News Updates
Plea Of Alibi By Accused Can't Be Taken Into Consideration At Pre-Trial Stage As It Is A Disputed Question Of Fact: Andhra Pradesh High Court
The Andhra Pradesh High Court in a case dismissed the petition for discharge of accused on his plea that he was not present at the scene of offence during the commission of the offence. The court ruled that plea of alibi by accused cannot be taken into consideration at the time of framing of charges, since it is a disputed question of fact."When the accused has taken a plea of...
SC's Verdict On Validity Of Sedition Law Will Have A Bearing: Delhi High Court Adjourns Bail Pleas Of Umar Khalid & Sharjeel Imam To May 6
The Delhi High Court on Friday adjourned to May 6 hearing in the appeals filed by student activists Umar Khalid and Sharjeel Imam challenging the Trial Court's orders refusing them bail in the Delhi riots larger conspiracy case.A division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar was of the view that since the matter pertaining to the challenge to...
Section 34 Proceedings Are Summary In Nature; Does Not Permit Additional Evidence To Be Filed Unless Absolutely Necessary: Madras High Court
The High Court of Madras has held that the challenge proceedings under Section 34 of the A&C Act are summary in nature, therefore, the same shall be decided based on the record that was available with the arbitral tribunal and no additional document shall be permitted to be brought in at that stage unless absolutely warranted. The Single Bench of Justice M. Sundar further held...
Conditional Bail May Be Granted For Non-Bailable Offences U/S 439 CrPC If Considerable Progress In Investigation: Andhra Pradesh High Court
In a recent case, the Andhra Pradesh High Court in exercise of its special power under Section 439 of CrPC granted conditional bail to the petitioner who was accused of a non-bailable offence as there had been considerable progress in the investigation since the time of arrest. The criminal petition was filed under Section 439 of the Code of Criminal Procedure to...
State Govt Bound To Consider Requests For "Bharat Series" Registration Of Vehicles: Kerala High Court
The Kerala High Court has ruled that the State government is bound to consider the application of the petitioner for registration of his vehicle with a 'Bharat series' number since the Centre had already brought it into implementation.Justice Sathish Ninan also clarified that the fact that the State was yet to finalise the tax payable for such registration was immaterial to consider...
Caste-Based Insult Over Telephone Conversation Not An Offence U/S 3 SC/ ST Act If Not In "Public View": Andhra Pradesh High Court
The Andhra Pradesh High Court has reiterated that to constitute an offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act), there has to be averments that the words have been uttered in view of public with an intention to humiliate the complainant that he belonged to a particular community."In the case on hand, it...
Can GST Be Imposed On Royalty Paid To Govt? Kerala High Court To Consider
The Kerala High Court has admitted a plea that has raised significant questions of whether royalty paid to the government qualifies as tax and if GST can be imposed on such royalty. The petitioner is engaged in the business of quarrying granite stones as per the quarrying lease granted to them by the Government under Rule 32 of erstwhile Kerala Minor Mineral Concession Rules 1967. As per...
Engagement Of Child Not Offence U/S 11 Of Child Marriage Act: Rajasthan High Court Quashes Criminal Proceedings Against Father
The Rajasthan High Court observed that Section 11 of the Prohibition of Child Marriage Act, 2006 makes it abundantly clear that organising marriage is a sine qua non to constitute an offence under the Act. However, mere engagement of a child in any case does not amount to an offence under Section 11, added the court. Section 11 of the Act provides punishment for promoting or...
Resolution Professional Can Submit An Additional Report Under Section 99 Of Insolvency And Bankruptcy Code, 2016: NCLAT
NCLAT principal bench comprising of Justice Ashok Bhushan, Dr. Alok Srivastava & Ms. Shreesha Merla in the case of Ramesh Chander Agarwala versus State Bank of India held that the Resolution Professional can submit an additional report under Section 99 of the Insolvency & Bankruptcy Code, 2016. Personal Guarantors of a corporate debtor filed an appeal under Section 61 of the...
Even If Credit Facility Agreement Is Unstamped, Section 7 Petition Is Maintainable, On Proving Financial Debt : NCLAT Principal Bench
The National Company Law Appellate Tribunal ("NCLAT") Principal Bench comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Aashish Kadam & Anr. v Nagpur Nagarik Sahakari Bank Ltd. & Anr., has held that if a credit facility agreement is unstamped, then petition...