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NCLT Mumbai Initiates Insolvency Proceedings Against Sahara Hospitality, Owner Of Hotel Sahara Star
The National Company Law Tribunal's (NCLT) Mumbai bench has initiated insolvency proceedings against Sahara Hospitality Limited, that owns Hotel Sahara Star, for an alleged default of around Rs 50 crore. Judicial Member Justice P.N. Deshmukh (retd) and Technical Member Shyam Babu Gautam admitted a Company Petition (CP) under Section 9 of the Insolvency & Bankruptcy Code,...
When Substantial Evidence Is Lacking To Connect Accused With Crime, Other Corroborative Evidence Loses Significance: Gujarat High Court
The Gujarat High Court has held that where substantial evidence to connect an accused with the crime is lacking, other corroborative evidence loses its significance.In light of the aforesaid, a Bench comprising Justices SH Vora and Rajendra Sareen upheld an order of acquittal passed by the Sessions Court in a criminal case under Sections 143, 147, 148 and 302 of the Indian Penal Code and...
'Necessary Steps Being Taken': Telangana High Court On PIL To Make Environmental Science A Compulsory Subject At School & University
The Telangana High Court has disposed of a PIL seeking a direction to the respondent-State to make Environmental Science a compulsory subject following the decision in MC Mehta v. Union of India (1992). In MC Mehta, a PIL was filed for issuing appropriate directions to cinema exhibition halls to exhibit slides and to disseminate information on environment free of cost. While disposing of...
Inquiry In Anticipatory Bail Applications Must Be Limited To Applicant's Case, Can't Be Directed Against Third Parties : Supreme Court
The Supreme Court, on Thursday, held that it is not open for High Courts to implead third parties in exercise of powers under Section 438 of the Code of Criminal Procedure, the provision that deals with anticipatory bail. In a plea assailing interim orders of the Patna High Court which had issued notice seeking appearance of Sahara Chief Subrata Roy in anticipatory bail proceedings of...
Beef Ban: Gauhati High Court Issues Notice On Plea Challenging "Complete Ban" In Municipal Area
The Gauhati High Court has issued notice on a petition challenging "complete ban" on business of selling beef in Assam's Sonari Municipal area. The question that has arisen before a single bench comprising of Justice Sanjay Kumar Medhi is whether the Assam Cattle Preservation Act, 2021 contemplates an absolute beef ban or whether the Municipal Corporation is obliged to allot an appropriate...
If Age Of Victim Girl Is Suspicious & Not Proved, Benefit Of Doubt Is Extended To Accused Under POCSO Act: Telangana High Court
In a recent case, the Telangana High Court ruled that benefit of doubt has to be extended to the accused under the POCSO Act, if the age of the victim girl cannot be proved by prosecution to be below 18 years of age. Brief Facts of the case The appellant/accused was convicted for the offence under POCSO Act and Section 366A (punishment for procuration of minor girl),...
Courts Can't Enter Into Merits Of Selection Process Unless Selection Committee Has Been Malafide Or In Violation Of Statutory Rules: Delhi High Court
The Delhi High Court has held that it is not within the domain of the Courts, sitting in judicial review, to enter into the merits of a selection process, a task which is the prerogative of and in the expert domain of a Selection Committee. A division bench of Justices Sanjeev Sachdeva and Tushar Rao Gedela observed that it cannot act as an Appellate Authority and substitute its own opinion...
Consensual Physical Acts Cannot Be Taken As Defense If Girl Is Below 18 Yrs Of Age: Telangana High Court Upholds POCSO Conviction
The Telangana High Court has reiterated that the defense that acts of physical relationship was consensual between the accused and victim girl cannot be considered where the age of the girl was below 18 years.Stating thus, a single bench of Justice K. Surender dismissed an appeal challenging conviction under the Protection of Children from Sexual Offences Act, 2012. The appellant...
Simultaneous Prosecution Of Accused U/S 420 IPC & S.138 NI Act On Same Set Of Facts Not "Double Jeopardy": J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has ruled that the test to ascertain and uphold the fundamental right against "double jeopardy", which is guaranteed under Article 20(2) of the Constitution, is that whether the former offence and the offence now charged have the same ingredients in the sense that the facts constituting the one are sufficient to justify a conviction of the other...
Vessel Support Services Provided In Relation To Foreign Vessels Sailing To Other Countries Falls Under "Export of Services": AAR
The Tamil Nadu Authority of Advance Ruling (AAR) has ruled that the vessel support services provided in relation to foreign vessels sailing to other countries outside India fall under "export of services" as per Section 2(6) of the IGST Act, as the "place of supply" in such cases is entirely "outside India". The two-member bench of T.G.Venkatesh and K.Latha has observed that if...
JJ Act | Child In Conflict With Law Can Seek Anticipatory Bail U/S 438 CrPC: Bombay High Court
The Bombay High Court has held that a child in conflict with law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) can file an application under Section 438 of CrPC, seeking anticipatory bail.A division bench of Justices Sarang Kotwal and Bharat Deshpande observed,"When a child in conflict with law is apprehended, his liberty is curtailed. Section 438 of...