Senior Advocate Vijay Hansaria for expediting the trail in the cases against sitting and former MPs/MLAs.During the hearing, the bench comprising CJI DY Chandrachud and Justice PS Narasimha stated that the court will be able to deal with the matter of expediting trial of legislators in...

Daughter Does Not Lose Right In Family Property Merely Because Dowry Was Paid At Her Marriage: Bombay High Court

The Goa bench of Bombay High Court held that daughter’s right to family property does not extinguish merely because she was provided dowry at her marriage.Justice MS Sonak quashed a Transfer Deed made by brothers transferring family property without the consent of the appellant sister."However, even if it is assumed that some dowry was provided to the daughters, that does not mean that...

Karnataka Industrial Areas Development Board Worst In Karnataka For Corruption: Supreme Court Judge

Pulling up the Karnataka Industrial Areas Development Board, Supreme Court Judge MR Shah on Tuesday opined that it is the "worst authority" in Karnataka in terms of corruption."It is the worst authority, worst in Karnataka, in terms of corruption. In how many cases the land is allotted? We haven't formed an opinion but we are saying this. There are so many cases from Karnataka, we have...

Rarest Of Rare Doctrine Requires Death Sentence Be Imposed Only If There Is No Possibility Of Reformation : Supreme Court

The Supreme Court, on Tuesday, commuted the death sentence awarded for kidnapping and murder of a 7 year old child to life imprisonment for not less than twenty years without remission of sentence. A Bench comprising CJI DY Chandrachud, Justice Hima Kohli and Justice PS Narasimha observed that though the crime was grave and unpardonable, ‘the ‘rarest of rare’ doctrine requires that...