News Updates
Husband A "Desperado", Wife Travelling 55 Kms To Pursue Divorce Proceedings Under Grave Threat: P&H High Court Allows Transfer Plea
Punjab and Haryana High Court on April 28, 2022, while dealing with a transfer plea by the wife in a divorce case has allowed the transfer on the ground that it is difficult for the wife who has a minor child to travel a distance of 55 km. The bench comprising Justice Fateh Deep Singh held that it is certainly a case of undue hardship of exceptional nature, necessitating intervention...
Improper Investigations Rampant, Culprits Going Unpunished: Jharkhand High Court Orders Training Of Police Officers
The Jharkhand High Court recently expressed its displeasure at the "appalling state of affairs" in the State due to improper investigations being carried out by Police officers in crimes, leading to several culprits going scot free.Justice Subhash Chand thus ordered the Director, Judicial Academy (Jharkhand) to prepare a scheme to impart training to the Police Investigating Officers and...
Transfer Of Business Unit Shall Be Treated As A Supply Of Services: West Bengal AAR
The West Bengal Authority of Advance Ruling (AAR), consisting of members Brajesh Kumar Singh and Joyjit Banik, has ruled that the transfer of business units shall be treated as a supply of services. The applicant, Cosmic Ferro Alloys Limited, is in the business of manufacturing ferro alloys and cold rolled formed sections with its factories at Barjora (FERRO Unit) and...
Copyright Infringement: Delhi High Court Orders Blocking Of 12 Websites Illegally Streaming Content Of Universal City Studios
In a matter relating to copyright infringement, the Delhi High Court has ordered for blocking of 12 websites which were illegally streaming, hosting and making available to public the original content of Universal City Studios LLC, without its authorization. Observing that Universal City Studios LLC had made out a prima facie case for grant of ex-parte ad-interim injunction, Justice Jyoti...
Capital Gain Exemption Can't Be Denied To Wife For Mere Presence of Husband's Name In Purchase Document: ITAT
The Banglore Bench of the Income Tax Appellate Tribunal (ITAT) headed by N.V. Vasudevan (Vice-President) and B.R. Baskaran (Accountant Member) has ruled that the capital gain exemption cannot be denied to the wife for the mere presence of the husband's name in the purchase document.The appellant/assessee is an individual, and she filed her return of income for the year...
Second Application For Appointment Of Arbitrator Is Maintainable, Even Though No Liberty Has Been Granted By Court While Setting Aside The Award: Jharkhand High Court
The Jharkhand High Court has ruled that after an arbitral award has been set aside and quashed by the Court under Section 37 of the Arbitration and Conciliation Act, 1996 (A&C Act), an application under Section 11(6)(c) of the A&C Act for appointment of an arbitrator afresh is maintainable, even though no liberty has been granted by the Court while passing the order...
Section 47 Of CPC Is Not Attracted In Proceedings For Execution Of An Arbitral Award: Telangana High Court
The Telangana High Court has ruled that in proceedings for execution of an arbitral award the whole gamut of CPC is not attracted, and a Court while dealing with an application under Section 36 of the Arbitration and Conciliation Act, 1996 (A&C Act) for enforcement of an award is not bound by the provisions of Section 47 of the Code of Civil Procedure, 1908 (CPC) and is not required...
'Speeches Within The Ambit Of The Constitution, Cannot Be Called Anti-National: Sharad Pawar To Bhima Koregaon Commission
MP Sharad Pawar, supremo of the ruling coalition, the Nationalist Congress Party in Maharashtra told an inquiry commission on Thursday that the speeches at the Elgar Parishad event, must have been an outcry against oppression and atrocities which wouldn't be an offence in law. Pawar said that a person giving speech within the ambit of the Constitution of India and Parliamentary...
No Conflict Between The Prohibition Of Benami Property Transaction Act, 1998 and IBC, 2016 Concerning Attachment Of Property: NCLT, Chennai Bench
The NCLT, Chennai Bench comprising of Justice (Retd.) S. Ramathilangam, Judicial Member and B. Anil Kumar, Technical Member in Shri. Mudapallur Varieth Gangadharan v. The Deputy Commissioner of Income Tax has held that there is no conflict between the Prohibition of Benami Property Transaction Act, 1988 and the Insolvency and Bankruptcy Code, 2016 concerning the attachment of property,...
Application Under Section 11(6) Not Maintainable For Appointment Of Arbitrator In Absence Of A Written Agreement Between Parties: Supreme Court
The Supreme Court has ruled that there is a difference between the arbitrator appointed under Section 11(5) and under Section 11(6) of the Arbitration and Conciliation Act, 1996 (A&C Act) and failing any written agreement between the parties on the procedure for appointing an arbitrator (s) under Section 11(2), application for appointment of arbitrator (s) shall be maintainable...
"Using Loudspeakers In Mosque Not A Fundamental Right": Allahabad HC Dismisses Plea Seeking Nod To Play Azan On Loudspeakers
The Allahabad High Court has observed that the law has now been settled that the use of loudspeakers from mosques is not a fundamental right. The Bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar said this while dealing with a writ plea filed by one Irfan.Essentially, Irfan had moved to the High Court feeling aggrieved by an order passed by SDM Tehsil Bisauli, District Budaun...
Sharing Or Use Of Biometric Information For Any Purpose Other Than Authentication Under Aadhar Act Is Impermissible: UIDAI Tells Delhi High Court
The Unique Identification Authority of India (UIDAI) has informed the Delhi High Court that sharing or use of biometric information for any purpose other than the generation of the Aadhaar number and authentication under the Aadhaar Act, 2016 is impermissible. The Authority has also informed the Court that biometric information is unique to an individual and therefore is sensitive...