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Amendment Of Plaint Cannot Be Permitted If It Is Likely To Change Nature Of The Suit: Supreme Court
The Supreme Court observed that, a Court would not be justified in allowing the amendment of plaint if the nature of the suit is likely to be changed.The bench comprising Justices MR Shah and BV Nagarathna also observed that the Plaintiffs cannot be permitted to join any party as a defendant who may not be necessary and / or proper parties at all on the ground that the plaintiffs...
Criminal Trespass Complaint Can't Be Made If Property Is Not In Possession Of Complainant: Karnataka High Court
The Karnataka High Court has held that a complaint of criminal trespass cannot be made if the property on which the accused is alleged to have trespassed is not in the possession of the complainant. A single judge bench of Justice M Nagaprasanna made the observation while quashing a complaint filed against Shivaswamy and others under sections 143, 427, 447, 448, 506 and 149 of the...
Candidates Wearing Kara/ Kirpan Must Be Given Advance Notice To Reach Exam Centre One Hour Before Reporting Time: Delhi High Court Tells DSSSB
The Delhi High Court has directed the Delhi Subordinate Services Selection Board (DSSSB) to ensure that an adequate notice is given to candidates desirous of wearing a kara or kirpan, regarding the additional requirement for them to reach the examination centre one hour before the reporting time. The court directed that the notice must be given well in advance so that no undue hardship is...
Court Under Section 34,37 Arbitration Act Cannot Modify An Award ; It Can Only Remand : Supreme Court
The Supreme Court observed that, under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the Arbitrator.The option would be to set aside the award and remand the matter, the bench comprising Justices Indira Banerjee and AS Bopanna said.The court was considering the appeals filed by National Highways Authority of India ('NHAI') assailing the...
Gyanvapi Case: Anjuman Committee Concludes Its Arguments Opposing Maintainability Of Hindu Worshippers' Suit Before Varanasi Court
The Anjuman Islamia Masjid committee today concluded its arguments before the Varanasi District Court on its Order 7 Rule 11 CPC application questioning the maintainability of the suit filed by five Hindu women (plaintiffs) over the Gyanvapi Mosque-Kashi Vishwanath temple dispute.Today's hearing lasted for more than 2 hours, wherein the Anjuman Committee concluded its argument, and the...
Counter-Claim Cannot Be Rejected Merely Because The Claims Thereunder Were Not Notified At The Pre-Arbitral Stage: Supreme Court
The Supreme Court has held that the counter-claim of a party cannot be dismissed merely because the claims were not notified before invoking the arbitration. The Division Bench of Justice M.R. Shah and Justice Sanjiv Khanna held that there is a difference between the word "Claim" and "Dispute" where the former may be a one-sided thing while the latter by its definition has two sides....
"Highly Influential Person Having Political Clout, May Tamper With Evidence": ED Opposes Karti Chidambaram's Anticipatory Bail Plea In Visa Scam Case
Opposing the anticipatory bail plea of Congress MP Karti P Chidambaram in an alleged Chinese vivas scam case, the Enforcement Directorate has told the Delhi High Court that Karti is a highly influential person having sufficient political clout and that there is an apprehension that he may influence the witnesses and tamper with evidences.Further stating that Karti has not been summoned by...
Renting Land For Fish/Prawn Farming Attracts 18% GST : AAR
The Andhra Pradesh Authority of Advance Ruling (AAR), consisting of D. Ramesh and RV Pradhamesh Bhanu, has ruled that 18% GST is payable on the rental of land for fish or prawn farming as the purpose of use of land was not mentioned in the lease agreement. The applicant had executed an agreement with Grobest Feeds Corporation (India) Private Limited for the purpose of taking a...
Bollywood Drug Probe: Executive Producer Kshitij Prasad Seeks Discharge, Says NCB Unnecessarily Trying To Rope In Members Of Film Industry
Bollywood executive producer and director, Kshitij Prasad has sought discharge in the NDPS Case related to actor Sushant Singh Rajput's death, claiming he was booked after he refused to falsely implicate people from the Bollywood film industry. Prasad was booked for alleged consumption and illicit trafficking of drugs under Sections 8(c) read with sections 20(b)(ii)A, 27, 27A, 28 and...
Jamiat Ulama-E-Hind Moves PIL Against Mandatory Learning Of Bhagavad Gita In Gujarat Schools: Gujarat HC Seeks Govt's Reply
The Gujarat High Court yesterday issued a notice to the Gujarat State Government on a plea filed by Jamiat Ulama-E-Hind challenging a resolution of the state government introducing the Bhagavad Gita in schools as a prayer programme, and including it in the curriculum. The PIL by the Jamiat Ulama-E-Hind has challenged the passed by the State Department of Education mandating the learning...
Twin Conditions In Section 10B (8) Income Tax Act Has To Be Fulfilled To Claim Exemption Relief: Supreme Court
For claiming the benefit under Section 10B (8) of the Income Tax Act, the twin conditions of furnishing a declaration before the assessing officer and that too before the due date of filing the original return of income under section 139(1) are to be satisfied and both are mandatorily to be complied with, the Supreme Court observed in a judgment delivered yesterday. Section 10B (8) IT...