In Case Depending Largely Upon Circumstantial Evidence, There Is Always Danger That Conjecture May Take Place Of Legal Proof: Uttarakhand High Court

The Uttarakhand High Court has recently held that in a case depending largely upon circumstantial evidence, there is always a danger that conjecture or suspicion may take the place of legal proof. A Division Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice Ramesh Chandra Khulbe noted that,"The law is well settled that each and every incriminating circumstance must be...

CNN News: Delhi High Court Awards ₹3 Lacs Compensation In Trademark Infringement Suit, Grants Permanent Injunction Against Use Of Identical Marks

While dealing with a trademark infringement suit filed by Cable News Network (CNN) news channel, the Delhi High Court has granted permanent injunction against various entities over use of identical mark 'CNN' while providing similar news services. Justice Pratibha M Singh also awarded Rs. 3 lakhs cost in favour of CNN news channel, observing that its rights in the mark 'CNN' were undisputed...

Manufacturer Entitled To Receive One Sample Of Seized Goods U/S 23(4) Of Drugs & Cosmetics Act: Rajasthan High Court

The Rajasthan High Court has observed that Section 18A of Drugs and Cosmetics Act, 1940 requires disclosure of name of manufacturer also and not only of the stockists and thus, he is entitled to receive one portion sample of seized drugs in terms of Section 23(4) of the Act.Section 18A of the Act deals with the disclosure of the name of the manufacturer, etc. It states, "Every person, not...

S.389 CrPC | Application For Suspension Of Sentence Should Be Considered Liberally If Punishment Is Less Than 10 Yrs: J&K&L High Court Reiterates

The Jammu and Kashmir and Ladakh High Court has recently reiterated that as per the provision under Section 389 CrPC, if the convict is punished with imprisonment for a term less than ten years, no notice is required to the Public Prosecutor/State regarding the application filed by the accused for suspension of his sentence and his release on bail.Justice Mohan Lal referred to the case of...

Delhi Riots: Taking Humanitarian Approach, Court Grants Four Hours Custody Parole To Shahrukh Pathan For Meeting Ailing Parents

Taking humanitarian approach, a Delhi Court has granted four hours custody parole to Shahrukh Pathan, the man who pointed a gun at a policeman during North East Delhi riots, in a case related to rioting, causing injuries to police personnel and gunshot injury sustained by one Rohit Shukla by an armed mob. (FIR 49/2020 registered at Jafrabad Police Station)Additional Sessions Judge Amitabh...

No Service Tax Payable On Service Charges Collected By Rajasthan Cooperative Dairy Federation From Milk Unions: CESTAT Delhi

The Delhi Bench of Custom, Excise & Service Tax Appellate Tribunal (CESTAT) has ruled that no service tax is payable on the service charges collected by the Rajasthan Cooperative Dairy Federation from the milk unions or district cooperative societies for the services rendered to them. The Bench, consisting of Justice Dilip Gupta (President) and technical member P.V. Subba Rao,...

CIT(A) Is A Quasi Judicial Authority, Not Bound By Administrative Circulars Issued By CBDT: Telangana High Court

The Telangana High Court held that the CIT (A) is a quasi judicial authority and is not bound by the administrative circulars issued by the Central Board of Direct Taxes (CBDT). The division bench of Justice Ujjal Bhuyan and Justice Surepalli Nanda has remanded the matter back to the CIT (A) for a fresh decision on the prayer for stay of the petitioner in accordance with...

Tweet Of Alt News Co-Founder Mohammed Zubair Does Not Constitute Any Cognizable Offence: Delhi Police Informs High Court

The Delhi Police has informed the Delhi High Court that the tweet made by Co-Founder of Alt News, Mohammed Zubair in response to a twitter user in August 2020 for which an FIR was registered against him, does not constitute any cognizable offence.Stating so, the police filed ae status report in a plea moved by Zubair seeking the quashing of the FIR lodged against him on a complaint by a...

Forced Religious Conversion In Bengal's Malda District: Calcutta High Court Orders CBI-NIA Probe

The Calcutta High Court on Thursday ordered the Central Bureau of Investigation (CBI) and the National Investigation Authority (NIA) to probe an alleged case of forced conversion in West Bengal's Malda district.Justice Rajasekhar Mantha was adjudicating upon a plea moved by two women who had claimed that their husbands, brothers by relation and residents of Kaliachak area of the district,...

[Section 125 CrPC] Father Not Absolved From Taking Responsibility Of Child Even If Mother Is Earning: Allahabad High Court

The Allahabad High Court has observed that the father is legally bound to maintain his child according to the status and lifestyle and it doesn't matter if the mother of the child is also working and earning.The Bench of Justice Brij Raj Singh further observed that a father can't be absolved of his responsibility to maintain a child on the ground that the child does not show compassion...

The Finding Of The MSME Council On Its Jurisdiction Is Not An Interim Award: Calcutta High Court

The High Court of Calcutta has held that the decision of the MSME Council on its jurisdiction is an order under Section 16 of the A&C Act and it cannot be termed as an interim award that can be directly challenged under Section 34 of the Act pending adjudication on the other issues. The Single Bench of Justice Ravi Krishan Kapur has held that the order of the MSME Council...

IBC AND RBI Guidelines Are 'Disjoint Sets', "There Is No Question Of One Prevailing Over The Other": NCLT Kolkata Dismisses Application Filed By SREI Ex Promoter Hemant Kanoria

The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rajasekhar V.K. (Judicial Member) and Shri Balraj Joshi (Technical Member), while adjudicating an application filed in Reserve Bank of India v SREI Infrastructure Finance Ltd., has held that the Insolvency and Bankruptcy Code, 2016 ("IBC") and the RBI Guidelines do not prevail over each other as they...