BREAKING| Supreme Court To Pronounce Sentence Of Vijay Mallya For Contempt Of Court On July 11

The Supreme Court will pronounce the sentence of fugitive liquor baron Vijay Mallya for contempt of court for violation of court orders on July 11.A bench comprising Justices U U Lalit, S Ravindra Bhat and PS Narasimha had reserved orders on the sentence on March 10. The hearing proceeded in the absence of Mallya, who has absconded to the United Kingdom. The Union of India had earlier...

Gujarat Mining Rules | Locking Of Online ATR Account / Suspension Of Transit Permit Must Be Supported By Reasons In Writing: High Court

The Gujarat High Court has reiterated that under the Gujarat Mineral (Prevention of Illegal Mining Transportation and Storage) Rules, 2017, transit permit can be suspended/ locking of online ATR account can be ordered for alleged violations only for reasons to be recorded in writing.Justice AS Supehia observed,"Respondent authorities, at the first instance before locking the ATR account of...

Efflux Of Time Valid Ground To Reject Claim For Compassionate Appointment: Madras High Court

The Madras High Court has observed that a compassionate appointment cannot not be claimed as a matter of right, and only if a person is entitled under the terms and conditions so specified, can the scheme be extended. The court observed that a compassionate appointment is not a regular appointment as no selection is conducted, no suitability or eligibility is tested but the appointment is...

Social Media Curation Does Not Mean Arbitrary Shutting Down Of Accounts : Sanjay Hegde | Full Text Of Interview

Senior Advocate Sanjay Hegde discusses in this interview with Manu Sebastian, Managing Editor of LiveLaw, issues relating to social media regulation and concerns regarding censorship of free speech, in the backdrop of Twitter choosing to challenge some content blocking orders issued by the Government of India.The video of the interview can be watched here.The transcript of the interview is...

Repeated Sexual Activity With 9 Yr Old Child Not Possible Sans Any Injury In Vaginal/ Genital Area: JKL HC Sets Aside Rape Conviction

Observing that repeated sexual activity on a 9 year old child is not possible without any injury in the vaginal /genital area, the Jammu and Kashmir and Ladakh High Court recently set aside the conviction order of the trial court passed against a rape accused.Finding that the prosecutrix may have been tutored to make the statement for implicating the appellant falsely, the Bench of Justice M....

NCLT Have The Power To Replace Liquidator Under Insolvency And Bankruptcy Code, 2016: NCLT Chennai

National Company Law Tribunal, Chennai (NCLT) comprising of Justice S Ramathilagam and Mr. Anil B Kumar held that the NCLT have the power to replace the liquidator during the liquidation process of a Corporate Debtor under the Insolvency and Bankruptcy Code, 2016. (IBC/Code) NCLT initiated the Corporate Insolvency Resolution Process (CIRP) of Jeypore Sugar Company Limited (Jeypore...

Different Courts Different Orders On Use Of Nets In "Mosquito Prone" Taloja Prison

Just days after a special NIA court allowed an accused in the Antilia Terror Scare Case to use a mosquito net in the Taloja prison, another special court refused the same relief to Sagar Gorkhe and journalist Gautam Navlakha in the Bhima Koregaon – Elgar Parishad Case. Special NIA Judge Rajesh Katariya in the Elgar case, however, directed the Superintendent of Taloja prison to take...

Reopening of IT Assessment By Officer Having No Jurisdiction: Madras High Court Invalidates Proceedings

The Madras High Court invalidated the reassessment procedures on the basis that the reopening of the income tax assessment was conducted by an officer without jurisdiction.The division bench of Justice R. Mahadevan and Justice J.Sathya Narayana Prasad has observed that the ACIT Mumbai, who recorded the reasons for reopening the assessment, has no jurisdiction over the appellant, to issue...

Gujarat Mining Rules | Seized Property Must Be Produced Before Court Along With Written Complaint Within Expiry Of 45 Days: High Court

The Gujarat High Court has reiterated that it is obligatory for the investigator to approach the Court of Sessions with a written complaint and produce the seized properties before the Court on expiry of 45 days from the date of seizure, as specified under Rule 12 of the Gujarat Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2017.In the absence of such an...

Exporter Not liable For 'Change Of Landing Port' Instructions Given By Importer: CESTAT

The Ahmedabad Bench of the Customs, Excise and Service Tax Tribunal (CESTAT) has ruled that the exporter is not responsible for the instructions given by the importer regarding the change in the port after the issuance of a "Let Export Order" by the customs authority. The two-member bench of Ramesh Nair (Judicial Member) and Raju (Technical Member) has observed that the appellant lost...

Govt. Constitutes GoM On GST Appellate Tribunal

The government notified the constitution of the Group of Ministers (GoM) on the Goods and Services Tax Appellate Tribunal (GSTAT). At its 47th meeting, held on June 28 and 29, 2022 in Chandigarh, the GST Council discussed the changes required in provisions pertaining to the GST Appellate Tribunal in the GST laws. At the meeting, the Council decided to constitute a GoM to look into...

Philips vs Syska | Mere Trade Variants Of Pre-Existing Designs Not Capable Of Registration: Delhi High Court

The Delhi High Court has held that a design identical with or even materially similar to a pre-existing design should not be published or registered. A single judge bench of Justice Navin Chawla also held that mere trade variants of what is already in existence or what is common to the trade is not capable of being registered.Briefly, the facts of the case are that the plaintiff, Philips...