Delhi Mayor Polls | Supreme Court To Hear AAP Leader's Plea For Early Election Of MCD Mayor On Feb 3

The Supreme Court on Friday listed plea concerning timely conduct of Delhi Mayor Elections on 3rd February 2023. The matter was mentioned by Senior Advocate AM Singhvi before a bench comprising Chief Justice DY Chandrachud and Justice Dipankar Datta.The petition has been filed by Aam Aadmi Party's mayor candidate Dr Shelly Oberoi demanding timely conduct of Delhi mayoral elections.The Delhi...

Magician Gopinath Muthukad To Get Recognition Certificate From Kerala High Court For His Uplifting Work For Specially-Abled Children

The Kerala High Court on Wednesday recognised the efforts being made by magician Gopinath Muthukad for upliftment of the differently-abled children, and asked the Registrar General to convey the appreciation of court to Muthukad and the entire team of Different Art Centre (DAC).The court appreciated the famous magician in its decision on a petition challenging the exclusion of 'mentally...

Patent Application Can't Be Dissected For Registration Into Isolated Elements, Test Of Inventiveness Is Applied Considering Invention As A Whole: Calcutta HC

The Calcutta High Court recently, in hearing an appeal under Section 117A(2) of the Patents Act, has ruled that for applying the test of inventiveness of an invention sought to be registered under the Act, the same has to be applied by considering the invention as a whole. The Court further noted that as regards determining the obviousness of such invention, the Court ought to apply...

'Mentally Retarded Persons' Also Eligible For Tax Exemption For Motor Cars Purchased Since April 1, 1998: Kerala High Court

The Kerala High Court on Wednesday ruled that 'mentally retarded persons' are also entitled to tax exemption in purchase of motor cars, on par with the physically handicapped persons under the notification issued by the state government in 1998 under Section 22 of the Kerala Motor Vehicles Taxation Act, 1976. Justice P.V. Kunhikrishnan said when both the Disabilities (Equal...

Supreme Court Sets Aside Bail Condition To Deposit Rs 70 Lakhs In Case For Wrongfully Claiming ITC

The Supreme Court has overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit deposit Rs. 70 lakhs, the alleged amount of improperly claimed ITC.The petitioner contended that there was no final assessment in respect of the wrongful availment of ITC under the GST Act. Hence, it cannot be presumed that the appellant is under...

Extra-Judicial Confession Must Be Corroborated By Other Credible Evidence For Conviction: Gauhati High Court

The division bench of the Gauhati High Court has reiterated that extra judicial confession is a weak piece of evidence and it has to be corroborated by cogent and reliable evidence. The observation was made while setting aside the conviction and life sentenced of applicant under section 302 of IPC by the trial court. The bench of Justices Suman Shyam and Parthiv Jyoti...

Supreme Court Annual Digest 2022- SARFAESI Act 2002

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - After the CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited. (Para 24, 35) Indian Overseas Bank v. RCM Infrastructure Ltd; 2022 LiveLaw (SC) 496 : AIR 2022 SC 2687 : (2022) 8...

'Arbitrary Legal Sanction To Pervasive State Intrusion Into Private Lives': NFIW Challenges Anti-Religious Conversion Laws Of Eight States In SC

The National Federation of Indian Women has moved the Supreme Court challenging eight state legislations regulating religious conversions, i.e. Anti-Conversion and Freedom of Religion Acts of various states. Filed through AoR Aakarsh Kamra, the PIL challenges statutes enacted by the governments of Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, Uttar Pradesh...

Commercial Courts Act | Trademark Infringement Suits Not Exempt From Pre-Institution Mediation Merely Because There Is Penal Consequence: Madras HC

While rejecting a plea for leave to sue filed by Aachi Spices and Foods in a suit seeking an injunction restraining Karaikudi Achi Mess from using trademark name or similar sounding expression in any media, websites and other platforms, the Madras High Court has held that mere existence of a penal consequence cannot be a ground for a party to not comply with the mandatory requirement...

Is Arbitration Clause In Unstamped Contract Valid? Supreme Court Constitution Bench Reserves Judgment

A Constitution Bench of the Supreme Court, on Wednesday, reserved order in the reference, which pertains to the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.A 5-Judge Bench, comprising Justice K.M. Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose, Justice Hrishikesh Roy...

Collegium System Better Than Govt Appointing Judges; But It Is Non-Transparent, Non-Objective & Riddled With Nepotism : Prashant Bhushan

As the controversy over the collegium system refuses to die down, Advocate Prashant Bhushan added to the debate on Wednesday by saying that the existing judicial appointment mechanism, although better than allowing the government to have a direct vote, was still afflicted with a lack of transparency. Highlighting the failure of the superior courts to lay down any objective criteria...

Specially Distinguished Record Of Service Medal To 29 Officers: CBIC

The Central Board of Indirect Taxes and Customs (CBIC) has notified the names of 29 Officers for appreciation certificates and medals for “Specially Distinguished Record of Service”.Each year, the CBIC’s officers and staff are given consideration for Presidential Award of Appreciation Certificates and Medals for "Exceptionally Meritorious Service rendered at the Risk of Life" and...