Should Not Adopt Hypertechnical Approach When Accused Produces Evidence To Support Plea Of Juvenility: Kerala High Court

The Kerala High Court has held that courts shall not employ a hypertechnical approach when the accused produces sufficient evidence in support of his argument that he was a juvenile at the time of commission of the crime.Justice A. Badharudeen added that the claimant discharging the burden mentioned in the Juvenile Justice (Care and Protection of Children) Act or its Rules is sufficient to...

IBC Cases Weekly Round-Up : June 6 To June 12, 2022

NCLAT NCLT Has Power To Recall Its Order: NCLAT Case Title: Printland Digital (India) Pvt. Ltd. v Nirmal Trading Company Case No.: Company Appeal (AT) (Insolvency) No. 504 of 2022 The National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Alok Srivastva (Technical Member) recently held that the National...

NCLAT Upholds Imposition Of Rs. 200 Crores Penalty On Amazon By CCI As "Fair And Sensible"

The National Company Law Appellate Tribunal ("NCLAT"), New Delhi Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Ashok Kumar Mishra (Technical Member), while adjudicating an appeal in Amazon.com NV Investment Holdings LLC v Competition Commission of India & Ors., has upheld the order dated 17.12.2021 passed by the Competition Commission of India ("CCI")...

Subsidy Received From The Government In The Form Of Refund Of VAT And CST, To Encourage Industrial Growth, Is A Capital Receipt: Pune ITAT

The Pune Bench of ITAT has ruled that a subsidy granted by the State of Maharashtra, with the objective of encouraging industrial growth in less developed areas of the State, is a capital receipt even though the said subsidy is disbursed in the form of refund of Value Added Tax (VAT) and Central Sales Tax (CST). The Bench, consisting of S. S. Viswanethra Ravi (Judicial Member) and...

Delhi High Court Dismisses Brinda Karat's Plea Seeking FIR Against Anurag Thakur & Parvesh Verma For Alleged Hate Speeches

The Delhi High Court on Monday dismissed the criminal writ petition filed by CPM leader Brinda Karat and politician KM Tiwari against a trial court order rejecting their plea for registration of FIRs against BJP leaders Anurag Thakur and Parvesh Verma for allegedly delivering hate speeches in the year 2020.Justice Chandra Dhari Singh was of the view that although the writ petition...

Prophet Remark Row: Calcutta High Court Asks State To Prevent Untoward Incidents, Seek Help From Central Paramilitary Forces If Required

The Calcutta High Court on Monday sought the State government's response in a batch of Public Interest Litigation (PIL) petitions seeking deployment of central paramilitary forces in West Bengal amid the ongoing protests against offensive remarks made against Prophet Mohammed by now suspended BJP leaders. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi...

Kerala High Court Hears Actor Vijay Babu's Anticipatory Bail Pleas In Rape Case In-Camera

The Kerala High Court on Monday held an in-camera hearing for actor-producer Vijay Babu's pleas for anticipatory bail in the case where an actress accused him of sexually exploiting her and in the case for revealing her identity respectively. Justice Bechu Kurian Thomas ordered for the case to be heard in camera at the request of the State. Last week, the actor had secured interim...

Anil Deshmukh Moves Bombay High Court Seeking One Day Release To Cast Vote In MLC Elections

Former Maharashtra Home Minister Anil Deshmukh has filed an interim application in the Bombay High Court seeking to be released on a bond for a day to cast his vote in the upcoming MLC elections in the State on Monday, June 20, 2022.In the alternative, Deshmukh has sought permission to go to Vidhan Bhavan under escorts anytime between 9am-6pm and cast his vote.The IA filed in his pending...

Non-Examination Of 4-Yr-Old Rape Victim Not Fatal To Prosecution Case: Delhi High Court Upholds Life Sentence Under POCSO Act

The Delhi High Court has upheld life sentence awarded to a man for committing rape on a 4 year old minor girl within his close family. A division bench comprising of Justice Mukta Gupta and Justice Mini Pushkarna was dealing with an appeal filed by one Mukish, challenging the Judgment dated 28th November, 2019 and order on point of sentence dated 29th November, 2019 passed by POCSO Judge....

Swapna Suresh Moves Kerala High Court To Quash FIR Alleging Conspiracy Behind Her Remarks Against Chief Minister

Swapna Suresh, the prime accused in the infamous gold smuggling case, has approached the Kerala High Court seeking to quash the FIR registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government.Swapna Suresh is the prime accused in the gold smuggling case which had snowballed into a political controversy in the...

Formal Documentation Not Mandatory For Adoption Of Privately Owned Elephants, Commercial Transactions Prohibited: Karnataka High Court

The Karnataka High Court has held that Section 40 of the Wild Life (Protection) Act, 1972 permits private ownership of live elephants and there is no bar in giving them up in adoption, so long as the transaction is of non-commercial nature.The observation was made while dismissing a PIL against adoption of four elephants by Gujarat based Radha Krishna Temple Elephant Welfare Trust (Respondent...

AO Failed To Consider Genuine Purchases And Sales Entered In The Books Of Account: Himachal Pradesh High Court Deletes Addition

The Himachal Pradesh High Court bench of Justice Sabina and Justice Satyen Vaidya has deleted the addition on the grounds that the Assessing Officer (AO) has failed to consider genuine purchases and sales entered in the books of account. The respondent/assessee company followed a direct marketing business model and derived income from retail trading of various consumer goods. The...