Plea To Enforce Fundamental Duties : Supreme Court Displeased With States Which Haven't Filed Responses, Summons Secretaries

In a plea seeking enforcement of fundamental duties as enshrined in Part IV-A of the Constitution of India, the Supreme Court, on Tuesday, expressed displeasure that the State Governments are not filing their counter affidavits within the time period stipulated by it.A Bench comprising Justice S.K. Kaul, Justice Manoj Misra and Justice Aravind Kumar was apprised by Senior Advocate, Mr....

Invalid Assumption Of Jurisdiction: Orissa High Court Quashes Reassessment Notices Against Vedanta

The Orissa High Court has quashed the reassessment notice issued against Vedanta Resources Ltd. (VRL) on the grounds of an invalid assumption of jurisdiction.The division bench of Chief Justice Dr. S. Muralidhar and Justice M.S. Raman observed that under Section 127(2)(a), no transfer of jurisdiction can take place without affording the Assessee a reasonable opportunity of being heard in...

Supreme Court Appoints Former Judge Nageswara Rao To Oversee Election Of Hyderabad Cricket Association

The Supreme Court, on Tuesday, appointed retired Supreme Court judge, Justice L. Nageswara Rao as a single-member committee to oversee the process of election of the Hyderabad Cricket Association. Sr. Advocate Jayant Bhushan pointed out that the election has not been conducted and in the meantime the 3-year term of the supervisory committee is over. He submitted that at present, the...

Bank Wrongfully Keeps Lawyer's Name In Loan Defaulters List; Supreme Court Affirms Rs 5 Lakhs Compensation

The Supreme Court, on Monday, upheld the order of National Consumers Disputes Redressal Commission Directing Canara Bank to pay Rs. 5 lakhs to a lawyer, who was kept in the loan defaulter’s list as per CIBIL, for about 7.5 years after discharging his loan obligations. A Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia recorded it its order - “We do not find any reason...

No Reason For AO To Believe Income Chargeable To Tax Escaped Assessment: Bombay High Court

The Bombay High Court has held that the development agreement permitted construction on the land only as a licensee, which did not have the effect of transmitting possession in favor of the licensee as per Section 53A of the Transfer of Property Act.The division bench of Justice Dhiraj Singh Thakur and Justice Kamal Khata has observed that there was neither any tangible material nor any...

No Listing Of 'After Notice Miscellaneous Matters' On Wednesdays & Thursdays In Supreme Court

Only regular hearing matters, apart from ten each transfer petitions and bail applications, will be heard on Wednesdays and Thursdays in the Supreme Court from now onwards. The practice of listing "after notice miscellaneous matters" on Wednesdays and Thursdays will be stopped. They would be accommodated only on miscellaneous days (Mondays and Fridays) subject to the availability of slot.“It...

Arbitrator Who Accepted Brief Of Party’s Lawyer In An Unrelated Matter, No Clash of Interest Involved: Bombay High Court

The Bombay High Court has ruled that there is no clash of interest involved where the Arbitrator had acted as a counsel and represented the Advocate representing the opposite party, in another unrelated matter for some other client. The bench of Justice Bharati Dangre concluded that the disqualification connection, contemplated under Item 3 of Schedule VII of the Arbitration...

Private Complaint For Offences Under IPC, Other Laws Not Barred Under Section 37 Of M.P. Society Registrikaran Adhiniyam: Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that a private complaint alleging commission of offences under Indian Penal Code and other laws is maintainable and will not be barred under section 37 of M.P. Society Registrikaran Adhiniyam, 1973.The court had framed the question as to whether a complaint filed by a private party against members of a registered society is liable to be dismissed...

MP High Court Directs State Counsel To Ascertain From Video Purportedly Made By Rape 'Victim' Herself If The Act Was Consensual Or Against Will

After the alleged rape victim claimed that she herself made the video of the incident, the Madhya Pradesh High Court last week directed the State Counsel to watch the video and ascertain whether the victim's action reveals consent or resistance to the alleged act of rape."Learned counsel for the State is requested to call for the I.O. with the pen-drive and perused the same in the A.G....

Supreme Court Closes Petition Seeking To Ban 'Zoom' Software

On Tuesday, the Supreme Court closed proceedings in a petition filed in 2020 seeking to ban the usage of the software application "Zoom" over security and privacy concerns.During the hearing, a Bench of Justices Sanjiv Khanna and MM Sundresh was told by Senior Advocate Arvind Datar that an inter-ministerial meeting was held to assess the safety features of zoom. "Nothing really survives in...

Complete Supreme Court Yearly Digest Part-3

Code of Criminal Procedure 1973Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the...

State GST Authority Can’t Prosecute If The Central Authority Has Already Initiated Action: Madras High Court

The Madras High Court has held that the State Authority cannot prosecute the petitioner once again as the Central Authority has already initiated action against the petitioner in respect of the very same subject matter.The bench of Justice Abdul Quddhose has observed that the petitioner will have to participate in the personal hearing and state all his objections with regard to the...