Drugs & Cosmetics Act | Complainant Must Prove "Exclusive Possession" Of Premises By Accused From Where Recovery Is Made: Telangana High Court

The Telangana High Court recently observed that a complainant under the Drugs and Cosmetics Act, 1940 is duty bound to prove the "exclusive possession" of premises by the accused where drugs have been found. The Observation came from Justice K. Surender "It is the bounden duty of the complainant to prove beyond reasonable doubt against the respondent/accused regarding...

Madras High Court Refuses To Stall AIADMK General Council Meeting, Rejects Plea By Ex-CM Paneerselvam

The Madras High Court on Monday refused to interfere with the general council meeting of the All India Anna Dravida Munnetra Kazhagam (AIADMK). The order of Justice Krishnan Ramasamy came at 9 in the morning, with the meeting scheduled to be held today. The plea to stall the meeting was filed by former Chief Minister O Paneerselvam, who argued that proper notice was not issued for conducting...

S.139 Evidence Act | IO Who Merely Collected Documents Can't Be Cross-Examined With Regard To Its Contents: Punjab & Haryana High Court

The Punjab and Haryana High Court recently refused to grant permission for cross-examination of an Investigating Officer who had collected documents against the Petitioner-accused in a corruption case, citing Section 139 of the Indian Evidence Act.The provision states that a person summoned to produce a document does not become a witness by the mere fact that he produces it, and cannot...

S.22 SRA | Civil Courts May Grant Ancillary Reliefs To Give Full Effect To Decree For Specific Performance: Telangana High Court

The Telangana High Court recently upheld an order passed by the Executing Court directing removal of illegal structures raised in the suit schedule property after passing of a decree for specific performance, ordering delivery of possession, in favour of the defendants/ decree holders.It observed that decree for specific performance cannot be frustrated in such manner and that the civil...

Bombay High Court Weekly Round-Up: July 3 to July 9 2022

NOMINAL INDEX Siddharth Pithani vs UOI 2022 LiveLaw (Bom) 241 Priya Malay Sheth versus VLCC Health Care Ltd. 2022 LiveLaw (Bom) 242 TATA Motors Ltd. & Anr. V The Brihan Mumbai Electric Supply & Transport Undertaking (BEST) 2022 LiveLaw (Bom) 243 Anganwadi Karmachari Sanghatana and ors vs. Union of India and ors. 2022 LiveLaw (Bom) 244 Monika Narendra Sharma...

Delhi High Court Weekly Round Up: July 4 To July 10, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 599 TO 2022 LiveLaw (Del) 633Case Title: Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 599Case Title: Ashwini Kumar Upadhyay v. Union of India 2022 LiveLaw (Del) 600Case Title: SH AWANEESH CHANDRA JHA v. ANIL PRASAD NANDA 2022 LiveLaw (Del) 601Case Title: JOHNSON JACOB v. STATE 2022 LiveLaw (Del) 602Case Title: DHRUV TEWARI v. DIRECTORATE...

Toll Charges Are Included In The Value Of Outward Supply: Tamil Nadu AAR

The Tamil Nadu Authority of Advance Ruling (AAR) consisting of T.G.Venkatesh and K.Latha has ruled that the value of toll charges, being incidental expenses incurred while providing outward supply, is liable to be included in the value of outward supply of service. The applicant is in the business of providing support services in relation to the rental of road vehicles, including...

Supreme Court Judgment On Interpretation Of PMLA Provisions Expected Soon : A Recap Of The Main Issues

Upon reopening, the Supreme Court is expected to pronounce its judgment in the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002. Over a span of almost one and a half months, the Supreme Court heard arguments of the Senior Counsels representing the petitioners, the Solicitor General of India and the ASG appearing on behalf of the...

Arbitration Cases Weekly Round-Up: 3 July To 9 July, 2022

Bombay High Court: Invocation Of Arbitration Has To Be In Clear Terms; Merely Stating Claims Would Not Suffice: Bombay High Court Case Title: M/s. D.P. Construction versus M/s. Vishvaraj Environment Pvt. Ltd. The Bombay High Court has ruled that invocation of arbitration has to be in clear terms, as specified in Section 21 of the Arbitration and Conciliation Act, 1996 (A&C...

No Illegality In Issuing Disqualification Notices To Eknath Shinde & 15 Shiv Sena Rebels : Maharashtra Deputy Speaker To Supreme Court

Opposing the petitions preferred by rebel Shiv Sena leader Eknath Shinde (who was later sworn-in as the Chief Minister of Maharashtra) against the disqualification notices issued by the Deputy Speaker to rebel MLAs for proceedings under the tenth schedule of the Constitution over alleged defection, Maharashtra Deputy Speaker Narhari Sitaram Zirwal has submitted before the Top Court that...

Even Though Limitation Is Not Set Up As Defence, Tribunal Should Examine: NCLT Chennai

The National Company Law Tribunal (NCLT), Chennai Bench, comprising of Justice (Retd.) S. Ramathilagam (Judicial Member) and Shri Anil Kumar B (Technical Member), while adjudicating an application filed in Bank of Baroda v Rajiv Rai, has held that limitation applies to an application filed under Section 95 of the Insolvency and Bankruptcy Code, 2016 ("IBC") for initiating...

Information Memorandum Should Reflect Creditors Claim , If It Finds Place In Balance Sheet : NCLT Indore

The National Company Law Tribunal ("NCLT"), Indore Bench, comprising of Shri Madan B. Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application filed in Bank of Baroda v Divya Jyoti Industries Ltd., has held that if a claim of a creditor appears in the audited balance sheet of the Corporate Debtor, then it is the duty of...