Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct

The Madhya Pradesh High Court recently set aside the order of the Disciplinary Authority against a former lower court Judge, whereby he was held guilty of misconduct. Corollary to the same, the Court also set aside the order of his compulsory retirement. He was held guilty by the Disciplinary Authority for, among other things, granting bail with "corrupt or oblique motive" and for...

Bank Can't Seek Issuance Of 'Look Out Circular' For Recovery Of Dues Unless Economic Interest Of Country Is Involved: Karnataka High Court

The Karnataka High Court has said the request for issuance of a Look out Circular (LOC) or preventing a person (defaulter of loan) from travelling abroad cannot be a mode of recovery of dues by a bank, unless there is an element of fraud and economic interest of the country is involved. A single judge bench of Justice SG Pandit partly allowed the petition filed by one Leena Rakesh...

Maharashtra Political Crisis : PIL In Bombay High Court Seeks FIR For "Public Nuisance" & "Sedition" Against CM Uddhav Thackeray, Sanjay Raut And Aditya Thackeray

A PIL has been filed in the Bombay High Court seeking registration of an FIR against the CM of Maharashtra Uddhav Thackarey, his son Aditya Thackarey and close aide MP Sanjay Raut for alleged "public nuisance" and sedition. Petitioner Hemant Patil, who claims to be a social and political activist from Pune, has further sought to restrain them from organising press conferences or tours...

Arrest Of AltNews Co-Founder Mohammed Zubair : Delhi Court Remands Him To 4 Days Police Custody [LIVE UPDATES]

A Delhi Magistrarte is hearing the Delhi police plea for remand of Mohammed Zubair, co-founder of fact checking website AltNews, who was arrested yesterday in a case over a tweet made in 2018 for allegedly hurting of religious sentiments.Zubair is produced before Chief Metropolitan Magistrate Snigdha Sarvaria of the Patiala House Court.Senior Advocate Vrinda Grover is appearing for...

Courts Should Make Every Endeavour To Dispose A Case On Merits Rather Than On Default: Kerala High Court

The Kerala High Court last week ruled that courts should attempt to dispose of matters on merit rather than on default and avoid utilising a hypertechnical approach when presented with a case. Justice C.S Dias held so after observing that a trial court had overlooked the timely submission of a written statement in a money suit merely because it contained certain formal defects. "I find that...

CIRP Conducted In A "Brazen Manner": IBBI Suspends Insolvency Professional For Three Years

The Disciplinary Committee of the Insolvency and Bankruptcy Board of India ("IBBI"), while adjudicating a Show Cause Notice dated 08.04.2022 in the matter of Mr. Partha Sarathy Sarkar (Insolvency Professional), has suspended the Insolvency Professional for a period of three years for acting in contravention of the Insolvency and Bankruptcy Code, 2016 ("IBC") and the IBBI...

Supply Of U-Bolt And Front Spring Bolt Made Up Of Steel Attracts 18% GST: AAR

The Uttarakhand Authority of Advance Ruling (AAR) consisting of members Anurag Mishra and Rameshwar Meena has ruled that 18% GST is payable on the supply of U-Bolt and Front Spring Bolt made up of steel.The applicant is in the business of manufacturing and supplying goods such as nuts, bolts, and springs, etc., and the application for advance ruling relates to the classification...

Chip Import Monitoring System Is Applicable For Air/Sea Shipments: DGFT

The Director General of Foreign Trade has issued the following clarifications regarding the Chip Import Monitoring System (CHIMS). The Notification No. 05/2015-2020 dated May 10, 2021 was issued amending the import policy of items covered under ITC (HS) codes 85423100, 85423200, 85423300, 85423900, and 85429000 falling under Chapter-85 of ITC (HS). As per the notification, the...

Reassessment Proceedings Can't Be Initiated On Same Set Of Facts Available: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has held that the reassessment proceedings cannot be initiated by applying a fresh application of mind to the same set of facts available at the time of the original scrutiny assessment proceedings.The assessee is in the business of real estate. The assessee e-filed its return of income, declaring a total loss. The assessee...

NCLT Kolkata Initiates Insolvency Process Against The Personal Guarantor Of Gontermann-Pipers (India) Ltd.

The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rohit Kapoor (Judicial Member) and Shri Harish Chander Suri (Technical Member), while adjudicating a petition filed in UCO Bank v Vinod Kumar Mittal, has initiated Insolvency Resolution Process against Mr. Vinod Kumar Mittal, who is the Personal Guarantor to the loan sanctioned to Gontermann-Pipers (India)...

Expenditure Incurred After Set-Up of Business Is Allowable As Deduction, Even If No Business Income Is Earned By The Assessee : ITAT Chennai

The Chennai Bench of ITAT has ruled that once the business of an assessee is set-up, all the expenditure incurred by it would be allowable as deduction, notwithstanding the fact that no business income was earned by the assessee during the relevant year. The Bench, consisting of Mahavir Singh (Vice President) and Manoj Kumar Aggarwal (Accountant Member), reiterated that there may be...

'Abuse Of Process, Frivolous Litigation' : Supreme Court Affirms Cost Of Rs 5 Lakhs Imposed On Litigant

Quoting its earlier observations about how "the Indian judicial system is grossly afflicted with frivolous litigation" and how "a new creed of litigants has cropped up which does not have any respect for truth", the Supreme Court has said that the Bombay High Court's imposition of Rs. 5 lakhs cost on a lady aged 78 was "absolutely justified" in view of her "consistent effort to abuse the...