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'Adjourned More Than 50 Times, Witnesses Are Senior Citizens': Madras High Court Expedites Trial In 2013 Murder Of BJP Leader Ramesh
The Madras High Court has directed the Sessions Court for the exclusive trial of bomb blast/NIA cases, Poonamalle to complete the trial in the 2013 auditor Ramesh murder case within two months. V Ramesh, an auditor by profession and the Tamil Nadu unit General Secretary of the Bharatiya Janata Party (BJP) was hacked to death in 2013. The mother of the deceased Ramesh had approached...
Plea Seeking FEMA Exemption For OCIs Domiciled In India : Supreme Court Issues Notice
The Supreme Court recently sought the stand of the Centre and Reserve Bank of India in a plea seeking to exempt resident Overseas Citizens of India from the purview of the Foreign Exchange Management Act regulations.A bench of Justice KM Joseph and Justice BV Nagarathna on Monday issued notice in a plea, filed by Association of Resident Overseas Citizens of India and Families.“Your prayer...
WhatsApp Not Valid Mode Of Service As Per SC Rules : Supreme Court Registrar
A Registrar Court at the Supreme Court said that service of notice on a party via instant messaging platform WhatsApp or e-mail is not valid."As per affidavit of dasti service, the notice is served on the sole respondent through ‘whatsapp’, which is not a valid mode of service as per (Supreme Court)rules," Registrar Pavanesh D said while ordering fresh notice in a transfer petition...
Embraer Defence Deal: Delhi Court Slams ED For Arresting Singapore Businessman Without Permission, Orders Interim Release
A Delhi Court on Thursday rapped the Enforcement Directorate for arresting a Singapore-based businessman at Kolkata airport without its permission in a money laundering case connected to the alleged employment of agents by Embraer for facilitating contract for Airborne Early Warning & Control (AEW&C) Project with DRDO for procurement of 3-fully modified EMB-145 aircrafts in 2008.Dev...
Shiv Sena Rift | Sibal Urges Supreme Court To Not Take 'Narrow View', Says 'Democratically Elected Govts Will Be Toppled In Future'
The issues in the case related to Shiv Sena rift, which led to the fall of the Maha Vikas Aghadi Government in Maharashtra, are not "academic" and have wide ramifications for the future of democracy in India, said Senior Advocate Kapil Sibal in the Supreme Court on Thursday.Appearing for the Uddhav Thackeray camp, the senior lawyer urged the Constitution Bench to not take a narrow view of...
Taxing Authorities Can't Stop Assessee From Claiming Statutory Right: Allahabad High Court
The Allahabad High Court has held that the taxing authorities cannot, in the garb of technicality, stop any assessee from claiming his statutory right, as provided under the Income Tax Act.The bench of Justice Rohit Ranjan Agarwal has observed that, due to the mistake of the department or a technical glitch in the software, when an appeal of an assessee is not reflected on the portal,...
CJI DY Chandrachud Bats For Diversity In Arbitration Space, Says Legal System Has To Change From 'Old Boys' Club'
Chief Justice of India, Justice DY Chandrachud on Thursday said that the arbitral space in India can do well to foster diversity in terms of source and experience and emphasized that a “gender diverse arbitral pool” would bring experiential learning to the entire process. “If the Indian legal system has to move away from the tag of being an Old Boys’ Club, the arbitration space can...
Haldiram Not Liable To Pay Service Tax On Take-Away Of Food Items: CESTAT
The Delhi bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that no service tax can be levied on the activity of takeaway food items.The bench headed by Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) observed that the activity of takeaway of food items would amount to a sale and would not involve any element of service.The...
Minority Institution Cannot Reinstate Retired Employee Who Retained Full Retiral Benefits Paid From Public Money: Bombay High Court
The Bombay High Court recently held that the management of a minority institution cannot act as per its whims and allow a retired employee who retained full retiral benefits to return whenever he desires.A division bench of Justice Ravindra Ghuge and Justice Sanjay Deshmukh sitting at Nagpur upheld the Education Officer’s order rejecting approval for reinstatement of a retired employee...
OVII R11 CPC | Plaint On Mere Possibility Of Right Being Infringed Without Legitimate Basis For That Right Does Not Disclose Cause of Action: MP High Court
The Madhya Pradesh High Court recently reiterated that a mere possibility of contemplation or possibility that a right may be infringed without any legitimate basis for that right, would not be sufficient to hold that the plaint discloses a cause of action.The bench comprising Justice Subodh Abhyankar further held that in the said circumstances, the plaint can be rejected for want of cause...
'Dying Declaration Was Voluntary, Truthful': Gauhati High Court Upholds Conviction Of Man Found Guilty Of Setting Wife Ablaze
The Gauhati High Court today upheld the conviction of a person, who was found guilty of the murder of his wife on the basis of her dying declaration.While dismissing the appeal challenging the conviction, the division bench of Justice Michael Zothankhuma and Justice Parthivjyoti Saikia held:“The evidence adduced clearly show that the appellant had set the deceased on fire and that the...