Procedure For Search Under Immoral Traffic (Prevention) Act Is Directory & Not Mandatory: Madras High Court

The Madras High Court recently dismissed a criminal petition filed challenging the action taken by Police Authorities against the owners and manager of Willow & Spa and charging them under Sections 3(2)(a), 4(1), and 5(1)(a) of Immoral Traffic (Prevention) Act, 1956. The bench of Justice AD Jagadish Chandira observed that the petition did not have any merits as the petitioners...

Court Can't Decide On Need For Constructing New Highways, Purely Policy Decision: J&K&L High Court

The Jammu and Kashmir High Court has dismissed a petition which challenged government land acquisition on ground that there is no need for constructing a new national highway as there already exists a highway which can be repaired and widened. The petition was dismissed by a division bench of Justice Moksha Khajuria Kazmi and Justice Pankaj Mithal observing: "The submission that...

Orissa High Court Monthly Digest: April 2022 [Citations 38-55]

Nominal Index: 1. Indrajit Sengupta & Anr. v. State of Odisha & Ors., 2022 LiveLaw (Ori) 38 2. Sri Gadadhar Barik v. Sri Pradeep Kumar Jena & Anr., 2022 LiveLaw (Ori) 39 3. Asha Hans v. State of Odisha & Ors., 2022 LiveLaw (Ori) 40 4. Krushna Prasad Sahoo v. State of Orissa & Ors., 2022 LiveLaw (Ori) 41 5. Rohita...

Weekly Round-Up of Arbitration Cases : April 24 to April 30, 2022

Supreme Court Group Of Companies Doctrine Can Be Applied To Bind Non Signatory To An Arbitration Agreement: Supreme Court Case Title: Oil and Natural Gas Corporation Ltd. versus Discovery Enterprises Pvt. Ltd Citation: 2022 LiveLaw (SC) 416 The Supreme Court, in a judgment delivered on 27th April 2022, explained the 'Group of companies' doctrine which postulates...

Arbitral Award Not Providing Statutory Compensation On Land Acquired Under NHA Is Perverse: Madras High Court

The Madras High Court has held that an arbitral award that does not provide for payment of mandatory statutory compensation with respect to the land acquired under the National Highways Act, 1956 is perverse. The Single Bench of Justice P.T. Asha held that an Arbitrator exercising jurisdiction under the National Highways Act has to be more vigilant in ensuring that the arbitral award...

Asking Husband To Produce Salary Slip In Maintenance Proceedings Can't Be Termed As Violation Of Privacy: Madhya Pradesh High Court

The Madhya Pradesh High Court (Gwalior Bench) has observed that giving an opportunity to the husband to file his salary slip for effective adjudication of the maintenance proceedings cannot be said to be depriving him of his life and personal liberty.The Bench of Justice G. S. Ahluwalia further held that asking the husband to produce his salary slip in such a proceeding cannot be termed as...

Void Ab Initio Appointment Of Arbitrator, The Court Has Jurisdiction Under Section 11 Of A&C Act To Appoint A New Arbitrator: Madhya Pradesh High Court

The High Court of Madhya Pradesh has ruled that once the appointment of arbitrator is void ab initio and the arbitrator is ineligible by virtue of Section 12 (5) of the Arbitration and Conciliation Act, 1996 (A&C Act), then the procedure prescribed under Sections 12, 13 and 14 of the A&C Act for challenging the appointment of an arbitrator are not applicable. The Single Bench...

GSTN Enables Functionality Of AATO For The FY 2021-22 On Taxpayers' Dashboards

The Goods and Service Tax Network (GSTN) has enabled the functionality of Annual Aggregate Turnover (AATO) for the FY 2021-22 on taxpayers' dashboards.Taxpayers may now check the precise Annual Aggregate Turnover (AATO) for the previous fiscal year (FY). The taxpayers can also view the Aggregate Turnover of the current FY based on the returns filed till date. The taxpayers have...

Assessing Officer Cannot Apply Wrong Method In Absence Of Audited Financials Of AE: Delhi ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) consisting of Yogesh Kumar (Judicial Member) and Dr. B.R.R. Kumar (Accountant Member) has held that the AO cannot give benefit to the assessee for non-cooperation in providing audited financials of associated enterprises (AE). The appellant/assessee company, Olympus India, incorporated on October 20, 2009, is a wholly...

Non Filing Of Response Due To Technical Glitch In E-Filing Portal: Delhi High Court Quashes The Order And Directs Fresh Hearing

The Delhi High Court bench of Justice Manmohan and Justice Subramonium Prasad has held that the taxpayer could not file a response under the Faceless Scheme due to a technical glitch in the e-filing portal. The petitioner/assessee has challenged the ex-parte order passed under Section 147 read with Section 144 of the Income Tax Act, 1961. The department passed the order under Section...

Merely Obtaining 'Occupancy Certificate' Before S.3 RERA Came Into Force Would Not Oust Jurisdiction Of Regulatory Authority: Punjab & Haryana HC

The Punjab and Haryana High Court recently observed that obtaining of an occupancy certificate will not render anyone to be outside the purview of the jurisdiction of the State Real Estate Regulatory Authority. Justice Amol Rattan Singh observed: "There being a difference carved out in the Act itself as to what is a completion certificate and an occupancy certificate, unless...

Woman's Character Can't Be Decided By Certificate Given By People Having An Ostrich Mindset: Chhattisgarh High Court

Wife Not Molding Herself As Per Husband's Desire Not A Decisive Factor To Deprive Mother Of Child's Custody: Chhattisgarh High Court