Kerala High Court Weekly Round-Up: June 20 To June 26, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 288- 303]Neethu v. Trijo Joseph, 2022 LiveLaw (Ker) 288T.K Pradeep v. Kerala State Road Transport Corporation & Ors, 2022 LiveLaw (Ker) 289XXX v. Union of India, 2022 LiveLaw (Ker) 290Suresh Raj v. National Investigation Agency, 2022 LiveLaw (Ker) 291Vijay Babu v. State of Kerala & Anr, 2022 LiveLaw (Ker) 292M/S C.S Company & Ors v....

Gauhati High Court Quashes Poll Code Violation Case Against Assam CM HB Sarma, Stresses On Need To Revisit S. 126 Of RP Act

In a significant observation, the Gauhati High Court has said that it is high time to re-visit the provision enunciated in Section 126 of the Representation of People Act which deals with the prohibition of public meetings/election campaigning during a period of forty-eight hours ending with hour fixed for conclusion of poll.The Bench of Justice Rumi Kumari Phookan observed thus as it quashed...

Tax Cases Weekly Round-Up: 19 June To 25 June, 2022

Delhi High Court Right To File Objection To SCN Can't Be Denied Due To One Day Delay: Delhi High Court Case Title: Ernst & Young, US LLP Versus ACIT Citation: 2022 LiveLaw (Del) 586 The Delhi High Court bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora ruled that the right to file an objection to the Show Cause Notice cannot be denied owing to a...

Consider Framing Guidelines For Issuance Of Notice Of Appearance Before Police Officers U/S 41A CrPC: Jharkhand HC To State Govt

In an important order, the Jharkhand High Court has asked the State of Jharkhand to consider framing appropriate guidelines regarding issuance of notice of appearance before police officers under Section 41A CrPC so that Jharkhand Police may be referred to as a Model Police.The bench of Justice Sanjay Kumar Dwivedi also referred to the Delhi High Court's 2018 ruling [Amandeep Singh Johar V....

Madras High Court Weekly Round-Up: June 20 2022 To June 26 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 258 To 2022 LiveLaw (Mad) 269 NOMINAL INDEX A. Shaamsudeen Raja v Raneesha P.V., 2022 LiveLaw (Mad) 258 K.Sadagopan v. State Rep.by, Inspector of Police and ors, 2022 LiveLaw (Mad) 259 D.Chandra v. The Tahsildar, 2022 LiveLaw (Mad) 260 Ponvelraj v....

Orissa High Court Orders Compensation To Woman Who Got Pregnant Even After Undergoing Sterilization

The Orissa High Court has ordered compensation to a woman who got pregnant even after undergoing sterilization process conducted by the State. While criticising the State for not following the proper procedures, a Single Bench of Justice Arindam Sinha observed, "State not having itself followed the procedure to the letter cannot turn around and say that petitioner had omitted to act...

Arbitration Cases Weekly Round-Up: June 19 – June 25, 2022

Bombay High Court: Arbitral Proceedings Cannot Be Imposed On A Debenture Trustee Under A Scheme Of Compromise, In The Absence Of An Arbitration Agreement: Bombay High Court Case Title: HMG Industries Ltd. versus Canara Bank Citation: 2022 LiveLaw (Bom) 224 The Bombay High Court has held that even though a Scheme of Compromise entered into under Section 391 of the Companies...

Advocates Shouldn't Advise Clients To Reagitate Matters If There Is No Error Apparent On Face Of Record: Allahabad High Court

In a significant remark, the Allahabad High Court has said that an advocate should not give such a piece of advice when there is no error apparent on the face of the record nor was there any other reason why the matter be re-agitated after it was finally decided.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma observed thus while dealing with a civil review...

Madhya Pradesh High Court Quarterly Digest: January To March 2022 [Citations 1-90]

NOMINAL INDEX Gangaram S/o Shri Kanha Ji Versus Commissioner, Indore Division & another 2022 LiveLaw (MP) 1 Kamla Bai and Others v. The State Of Madhya Pradesh And Others 2022 LiveLaw (MP) 2 Jayesh Gurnani v. Madhya Pradesh State Election Commission & Ors 2022 LiveLaw (MP) 3 Dr. Vijendra Dhanware & Another v. The State of Madhya Pradesh and others 2022 LiveLaw...

Gujarat Police Takes Teesta Setalvad Into Custody From Mumbai After Supreme Court Ruling In Riots Case

The Gujarat Police's Anti-Terrorism Squad has taken activist Teesta Setalvad into custody from her residence at Mumbai a day after the Supreme Court ratified the clean chit to Prime Minister Narendra Modi in the 2002 Gujarat Riots Case. She is to be taken to Ahmedabad.She was one of the petitioners in the plea seeking probe into alleged larger conspiracy behind Gujarat riots, which the...

Deliberately Concealing The Income, Assessee Can Be Prosecuted : Madras High Court

The Madras High Court has ruled that an assessee can be prosecuted for willfully and deliberately concealing his income by not filing his income tax return within the stipulated time, even after the return belatedly submitted by the assessee is accepted by the revenue authorities on the basis of which an assessment order is passed. The Single Bench of Justice G. Chandrasekharan...

Whether Income Tax Demand And Penalty Extinguished In CIRP ? Delhi High Court Stays Demand Notice

The Delhi High​​ Court bench of Justice Manmohan and Justice Manmeet Pritam Singh stayed an income tax assessment order and consequential demand and notice of penalty, which were assailed on grounds of being in contravention of the order of the National Company Law Tribunal (NCLT). An application filed by the Union of India (through the Ministry of Corporate Affairs) under...