News Updates
Can't Compel Party To File Documents On Which It Did Not Rely Except For Certain Specific Eventualities Mentioned In CPC: Delhi High Court
The Delhi High Court has observed that no Court can compel a party to file documents on which the party did not choose to rely, save and except in respect of certain specific eventualities for which provisions are contained in the Code of Civil Procedure. Justice C Hari Shankar added that in any litigation, the choice of the documents which are to be brought on record is the sole prerogative...
Delay In Deciding Custody Cases May Prolong Harassment Of Minor Children: Madras High Court
The Madras High Court has observed that while dealing with matters relating to custody of minor children under the Guardians and Wards Act, the Courts have a duty to ensure that minor children are protected and their interests, vision and wishes are preserved to the maximum possible extent, giving them a better life. A Bench of Justices SM Subramaniam and Sathya Narayana Prasad...
Income Tax Penalty Can't Be Imposed For Committing Unintentional Error In Form-16: ITAT
The Pune bench of the Income Tax Appellate Tribunal (ITAT) consisting of S.S. Viswanethra Ravi (Judicial Member) and Inturi Rama Rao (Accountant Member) has ruled that the income tax penalty cannot be imposed for committing an unintentional error on Form-16. The appellant/assessee is an individual who filed a return declaring a total income of Rs. 5,39,360. A notice under section 143(2)...
Employees Should Not Be Permitted To Change Date Of Birth At The Fag End Of Their Service Career: Orissa High Court
The Orissa High Court has held that applications of employees to change their date of birth should not be entertained when they apply for the same at the fag end of their service career. A Single Judge Bench of Justice Sanjeeb Kumar Panigrahi observed, "Apart from the notification and the said guidelines, the Hon'ble Supreme Court in a series of cases have categorically laid down...
Prosecution For Customs Duty Evasion Can't Be Initiated As The Valuation Of The Goods Is Less Than Rs.1 Crore: Delhi High Court
The Delhi High Court has ruled that the prosecution of the petitioner cannot be initiated under Section 135(1)(a) of the Customs Act as valuation of the goods is less than Rs.1 Crore.The single judge bench of Justice Chandra Dhari Singh has observed that the department has not examined any witness to prove its case against the petitioner. The Court below while passing the summoning...
The Objection Regarding The Non-Applicability Of The MSMED Act To 'Works Contract' Is To Be Decided In Arbitration By The MSME Council: Calcutta High Court
The Calcutta High Court held that objections regarding the non-applicability of the MSMED Act to works contract can be decided in arbitration by MSME Council. The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj upheld the order of the Single Bench whereby the petitioner was referred to arbitration before the MSME Council with a direction...
No Stamp Duty Leviable On Award Of Compensation Passed By An Arbitrator Under Section 3G(5) Of The National Highways Act: Karnataka High Court
The Karnataka High Court has ruled that an award of compensation passed by an Arbitrator under Section 3G(5) of the National Highways Act, 1956 does not attract stamp duty. The Single Bench of Justice Suraj Govindaraj held that an award of compensation passed by the Land Acquisition Officer under the Land Acquisition Act or under any other similarly situated enactment, including...
Rape Case Against Actor Vijay Babu: Kerala High Court To Continue Hearing On Bail Application On Monday
The Kerala High Court on Friday observed that there was no bar to entertaining the application filed by Malayalam actor-producer Vijay Babu's plea for anticipatory bail merely on the ground that the applicant was not in India presently and was abroad.Justice Gopinath P was satisfied that since there was a reasonable apprehension of arrest, the applicant could file for anticipatory bail...
Jahangirpuri Violence: High Court Seeks Delhi Police's Response On Bail Plea Of Accused
The Delhi High Court on Friday sought response of the city police in a bail plea filed by one Babuddin, an accused in relation to the clashes that broke out last month in city's Jahangirpuri area during a Hanuman Jayanti procession.A single judge bench comprising of Justice Yogesh Khanna issued notice on the bail plea challenging the Trial Court order denying the accused bail in...
On Centre's Plea, Rajasthan High Court Stays CAT's Order Granting Notional Annual Grade Increment To Central Govt Employees
The Rajasthan High Court, Jaipur has stayed Central Administrative Tribunal (CAT), Jaipur's order which disposed of the Original Application of the Central government employees-respondents/ applicants and directed the petitioners-Union of India to grant one annual grade increment payable on 1st July to all applicantsNotably, the Union stated that the respondents/ applicants completing 6...
Object Of Rent Control Act Is Not To Deprive Landlords Of Their Bona Fide Properties: Rajasthan High Court
The Rajasthan High Court has observed that the basic object of the Rajasthan Rent Control Act, 1950 is to save the harassment of tenants from unscrupulous landlords. The court added that the said object may not be misconstrued to deprive the landlords of their bona fide properties for all times to come.Justice Sudesh Bansal observed,"It may be noticed that the rent control legislation...
Intends To Encash Goodwill Of HT Media In Trademark 'Hindustan Times': Delhi High Court Grants Ex-Parte Ad Interim Injunction Against Rouge Website
The Delhi High Court has granted ex-parte ad interim injunction in favour of HT Media Limited which runs news publications in various languages under the registered trademark Hindustan Times, against a rogue website using a deceptively similar domain name.Passing an ex parte ad interim injunction in favour of HT Media, Justice Pratibha M Singh restrained the use of...