News Updates
Cogent Cause & Strict Adherence To Constitutional Safeguards Must To Curtail Personal Liberty: J&K High Court Quashes Preventive Detention Order
The Jammu & Kashmir and Ladakh High Court recently quashed a detention order passed by a District Magistrate, Samba while observing that the order was passed without keeping in mind the constitutional safeguards. Justice Sindhu Sharma observed: "The respondents have not adhered to the legal and constitutional safeguard while passing the impugned order of detention. Therefore,...
Patna High Court Seeks Details On Number Of Women & Youth Apprehended Under Liquor Prohibition Law
Patna High Court has sought details from the Principal Secretary, Prohibition and Excise Department, regarding the action taken under the liquor prohibition law in Bihar. Justice Satyavrat Verma ordered, "Details of women who have been jailed so far and youth in the age group of 18-25 years should be furnished in the action taken under the Prohibition Act." The court has passed this order...
TET Not Mandatory For Teachers In Minority Institutions: Madras High Court Reiterates
The Madras High Court has reiterated that TET qualification cannot be made applicable to minority institutions. The bench of Justice V Parthiban further confirmed the legal position that the prescription of TET qualification in terms of the Right of Children to Free and Compulsory Education Act, 2009 was not applicable to minority institutions. In light of the decision of...
'No Legally Enforceable Right Infringed': Bombay High Court Dismisses Plea To Prohibit Newspapers From Publishing Pictures Of Gods & Goddesses
The Bombay High Court on Monday dismissed an Advocate's PIL seeking directions for a policy restricting publication of photographs of gods and goddesses in the newspapers as they ultimately land up in the garbage bin. A division bench led by Chief Justice Dipankar Datta observed that drafting such a policy would directly come within the domain of the executive. "Where is...
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...