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...

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...