Order VII Rule 11 CPC | Existence Of Cause Of Action Cannot Be Equated With Merits Of Suit Filed: Delhi High Court

The Delhi High Court has observed that existence of the cause of action cannot be equated with the merits of the suit filed.Justice Asha Menon was dealing with an application moved under Order VII Rule 11 read with sec. 151 of CPC on behalf of the defendants in a suit seeking rejection of the plaint. The suit was filed for recovery of a sum of Rs.5 crores, by the plaintiff, daughter-in-law of...

YJ Dastoor Resigns As Additional Solicitor General At Calcutta High Court

Additional Solicitor General (ASG) at Calcutta High Court YJ Dastoor has resigned from his post. In a letter written to Law Minister Kiren Rijiju on Monday, he said that he is resigning from the post. However, the letter does not contain any reasons for the resignation. Dastoor had been appointed as the Additional Solicitor General on June 30, 2020 for a period of 3 years. He has been...

Income Tax Reassessment Notice Issued After 4 Years Without Valid Reasons: Chhattisgarh High Court Quashes Notice

The Chhattisgarh High Court bench of Justice Parth Prateem Sahu has quashed the income tax reassessment notice, which was issued after 4 years without stating any valid reason. The petitioner has challenged the notice under Section 148 of the Income Tax Act. According to Section 148 of the Income Tax Act, any income tax computation that has not been recomputed or reassessed will receive...

Orissa High Court Issues Directions To Ensure Nutritional Food, Hygiene And Health Facilities For Jail Inmates

In a significant order, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha Krishna Pattanaik of the Orissa High Court has issued certain directions to the Director General, Prisons to ensure food, hygiene and health facilities in all the jails/sub-jails of the State. It has also directed all the District Legal Services Authorities (DLSAs) to inspect the...

There Cannot Be A Deemed Waiver Of Section 12(5) Of The A&C Act By Issuing A Letter To The Opposite Party: Gujarat High Court

The Gujarat High Court has ruled that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 (A&C Act) is waived by the parties, the provisions of Section 12(5) would continue to be attracted. The Single Bench of Chief Justice Aravind Kumar held that there cannot be a deemed waiver of Section 12(5) by merely issuing a letter...

Court Does Not Have Adjudicatory Powers Under Section 27 Of The A&C Act: Bombay High Court

The Bombay High Court has ruled that the Court does not have the jurisdiction under Section 27 of the Arbitration and Conciliation Act, 1996 (A&C Act) to consider the legality of the reasons set out by the arbitral tribunal in its order permitting the examination of a witness. The Single Bench of Justice G.S. Kulkarni ruled that once the arbitral tribunal had formed a prima...

Mumbai Court Extends Anil Deshmukh's CBI Custody Till April 16

A special CBI court in Mumbai on Monday extended the CBI custody of former Maharashtra Home Minister Anil Deshmukh till April 16 in a corruption case. The court also extended the custody of co-accused Sanjeev Palande, Kundan Shinde and dismissed cop Sachin Waze. The Central Bureau of Investigation sought his custody for five more days in the case regarding corruption in transfers and postings...

Services Provided For Collection And Disposal Of Bio-Medical Waste To State Government Is Exempt From Gst: West Bengal AAR

The West Bengal Bench of the Authority for Advance Ruling (AAR) has ruled that services provided for collection and disposal of bio-medical waste to the State Government is exempt from GST. The Bench, consisting of members Brajesh Kumar Singh and Joyjit Banik, held that advance ruling cannot be sought with respect to the services provided by a sub-contractor to the applicant. The...

Depth Of Penetration Is Immaterial In Offence Of Rape: Allahabad High Court Denies Bail To POCSO Accused

Stressing that the depth of penetration is immaterial in an offence of rape, the Allahabad High Court last week denied bail to a man who committed rape on an 8-year-old girl.The Bench of Justice Sanjay Kumar Singh further observed that little girls are worshipped in our country, but the cases of pedophilia are increasing. The Court also said that a victim/female small child who experiences...

Sharjeel Imam Denied Bail In Delhi Riots Larger Conspiracy Case

A Delhi Court on Monday dismissed the bail plea moved by Sharjeel Imam in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code and UAPA.Additional Sessions Judge Amitabh Rawat pronounced the order after hearing Advocate Tanveer Ahmed Mir appearing on behalf of Imam whereas Special Public Prosecutor Amit Prasad appeared for...

Delhi High Court Disposes PIL Against Hinduja Group As IndusInd Bank Promoters, Directs RBI To Consider Representation

The Delhi High Court on Monday directed the Reserve Bank of India (RBI) to treat as representation a PIL seeking to reconsider the decision to increase the stakes held by Hinduja Group as the promoters of IndusInd Bank.A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla directed the RBI to examine the petition, highlighting the criminal antecedents of the promoters...

Gujarat High Court Orders Protection For Inter-Faith Couple, Reiterates SC Guidelines For Preventive & Remedial Action

The Gujarat High Court has yet again come to the rescue of an inter-faith couple, by directing the State Police to protect the couple from their families who are opposed to their relationship.The Bench comprising Justice Sonia Gokani and Justice Mauna M. Bhatt ordered that initially, the protection be provided for four months. Whichever place they attempt to settle, the SP/ACP of the...