Gazetted Officer Who Is Part Of Raid Is Not 'Independent', Personal Search Conducted By Him Does Not Constitute Compliance Of S.50 NDPS Act: Calcutta HC

The Calcutta High Court has recently observed that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person and thus a desire expressed by accused persons to be searched by such an officer does not constitute a voluntary relinquishment of the right enshrined under Section 50 of the Narcotic Drugs and Psychotropic Substance Act. A Bench comprising...

Aakar Patel Case: Delhi High Court Issues Notice On CBI's Plea Against Trial Court's Observations Regarding Circumstances When LOC May Be Issued

The Delhi High Court on Friday issued notice on the plea filed by Central Bureau of Investigation (CBI) challenging the Trial Court order in connection with Aakar Patel case to the limited extent of legal observations made regarding issuance of Look out Circular (LOC).Justice Yogesh Khanna sought response of former Amnesty International India Board Chair Aakar Patel while posting the matter...

Birbhum Massacre| Avail Remedy Under S.102 Of Juvenile Justice Act: Calcutta HC Dismisses CBI's Plea Seeking Cancellation Of Bail Of Two Juvenile Accused

The Calcutta High Court on Friday dismissed a prayer seeking cancellation of bail granted to two minor accused persons by the Principal Magistrate, Juvenile Justice Board, Birbhum at Suri in the case pertaining to the violence in Birbhum district of West Bengal, in which ten persons were killed allegedly in retaliation to the murder of local All India Trinamool Congress (TMC) leader Bhadu...

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court

The Allahabad High Court today observed that a Muslim woman is entitled to claim maintenance from her husband under Section 125 Cr.P.C. to succor her needs.Observing thus, the Bench of Justice Brij Raj Singh further noted that where the wife states that she has great hardships in maintaining herself and her daughters, while her husband's economic condition is quite good, the wife would...

Liquidated Damages Can't Be Imposed When The Engineer-In-Charge Holds That The Cause Of Delay Is Explained: Delhi High Court

The High Court of Delhi has held that liquidated damages can't be imposed when the Engineer-in-Charge holds that the cause of delay is explained. The Single Bench of Justice Vibhu Bakhru held that when the Engineer-in-Charge was entrusted with the task of examining the causes of delay, and it had analysed and accepted the justification provided by the contractor and...

NCLT-Kochi allows First Motion application in MIDAS Group merger

The National Company Law Tribunal ("NCLT"), Kochi Bench, comprising of Shri Ashok Kumar Borah (Judicial Member) and Shri Anil Kumar (Technical Member), while adjudicating a joint application filed under Sections 230 to 232 of the Companies Act, 2013 by thirteen Midas Group companies seeking sanction of Scheme of Amalgamation between them, has allowed the transferor companies...

Consideration Paid For Purchase Of Advertisement Space Does Not Amount To 'Royalty' Under Income Tax Act: ITAT Chennai

The Chennai Bench of ITAT has ruled that consideration paid for purchase of advertisement space does not amount to 'royalty' under the Income Tax Act, 1961. The Bench, consisting of members Mahavir Singh (Vice President) and Dr. M. L. Meena (Accountant Member), held that the Finance Act, 2016 recognizes providing advertising space as a 'specified service', which is subject...

"Subrata Roy Has No Respect For Court Orders": Patna High Court Orders Bihar DGP To Produce Him In Court On May 16

Coming down heavily on Sahara India Group Head Subrato Roy as he failed to remain present before it, pursuant to its direction in that regard, the Patna High Court today directed Bihar DGP to produce him in the Court on May 16, 2022 (Monday). The Bench of Justice Sandeep Kumar has further directed the Commissioner of Police, Delhi, and the Director-General of Police, Uttar Pradesh to...

Credit Worthiness Of The Creditor And Genuineness Of Transaction Explained By The Assessee: Bombay High Court Quashes Re-assessment Notice

The Bombay High Court has quashed the reassessment notice. The assessee explained the credit worthiness of the creditor and the genuineness of the transaction.The division bench of Justice K.R. Shriram and Justice N.R. Borkar observed that the re-opening proposed was purely based on a change of opinion. The assessing officer was also satisfied with the credit worthiness and...

Revenue Did Not Probe Further, Clandestine Removal Of Goods Not Established: CESTAT Drops The Demand Of Excise Duty

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) consisting of Anil Choudhary (Judicial Member) and P. Anjani Kumar (Technical Member) has held that clandestine removal is a serious charge and needs to be established with cogent evidence.The department has challenged the dropping of a demand of Rs. 9,94,65,997 by the Commissioner out of the total...

Law Universities Should Set Exemplary Principles, Not Indulge In Diluting Tactics: Orissa HC Raps NLUO For Not Adhering To Uniform Service Conditions For Employees

The Orissa High Court on Tuesday came down heavily on National Law University of Odisha (NLUO) for applying different principles in case of different employees without having a codified service condition. Justice Biswanath Rath was adjudicating upon a plea moved by one Sabyasachi Mohanty who was appointed as an assistant finance officer on contractual basis in October 2016. He had challenged...

SDPI & PFI Extremist Organisations Indulging In Serious Violent Acts; All The Same They Are Not Banned : Kerala High Court

The Kerala High Court while dismissing a plea filed by the wife of deceased Rashtriya Swayamsevak Sangh (RSS) worker Sanjith seeking the investigation to be transferred to the CBI, observed that the accused belonged to extremist outfits.Justice K. Haripal had pronounced the judgment earlier this month after weeks of elaborate hearing, permitting the State Police to continue with their probe....