Proceedings Under Section 34 Of Arbitration Act Also Covered By Moratorium Under Section 14 IBC: Supreme Court

The Supreme Court observed that an application under Section 34 of the Arbitration and Conciliation Act to set aside an award is covered by moratorium under Section 14 of the Insolvency and Bankruptcy Code.Section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in...

Non-Explanation By Accused In Section 313 CrPC Statement Cannot Be Used As A Link To Complete Chain Of Circumstances: Supreme Court

The Supreme Court observed that false explanation or non-explanation of the accused to the questions posed by the court under Section 313 of the Code of Criminal Procedure, cannot be used as a link to complete the chain.It can only be used as an additional circumstance, when the prosecution has proved the chain of circumstances leading to no other conclusion than the guilt of the accused,...

Amounts Paid By Indian Companies To Use Foreign Software Not 'Royalty';Not Income Taxable In India; No TDS Liability : Supreme Court

Settling an important issue in the income tax law, the Supreme Court on Tuesday held that the amounts paid by Indian companies for the use of softwares developed by foreign companies do not amount to 'royalty' and that such payment do not give rise to income which is taxable in India.Therefore, there is no liability for Indian companies to deduct tax at source with respect to purchase of...

Delhi High Court Directs Administrative Wing & Delhi Govt To Consider Digitization Of All Court Records

The Delhi High Court has observed that the technological infrastructure that was added to it for conducting virtual hearings during the Covid-19 pandemic must be capitalized even after resumption of physical hearings from March 15. A Division Bench comprising of Justices Vipin Sanghi and Rekha Palli ordered its administrative wing and the Government authorities to consider a...

Supreme Court Takes Note Of Prison Management Software Developed By Techie After Jail Term

The Supreme Court has suggested exploring the feasibility of adopting on a country wide basis the 'prison software' developed by a software engineer who himself served 13 months in jail.Amit Mishra, a software engineer, served 13 months in Bhondsi jail before he was acquitted in 2014. He was accused in a case in relation to his wife's suicide. In June 2015, he founded a company...

"Open To Petitioner To Live In The Stone Age, Courts Can't Impose Sanctions On How Media/Social Media Operates": Madras HC

"The Courts are not there to impose sanctions or guidelines on how the media or even social media operates and it is for the other agencies to do so, based on the policy decision taken by the legislature of the day or the executive arm" : Madras High Court

Another Bombay High Court Bench Raises Concerns Over Social Distancing Norms Not Being Followed

Less than a month after Justice Gautam Patel of the Bombay High Court threatened to go back to virtual hearings if social distancing norms were not adhered to, a division bench headed by Justice SS Shinde has issued a similar warning. On Monday, the division bench assigned to hear criminal matters, raised concerns about over-crowding in the courtroom and directed advocates and...

"No Person Has Right To Retain Encroached Land": Gujarat High Court Denies Relief To Evicted Slum Dwellers; Asks State To Frame Land Allotment Policies

In a significant judgment touching upon the interplay of slum dwellers' right to shelter and menace of land encroachment, the Gujarat High Court has held, "Right to shelter is a fundamental right, which springs from the right to residence assured in Article 19(1)(e) and right to life under Article 21 of the Constitution. It is a constitutional duty of the State to provide house sites...

Supreme Court Issues Notice In Plea Seeking Termination Of Pregnancy Of A 14-Year Old Girl, Seeks Medical Board's Report

Supreme Court has on Tuesday issued notice in a plea of a 14 year old girl seeking termination of her 27 weeks old pregnancy. A three-judge Bench of CJI Bobde, Justices AS Bopanna and V Ramasubramaniam has directed the Medical Board to submit its report in 1 week. During the hearing Advocate VK Biju appearing on behalf of the victim girl requested the Court to direct the medical...

Allahabad High Court Pulls Up Govt For Failing To Consider Remission/ Commuting Sentence Of Eligible Convicts

The Allahabad High Court recently pulled up the UP Government for its failure to comply with the mandate of Sections 432 (Power to suspend or remit sentences) and 433 (Power to commute sentence) of the CrPC. A Division Bench comprising of Justices Dr. Kaushal Jayendra Thaker and Gautam Chowdhary held that the provisions are mandatory in nature and the Government has a bounden duty...

Breaking- "Threat To Life From Shiv Sena Leaders": Kangana Ranaut Moves SC Seeking Transfer Of Three Criminal Cases Against Her From Mumbai To Court In HP

Bollywood actress Kangana Ranaut and her sister Rangoli Chandel, who are facing prosecution in three criminal cases in Mumbai for her critical remarks on social media, has moved the Supreme Court seeking transfer of these cases to Himachal Pradesh."Petitioners face a threat unto life if the trials proceed in Mumbai, because of personal vendetta of Shiv Sena leaders against the...

'Prosecutrix Testimony Not Reliable': Allahabad High Court Acquit Rape Accused After 20 Yrs In Jail, Appeal Remained Defective For 16 Years

After conviction by the Trail Court, the Appellant preferred the instant appeal in 2005 through jail, which remained defective for a period of 16 years. This defective conviction appeal was taken up as listing application and was filed by the Legal Services Authority with a special mention that accused is in jail for 20 years.