News Updates
Right To Get Cremated As Per Religious Obligations Guaranteed Under Article 21: J&K&L High Court
The Jammu and Kashmir High Court recently directed the Central government authorities to exhume the body of Amir Magrey, a person killed in the Hyderpora encounter last year. While passing the aforesaid direction, Justice Sanjeev Kumar observed that the right to life as guaranteed by Article 21 extends to treat the dead body of a deceased person with respect. "Without dilating...
Insolvency Law in Review – February & March 2022
The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this...
A Party Cannot Dispute The Jurisdiction On Account Of Non-Existence Of The Arbitration Agreement After Submitting Of The Jurisdiction Of The Arbitrator: Delhi High Court
The High Court of Delhi held that a party cannot dispute the jurisdiction on account of non-existence of the arbitration agreement after submitting to the jurisdiction of the arbitrator. The Single Bench of Justice Vibhu Bakhru held that generally, the arbitration clause contained in the main agreement would also fall when the validity of the main agreement is challenged and the...
Uttarakhand Government Forms Expert Committee To Examine & Implement Uniform Civil Code In State
On May 27, the Uttarakhand government formed an expert committee for examining and implementing the Uniform Civil Code (UCC) in the state. The panel shall be headed by retired Supreme Court judge Ranjana Desai, who currently heads the Delimitation Commission of India.The other members of the committee include former Chief Justice of Sikkim High Court Permod Kohli, social activist Manu...
Loss Arising Out Of Sale Of Government Securities Is A Trading Loss: ITAT
The Visakhapatnam Bench of the Income Tax Appellate Tribunal (ITAT) held that the loss arising out of the sale of government securities is a trading loss. The two-member bench of Duvvuru Rl Reddy (Judicial Member) and S. Balakrishnan (Accountant Member) observed that the treatment of securities of the AFS (available for sale) categories has to be seen in contradiction and contrast...
CBIC Issues SOP for NCLT Cases In Respect Of The IBC
The Central Board of Indirect Taxes and Customs (CBIC) has issued the Standard Operating Procedure (SOP) for National Company Law Tribunal (NCLT) cases in respect of the Insolvency and Bankruptcy Code (IBC).The Board has instructed that the Insolvency and Bankruptcy Board of India establish the role of the GST and Customs authorities in certain crucial matters under the Insolvency...
Plaint Seeking Excavation Of Idols Allegedly Buried In Agra Mosque: Mathura Court Returns It For Want Of Notice To UOI
A fresh plaint claiming that jewel-studded idols from Mathura's Keshav Dev temple were buried under the stairs of the Begum Sahiba Mosque near Deewan-e-Khas in the Agra Fort, was returned by the Mathura Court yesterday for want of notice to UOI under Section 80 of the CPC.Although the plaint was filed under Section 80(2) of the Code of Civil Procedure for dispensing with the notice (of 60...
Madras High Court Upholds Validity Of Section 6 Of The Tamil Nadu Value Added Tax Act 2006
The Madras High Court recently upheld the validity of amendments made to Section 6 of The Tamil Nadu Value Added Tax Act, 2006. The court observed that in matters relating to tax, the interest of the State must be considered as against the interest of certain individuals. The court also discussed the power of the legislature in taking decisions with respect to tax "The hardship that...
Gyanvapi Dispute: Masjid Committee Urges Varanasi Court To Not Allow Survey Videos, Snaps Come Out In Public Domain
In the ongoing Kashi-Vishwanath-Gyanvapi Mosque dispute, the masjid committee has urged the Varanasi Court to not allow survey videos and snaps to come out in the public domain. The masjid committee has requested the Court to not allow non-parties to obtain videos and snaps of the survey.It may be noted that the Gyanvapi Mosque Survey report was submitted to Varanasi civil judge (senior...
Matters Regarding Personal Liberty To Be Dealt Cautiously, Balance To Be Struck Between Respect For Fundamental Rights & Fair Investigation: Delhi HC
The Delhi High Court has observed that matters regarding liberty of a person have to be dealt with cautiously and that a balance has to be struck between respect for his fundamental rights and free and fair investigation as well.Justice Swarna Kanta Sharma made the observation while granting bail to a man in an FIR registered under sec. 376D, 506 and 34 of Indian Penal Code. It was the case...
Breaking: "Transgender Has Every Right To Choose Gender": Orissa High Court Orders Family Pension To Transwoman
The Orissa High Court has recently ordered grant of family pension to a transwoman, who was allegedly discriminated on the basis of her gender while allowing pensionary benefits after the death of her parents. A Single Bench of Justice Aditya Kumar Mohapatra held, "…this Court is of the considered view that the petitioner as a transgender has every right to choose her gender...
SC/ST Act Offences: Plea U/S 482 CrPC Not Maintainable Against Summoning Order; Only Appeal U/S 14A(1) Maintainable: Allahabad HC
The Allahabad High Court has observed that an Application U/s 482 Cr.P.C. can't be filed against a summoning order passed by a Special Judge in an SC/ST Act Offence. The Court observed thus while taking into account Section 14A(1) of the S.C./S.T. Act.In the instant matter before the Court, an application under 482 CrPC was moved praying to quash the summoning order passed by II...