Office Bearer Can't Be Held Vicariously Liable In Criminal Proceedings Unless Company Is Made Accused: Jammu & Kashmir High Court Reiterates

The Jammu and Kashmir High Court recently observed that vicarious liability cannot be attached to the office bearers of a company till impleadment of the company as an accused. The observation came from Justice Sanjay Dhar: "Each and every action of the petitioners was in their capacity as office bearers of the company and whatever they did, the same was done on behalf of the...

Supreme Court Quarterly Digest 2022 - TAX (Jan - Mar)

Constitution of India, 1950 - Levy of Excise Duty - State Legislature has no authority to levy duty or tax on alcohol, which is not for human consumption as that could be levied only by the Centre - State only empowered to levy excise duty on alcoholic liquor for human consumption. State of Orissa v. Utkal Distilleries Ltd; 2022 LiveLaw (SC) 240 Constitution of India, 1950; Article 226...

Private Schools Must Fill Up Backlog EWS Seats In Next 5 Yrs: Delhi High Court

The Delhi High Court has asked the Delhi Government to make every endeavour to ensure that the backlog of unfilled EWS seats in private schools, both on private and government lands, is filled-up in the next five years in a phased manner; i.e., 20% of the vacancies each year, in addition to the mandated annual 25% intake. A division bench comprising of Justice Najmi Waziri and Justice...

Convict's Sentence Enhanced My Modifying Trial Court Judgment Under Reader's Signature: Punjab & Haryana HC Asks Appellate Court To Conduct Inquiry

Punjab and Haryana High Court recently came across a case where the original order of conviction passed by the Trial Court was modified under the signature of the Reader of the Court, during the pendency of an appeal preferred by the convict against the said judgment, thereby enhancing the sentence of the convict from 2 months to two years. The bench comprising Justice Arvind Singh...

Not Necessary To Gain Journalism Experience From Govt Company For Appointment As Class II Assistant Director Of Info At State's I&B Dept: Gujarat HC

The Gujarat High Court has made it clear that the Assistant Director of Information (Journalism) Class II Recruitment Rules, 2015 nowhere stipulate that Journalism experience necessarily has to be from a government organization for appointment to the post of Assistant Director of Information (Journalism) Class II."Nowhere does Recruitment Rule stipulate that it has to be in only a government...

No VC Hearing In Supreme Court Today Due To Internet Disruption In Heavy Rains-UPDATE- VC Hearings Resumed

UPDATE: Internet services have been restored, VC hearings can be accessed through links provided.The Video Conference (VC) hearings in Supreme Court have been cancelled for today due to the disruption of internet services in Delhi's heavy rains.Therefore, hearings in the Supreme Court will be only through physical mode today. Two vacation benches are hearing matters today.A message sent by...

Orissa High Court Weekly Round Up: May 23 - May 29, 2022

Nominal Index: 1. Dr. Minaketan Pani v. State of Orissa, 2022 LiveLaw (Ori) 81 2. Krushna Prasad Sahoo v. State of Orissa & Ors., 2022 LiveLaw (Ori) 82 3. Chittaranjan Mohanty v. State of Odisha & Ors., 2022 LiveLaw (Ori) 83 4. Lasyamayee Mohanta v. Union of India & Ors., 2022 LiveLaw (Ori) 84 5. Rabindra Panigrahi v. State of Odisha & Ors., 2022 LiveLaw...

Persons Ineligible To Participate In Tender Process Can't Overcome Disqualification By Entering Into Joint Venture: Punjab & Haryana High Court

Punjab and Haryana High Court has upheld an order vide which Sharma Constructions Joint Venture was declared technically non-compliant for e-tender floated by Punjab Agro Industries for the supply of gypsum for agriculture use, on the ground of being ineligible. The Court noted that the expert committee of the authorities had examined the issue detail and found the petitioner to...

Rajasthan High Court Weekly Roundup: May 23 To May 29, 2022

Nominal Index Chandra Bhal Singh v. State Of Raj And Ors and connected matters.2022 LiveLaw (Raj) 169 Pradeep Kumar & Ors. v. State Of Rajasthan & Anr. 2022 LiveLaw (Raj) 170 Hemraj v. State of Rajasthan 2022 LiveLaw (Raj) 171 Mangal Das through LRS v. Amar Singh through LRS 2022 LiveLaw (Raj) 172 Fula @ Fulchand v. State Through PP 2022 LiveLaw (Raj)...

Mentally Disabled Persons Entitled To Have Assessment Done At Their Homes For Disability Certificate : Madras High Court

In a verdict emphasizing the right to dignity of mentally disabled persons, the Madras High Court held that they are entitled to have the assessment done at their residences for the purposes of getting disability certificate under the Rights of Persons with Disabilities Act 2016.A single bench of Justice GR Swaminathan issued the direction after taking note of the hardships underwent by...

Recovery Certificate Holder Can Initiate CIRP As Financial Creditor Under IBC : Supreme Court

The Supreme Court, on Monday, held that a liability in respect of a claim arising out of a Recovery Certificate under the Recovery of Debts and Bankruptcy Act, 1993 would be a "financial debt" within the meaning of Section 5(8) of the Insolvency and Bankruptcy Code, 2016 (IBC) and a holder of such Recovery Certificate would be a "financial creditor" under Section 5(7) of the IBC....

No Further Exemptions Be Granted To NSFs Not Complying To Sports Code, Fairness & Legitimacy Need To Imbue All Governmental Affairs: Delhi HC

Observing that fairness and legitimacy need to imbue all governmental affairs, the Delhi High Court has observed that it is imperative that no further exemptions be granted to or lenience be shown to National Sports Federations who are not complying with the Government of India's National Sports Code, 2011. A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan added...