Allahabad High Court Weekly Roundup: May 16 To May 22, 2022

NOMINAL INDEX Manvir v. State 2022 LiveLaw (AB) 242 Preeti Malik v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 243 Anwar Ali v. State Of U.P. And Anr 2022 LiveLaw (AB) 244 Rajneesh Kumar Pandey v. Union of India and others 2022 LiveLaw (AB) 245 Dashrath Singh v. State of U.P. and Others 2022 LiveLaw (AB) 246 Ankita Dikshit v. State Of U.P. And Anr. 2022 LiveLaw...

Bombay High Court Weekly Round Up : May 16 To May 22,2022

Nominal Index Prem Rajendra Prasad Dubey vs The State of Maharashtra 2022 LiveLaw(Bom) 190 Ganpatrao Janardhan Patil vs State of Maharashtra 2022 LiveLaw(Bom) 191 Bhavani Gems Private Limited Versus Assistant Commissioner of Income Tax 2022 LiveLaw(Bom) 192 Praful A. Mehta versus Nainesh M. Gandhi 2022 LiveLaw(Bom) 193 Souvenir Developers (I) Pvt. Ltd. versus Union...

'Continuing Unlawful Activity' For Gaining Advantages Other Than Economic Or Pecuniary Is Also An "Organised Crime" Under MCOCA: Supreme Court

The Supreme Court observed that continuing unlawful activity with the objective of gaining advantages other than economic or pecuniary is also an "organised crime" under Maharashtra Control of Organised Crime Act, 1999.There could be advantage to a person committing a crime which may not be directly leading to pecuniary advantage or benefit but could be of getting a strong hold or supremacy...

"Majority Of Parents Blame Daughter In Law If Their Son Dies Untimely": Allahabad HC Orders Compassionate Appointment For Widow

"...majority of the parents, whose son dies untimely, blame his widow for his death and want to get rid of her by resorting to all means, fair and foul, to deprive her of the estate of her husband," the Allahabad High Court observed as it ordered compassionate appointment for a widow.The bench of Justice Siddharth observed thus while hearing a plea filed by Deepika Sharma seeking a direction...

'Condemned In Strongest Words' : SCAORA Objects To SCBA President's Demand To Scrap AoR Exam For Advocates With 10 Yrs Practice

The Supreme Court Advocates-on-Record Association(SCAORA) has taken objection to letter written by Senior Advocate Mr.Vikas Singh, the President of the Supreme Court Bar Association, to the Chief Justice of India requesting that advocates with more than 10 year practice in the Supreme Court should be exempted from the exam for selecting Advocates-on-Record (AOR).Mr.Singh sought an amendment...

FIR Under 'UP Gangsters Act' Can Be Lodged On The Basis Of A Single Case: Allahabad High Court

The Allahabad High Court recently observed that a first information report under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 can be lodged on the basis of the involvement of an accused in a single previous caseThe Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal observed thus while relying upon an earlier judgment of the High Court in the...

Delay In Filing Appeal Based On COVID-19 Reasons: ITAT Imposes Penalty Of Rs.25,000

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) headed by Mahavir Singh (Vice President) and Manoj Kumar Aggarwal (Accountant Member) has imposed a penalty of Rs. 25,000 on the assessee for the delay of 1217 days in filing the appeal due to COVID-19. The appellant/assessee has challenged the order of CIT (A) in the matter of assessment framed by AO under section 143(3)...

Karnataka High Court Weekly Round-Up: May 16 To May 22, 2022

Nominal Index: Ashwini v. State of Karnataka, 2022 Livelaw (Kar) 160 Prashanth Sambargi v. The State of Karnataka And Anr, 2022 Livelaw (Kar) 161Injamam Shariff v. State of Karnataka, 2022 Livelaw (Kar) 162Good Shepherd Convent v. State of Karnataka And Others, 2022 Livelaw (Kar) 163Chief Executive Officer and Anr v. K.V.Puttaraju, 2022 Livelaw (Kar) 164Sushil Goel And Anr v. State At...

Not Pressing Criminal Appeal By Accused After Conviction By Lower Court Is Like Confession Of Offence: Allahabad High Court

"Not pressing the criminal appeal after the conviction of the accused by the court below is like the confession of the offence by the accused," the Allahabad High Court observed recently as it upheld the conviction of a man under Section 354 IPC [Assault or criminal force to woman with intent to outrage her modesty].The Bench of Justice Suresh Kumar Gupta however reduced the sentence of...

Disha Case : Judicial Commission Faults Police For Not Registering FIR On Woman Missing Complaint Citing Lack Of Jurisdiction

In relation to the alleged encounter killings of the accused in the gang rape and murder of a 26-year-old veterinary doctor(Disha case), the judicial enquiry commission appointed by the Supreme Court has found fault with the Telangana police for refusing to register the FIR, when the parents of the victim had complained about her missing.The Commission noted that the police turned away...

Arbitration Cases Weekly Round-Up: 15th May to 21st May, 2022

Bombay High Court: Novation Of Partnership Deed, Arbitration Clause Contained In The Deed Can Be Invoked: Bombay High Court Case Title: Praful A. Mehta versus Nainesh M. Gandhi The Bombay High Court has ruled that the allegation of forgery is required to be dealt with at the stage of trial before the Arbitrator. The Single Bench of Justice A. K. Menon dismissed the...

Non-Payment Of TDS Amount Not A Ground For Initiating CIRP: NCLAT Delhi Imposes Cost Of Rs. 1 Lakh On The Applicant

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson), Ms. Shreesha Merla (Technical Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Amitabh Roy v Master Development Management (India) Pvt. Ltd, has held that an application under Section 9 of the Insolvency and Bankruptcy...