News Updates
Partial Quashing Of FIR Only Qua Accused With Whom Complainant Has Settled Matter Permissible: Delhi High Court
The Delhi High Court has observed that partial quashing or part quashing of FIR only qua the accused with whom the complainant has compromised or settled the matter can be allowed. Justice Rajnish Bhatnagar quashed an FIR registered under sec. 406, 420 and 34 of Indian Penal Code and the proceedings emanating therefrom qua a man who had approached the Court seeking quashing of the same.The...
Kashi-Gyanvapi Dispute Case |"Lord Visheshwar's Temple Was Destroyed But Its Religious Character Didn't Change": Lord's Next Friend Argue In Allahabad HC
In the ongoing hearing before the Allahabad High Court in connection with the Kashi Vishwanath temple-Gyanvapi mosque dispute, the next friend of Lord Vishweshwar, one of the contesting respondents in the case, today argued Lord Visheshwar has been in existence from ancient time, i.e., Satyug up till now.Before the bench of Justice Prakash Padia, the next friend of Lord Vishweshwar further...
Why Officer Delaying Income Tax Refund Should Not Be Directed To Pay Interest From His Pocket: Bombay High Court Asks Income Tax Dept. To Explain
The Bombay High Court bench of Justice N.R. Borkar and Justice K.R. Shriram has asked the department to explain why an officer delaying an income tax refund should not be directed to pay interest from his pocket. The petitioner/assessee submitted that though there had been an intimation on November 23, 2021, under Section 143(1) of the Income Tax Act, 1961, that the petitioner was...
INS Vikrant Cheating Case: Former BJP MP Kirit Somaiya Approaches Bombay High Court Seeking Anticipatory Bail
A day after sessions court refused anticipatory bail Kirit Somaiya, the BJP leader and former MP has approached the Bombay High Court seeking relief in a cheating case regarding by Mumbai Police alleging misappropriation of funds collected for restoration of warship INS Vikrant.The petition has been filed through Advocate Hrishikesh Mundargi. The matter will be listed before a Single Bench...
Time Spent In Mediation Would Be Excluded For The Purpose Of Calculating The Period Of Limitation For Invoking Arbitration: Delhi HC
The High Court of Delhi has observed that when the agreement between the parties provides for mandatory mediation, the time spent in the mediation process shall be excluded from the period of limitation. The Single Bench of Justice C. Hari Shankar held that the notice invoking arbitration as well as the substantive claims of a party would not become time-barred if the parties...
Mere Apprehension That Accused May Flee Can't Be Sole Factor For Denying Benefit Of S.445 CrPC: Delhi High Court
The Delhi High Court has held that a mere apprehension expressed by the prosecution that the accused may flee the course of justice, cannot be the sole determinative factor for denying benefit of Section 445 Code of Criminal Procedure. Sec. 445 of CrPC states that "where any person is required by any Court or officer to execute a bond with or without sureties, the Court or officer may, except...
Can't Presume That 8 Yr Old Victim Made Allegations Of Oral Sex Under Parents' Influence: Allahabad HC Denies Bail To POCSO Accused
The Allahabad High Court today denied bail to a man who has been accused of committing oral sex with a 8 year old girl as it noted that mere long detention in jail does not entitle an accused for bail.The Bench of Justice Rajesh Singh Chauhan further noted that the victim/prosecutrix was about 8 years at the time of incident, and therefore, the Court said, at the stage of bail, it cannot...
Claims Raised Before The Arbitral Tribunal Cannot Be Rejected Even If Not Mentioned In The Notice Issued Under Section 21 Of The A&C Act: Delhi High Court
The Delhi High Court has ruled that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 (A&C Act) should quantify the amounts that are claimed by the claimant before the Arbitral Tribunal. The Single Bench of Justice Vibhu Bakhru held that a notice under Section 21 is required to set out the disputes between the parties,...
No GST & TDS Applicable On Renting Of Immovable Property To Social Justice Department: AAAR
The Maharashtra Appellate Authority of Advance Ruling, consisting of members Asok Kumar Mehta and Rajiv Kumar Mital, has ruled that the renting of immovable property to the social justice department is exempt from GST and TDS.The appellant, Shital Tukaram Borade, is unregistered and is in the business of providing the services of renting out immovable property situated in Nashik, and is...
Promise To Marry Made To Married Woman Not Legally Enforceable, Offence Of Rape Not Attracted: Kerala High Court
The Kerala High Court has established that the promise alleged to have been made by the accused to a married woman that he would marry her before engaging in sexual relations with her is not enforceable in law and thus it cannot be a ground for the prosecution to argue that the woman had consented due to a misconception of fact. Holding so, Justice Kauser Edappagath quashed all...
Medical Assessment & Rating Board Entrusted To Regulate Medical Education In India, Must Show Prima Facie Justification For Its Orders: Delhi HC
The Delhi High Court has observed that the Medical Assessment & Rating Board (MARB) is an authority entrusted with an important task of regulating medical education in India. Thus, it is expected to at least prima facie show some justification for its decisions.It added that MARB cannot be given unbridled power to routinely overrule the assessors' inspection reports pertaining to...
Deoghar Cable Car Accident: Jharkhand High Court Takes Cognizance, Orders Inquiry, Seeks State Govt's Report
The Jharkhand High Court has taken suo motu cognizance of the April 10 ropeway accident in Deoghar in which at least two people were killed (in total 4 people died). The mishap occurred on Sunday at around 4:30 pm as the cable cars collided with each other due to a technical glitch on the ropeway.The Bench of Chief Justice Ravi Ranjan and Justice S. N. Prasad ordered an inquiry into the...