News Updates
Sessions Court Can't Quash Cognizance & Summoning Order Of Magistrate While Exercising Its Revisional Power: Allahabad High Court
In a significant observation, the Allahabad High Court has observed that while exercising the revisional power, the Sessions Court cannot quash the cognizance and summoning order passed by the Magistrate as its revisional jurisdiction is very limited.The Bench of Justice Shamim Ahmed further added that in case the Sessions Court finds any illegality, irregularity, or jurisdictional error...
"Such Munnabhais Are Detrimental To India's Future": UP Court Convicts 3 Men For Criminal Conspiracy, Impersonation In IBPS Exam
A local court in Ghaziabad last week convicted 3 men for the offences of being a party to criminal conspiracy, committing cheating by impersonation in connection with the 2014 IBPS exam impersonation fraud. While awarding them 3 years in imprisonment, the Special Judicial Magistrate (CBI) Ghaziabad Shivank Singh observed that the role of youth will determine India's future and...
Prophet Remark Row | Calcutta HC Seeks State's Response On Plea To Initiate Criminal Proceedings Against Nupur Sharma & Naveen Kumar Jindal
The Calcutta High Court on Monday sought the State government's response in a Public Interest Litigation (PIL) petition seeking initiation of criminal proceedings against suspended BJP leaders Nupur Sharma and Naveen Kumar Jindal over their derogatory remarks against Prophet Mohammad that led to an outrage in India and in Gulf countries. The plea also sought the recall of orders...
Party Can't Claim Refund Of Court Fee If Dispute Not Settled After Being Referred To Arbitration: Kerala High Court
The Kerala High Court has recently held that mere reference of a party for settlement under Section 89 of the Code of Civil Procedure would not entitle refund of court fee as provided under Section 69A of the Kerala Court Fees and Suits Valuation Act, unless it has been settled between the parties. Justice A. Badharudeen held that although settlement of disputes dealt under Section 89 of...
"He Is A Dreaded Criminal, A Canker In Society" Allahabad HC Denies Bail To Ex-MLA Mukhtar Ansari In Funds Misappropriation Case
While denying bail to former MLA Mukhtar Ansari (presently in jail) in connection with a case over misappropriation of MLA Funds fund in the year 2012-13, the Allahabad High Court on Monday called him a dreaded and 'White Collored' criminal, an interstate mafia and canker in societyThe Bench of Justice Rahul Chaturvedi also observed that Ansari is a hardened and habitual offender, who is in...
Underreporting Of Income Due To Re-Computation Of Disallowance By The AO, Does Not Amount To Misreporting Of Income: Delhi High Court
The Delhi High Court has ruled that where the underreporting of income allegedly done by the assessee is due to the re-computation of the disallowance under Section 14A of the Income Tax Act, 1961 by the Assessing Officer, it would not amount to misreporting of income. The Bench, consisting of Justices Manmohan and Manmeet Pritam Singh Arora, observed that the underreporting of income...
Plea In Allahabad High Court Challenges NOIDA Authority's Demolition Notice Declaring Constructions On Yamuna Floodplains As Illegal
A petition has been moved before the Allahabad High Court challenging a public notice issued by the NOIDA Authority on June 8 declaring that no construction is permissible in the Yamuna/Hindon flood plains area and all the constructions therein shall be liable to be demolished.In the past few days, several farmhouses/structures were demolished by the Noida Authority in its anti-encroachment...
Even In The Absence Of An Arbitration Agreement, The Matter Can Be Referred To Arbitration Under Section 18 Of The MSMED Act: Punjab And Haryana High Court
The Punjab and Haryana High Court has ruled that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitration under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act). The Single Bench of Justice Lisa Gill reiterated that the MSMED Act being a Special Act shall prevail over the Arbitration...
Rajasthan High Court Weekly Roundup: June 6 To June 12, 2022
Nominal Index Eptisa Servicios De Ingenieria SL versus Ajmer Smart City Limited 2022 LiveLaw (Raj) 181 Hemant Nahta v. The Honble Speaker, Rajasthan Assembly & Ors. 2022 LiveLaw (Raj) 182 Geetanjali Medical College And Hospital v. The Union of India with other connected matters 2022 LiveLaw (Raj) 183 1. Award Cannot Be Remitted To The Arbitral Tribunal Under Section...
File A Fresh Plea To Vote For MLC Polls: Bombay High Court Tells Cabinet Minister Nawab Malik
The Bombay High Court on Monday asked Maharashtra Cabinet Minister and NCP leader Nawab Malik to file a fresh plea to vote in the upcoming state MLC polls.Justice PD Naik refused to allow an amendment and pursue reliefs through Malik's pending petition regarding the Rajya Sabha Polls."File a fresh petition, this petition has become infructuous. By carrying out an amendment, a new prayer cannot...
Allahabad High Court Lawyers Write To CJ To Take Cognizance Of 'Illegal' Demolition Of Activist's House In Prayagraj
Four advocates of the Allahabad High Court have written to the Chief Justice to take cognizance of the 'illegal' demolition of the House in Prayagraj. Last evening, the Local authorities had demolished the home of Javed Mohammad, a leader of the Welfare Party of India and the father of activist Afreen Fatima.The four advocates namely: K.K. Roy, M Saeed Siddiqui, Rajvendra Singh and Prabal...
S.47-A(3) Of Indian Stamp Act Permits Collector To Issue Suo Motu Notice Within 3 Yrs From Date Of Registration Of Instrument: Punjab & Haryana HC
The Punjab and Haryana High Court has held that under Section 47-A of the Indian Stamp Act, if the Collector concerned believes that proper duty has not been paid on a respective property, he may give the person concerned reasonable opportunity of being heard and hold an enquiry under sub section (2).The bench comprising Justice Jaishree Thakur added that Section 47-A (3) empowers the...