Engagement Of Child Not Offence U/S 11 Of Child Marriage Act: Rajasthan High Court Quashes Criminal Proceedings Against Father

The Rajasthan High Court observed that Section 11 of the Prohibition of Child Marriage Act, 2006 makes it abundantly clear that organising marriage is a sine qua non to constitute an offence under the Act. However, mere engagement of a child in any case does not amount to an offence under Section 11, added the court. Section 11 of the Act provides punishment for promoting or...

Mortgagor Has Right To Redeem Usufructuary Mortgage At Any Point Of Time: Supreme Court

The Supreme Court observed that once a usufructuary mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time.In this case, since the mortgage was not redeemed by the mortgagor within a period of 30 years, the plaintiff filed a suit for declaration that she had become the owner after the extinguishment of the mortgage rights and for permanent injunction. The...

Resolution Professional Can Submit An Additional Report Under Section 99 Of Insolvency And Bankruptcy Code, 2016: NCLAT

NCLAT principal bench comprising of Justice Ashok Bhushan, Dr. Alok Srivastava & Ms. Shreesha Merla in the case of Ramesh Chander Agarwala versus State Bank of India held that the Resolution Professional can submit an additional report under Section 99 of the Insolvency & Bankruptcy Code, 2016. Personal Guarantors of a corporate debtor filed an appeal under Section 61 of the...

CBDT's Grace Marks Policy For Dept Exam Not Meant To Allow Reserved Category Candidate To Switch Over To General Category: Supreme Court

The Supreme Court observed that the benefit of the grace marks policy introduced by Central Board of Direct Taxes for Departmental Examination for Income Tax Inspectors is not to allow the reserved category candidate to switch over to general category. "Only in a case where any candidate belonging to any category is marginally failing to pass the examination, he is/was to be allowed the...

Even If Credit Facility Agreement Is Unstamped, Section 7 Petition Is Maintainable, On Proving Financial Debt : NCLAT Principal Bench

The National Company Law Appellate Tribunal ("NCLAT") Principal Bench comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Aashish Kadam & Anr. v Nagpur Nagarik Sahakari Bank Ltd. & Anr., has held that if a credit facility agreement is unstamped, then petition...

Resolution Professional Is Not Entitled To Fees During Stay On Insolvency Proceedings: NCLAT

NCLAT principal bench comprising of Justice Ashok Bhushan & Ms. Shreesha Merla in the case of IndusInd Bank Ltd. versus Mr. Rajendra K Bhuta held that the Resolution Professional is not entitled for any professional fees during the period of stay on the corporate insolvency resolution process. IndusInd Bank filed an appeal under Section 61 of the Insolvency and Bankruptcy Code,...

Delhi Govt vs LG - Centre's Plea For Larger Bench Reference An Attempt To Review Constitution Bench Judgment : Singhvi Tells Supreme Court

The Government of National Capital Territory of Delhi(GNCTD) on Thursday submitted before the Supreme Court that the Central Government's request for reference of the dispute relating to the control over civil servants to a Constitution Bench is actually an attempt for a reconsideration or review of the 2018 Constitution Bench judgment.Senior Advocate Dr Abhishek Manu Singhvi, appearing for...

'Exercise Caution While Settling Question Papers For Judicial Exams' : Supreme Court To Rajasthan High Court

The Supreme Court, on Thursday, asked the Rajasthan High Court to exercise caution while settling question papers and answer keys for Examinations pertaining to recruitment of Civil Judges. "Before parting we caution the High Court (Rajasthan) in future whenever examination of Civil Judges is conducted care and caution to be taken by the settler of the papers and also the answer keys...

Supreme Court Directs NALCO To Allocate 90,000 Metric Tons Of Alumina To Vedanta As Full & Final Settlement

The Supreme Court on Wednesday directed the National Aluminium Company Ltd (NALCO) to allocate a total quantity of 90K metric tons of alumina to Vedanta Resource Limited, UK ("VRL-UK") as full & final settlement of the entire outstanding quantity remaining to be executed. While directing NALCO to allocate the same from a period commencing from May 1, 2022 and ending on July 31,...

Subscription Fee Towards Cloud Services Not Taxable As Royalty: Delhi ITAT

The Delhi Bench of ITAT, consisting of members Anubhav Sharma (Judicial Member) and R.K. Panda (Accountant Member), has ruled that subscription fee received towards Cloud Services is not taxable as royalty. The Microsoft Corporation, USA is the ultimate parent entity of the Assessee MOL Corporation which is incorporated in the United States of America. Due to certain License...

Calcutta High Court Allows 17 Yr Old Rape Victim To Undergo Medical Termination Of Pregnancy

The Calcutta High Court on Wednesday permitted a 17 year old rape victim to undergo medical termination of pregnancy after taking into consideration the report filed by the Child Welfare Committee (CWC) and the report of the concerned Medical Board. Justice Rajasekhar Mantha took on record the report filed by the CWC addressed to the concerned Public Prosecutor, West Bengal wherein it had...

'We Don't Appreciate This' : Supreme Court Gave Last Opportunity To Andhra Govt To Clarify Diversion Of SDRF Funds To Personal Deposit Accounts

The Supreme Court, on Thursday, provided last opportunity to the State of Andhra Pradesh to file its counter affidavit in the plea assailing the act of the Andhra Pradesh Government of transferring funds from the State Disaster Response Fund ("SDRF'), from where the ex-gratia compensations are being disbursed to the kins/family members of the persons who have lost their lives to...