News Updates
Consent Obtained By Threat Immaterial, Not Valid U/S 90 IPC: Gauhati High Court Upholds Conviction For Rape
The Gauhati High Court recently while dealing with a case of rape of a minor girl observed that if the victim was kept under threat and compulsion to stay with the accused petitioner, such consent cannot be termed as a consent within the purview of Section 90 IPC. The observation came from Justice Rumi Kumar Phukan who said that even if she was a major, in the given circumstances...
Additions Cannot Be Made To Assessee's Income On Basis Of Document Declared By The CESTAT As 'Dumb Document': Ahmedabad ITAT
The Ahmedabad Bench of ITAT has ruled that additions cannot be made to assessee's taxable income under the Income Tax Act, 1961 on the basis of documents that are declared as 'dumb documents' by the CESTAT in the service tax proceedings before it. The Bench, consisting of members Madhumita Roy (Judicial Member) and Waseem Ahmed (Accountant Member), held that though the proceedings...
No GST Leviable In The Hands Of Employer On Amount Representing Employees Portion of canteen charges: Gujarat AAR
The Gujarat Authority of Advance Ruling (AAR) consisting of members Atul Mehta and Arun Richard ruled that no GST is leviable in the hands of the employer on an amount representing the employee portion of canteen charges. The applicant, M/s. Cadila Healthcare Limited, is in the business of manufacturing, supplying, and distributing various pharmaceutical products. M/s. Cadila...
NCLAT Sets Aside The Liquidation Order Of Ballarpur Industries Limited
The National Company Law Appellate Tribunal ("NCLAT") Principal Bench comprising of Justice Ashok Bhushan (Chairperson) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Finquest Financial Solutions Pvt. Ltd. v Anuj Jain (Erstwhile RP of Ballarpur Industries Ltd.) & Ors., has set aside the order dated 25.01.2022 passed by NCLT Mumbai...
Weekly Digest Of IBC Cases: 25th April To 1st May, 2022
Supreme Court1. Insolvency and Bankruptcy Code Is Not For Money Recovery Proceedings: Supreme Court ReiteratesCase Title: Invest Asset Securitisation and Reconstruction Pvt. Ltd. v Girnar Fibres Ltd.Case No.: 2022 LiveLaw (SC) 423 The Supreme Court bench comprising of Justice Dinesh Maheshwari and Justice Aniruddha Bose reiterated that the provisions of Insolvency and...
Telangana High Court Orders Status Quo On Release Of Amitabh Bachchan-Starrer 'Jhund' On OTT Platform
The Telangana High Court on Friday ordered status quo on a plea by Hyderabad-based filmmaker Nandi Chinni Kumar, seeking a stay on the release of Amitabh Bachchan-starrer 'Jhund' on the OTT platform.A single bench of Justice P. Sri Sudha directed,"Let the status quo be maintained by both the parties till the next hearing of the matter i.e. 8th June,2022."The Court has directed the respondents...
'Comprehensive Examination Required': Calcutta HC Appoints Amicus Curiae To Deal With Petitions On Illegal Encroachment Of Water Bodies In State
The Calcutta High Court on Monday appointed an Amicus Curiae to deal with petitions pertaining to illegal encroachment of water bodies in the State. A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj observed that several petitions are being filed before the Court alleging that water bodies in the State are being illegally filed up. Opining that a...
Nawab Malik's Condition Serious, Special Court Seeks Report From JJ Hospital
The Special Court on Monday was informed that State Cabinet Minister and NCP leader Nawab Malik was "seriously" unwell and admitted to JJ Hospital. Special Judge RS Rokade directed the Enforcement Directorate to get a report from JJ Hospital regarding its facilities after Malik's advocate sought for the Minister to be admitted at a private hospital. The Minister was arrested by...
Jignesh Mevani Bail Order | Gauhati High Court Stays Assam Court's Observations Against State Police; Benefit Of Bail To Continue
The Gauhati High Court has put a stay on the observations made by the Assam Court against state police while granting bail to Independent Gujarat MLA Jignesh Mevani in the case of alleged assault on a policewoman. However, the order granting him the benefit of bail has not been interfered with.This order came from the bench of Justice Devashish Baruah on an appeal moved by the State...
S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court
The Jharkhand High Court recently observed that twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 that were declared unconstitutional by the Supreme Court in the case of Nikesh Tarachand Shah v. Union of India, stand revived on account of the defects purportedly being cured by the Parliament by way of 2018 Amendment Act.On the basis of the above,...
'Frivolous': High Court Imposes 25K Cost On PIL Challenging Dr. Anula Morya's Appointment As VC Of Rajasthan Sanskrit University
The Rajasthan High Court has dismissed a public interest litigation challenging the appointment of Dr. Anulya Morya as Vice Chancellor of Jagadguru Ramanandacharya Rajasthan Sanskrit University. The petitioner argued that Dr. Morya does not possess statutorily prescribed experience of teaching the post graduate classes for a period of ten years, and therefore, has illegally usurped...