News Updates
Provisional Attachment Not To Hamper Normal Business Activities: Gujarat High court Quashes Attachment Order
The Gujarat High Court bench of Justice J.B. Pardiwala and Justice Nisha M. Thakore has held that the provisional attachment should not hamper normal business activities of the taxable person.The writ petitioner/assessee is in the business of manufacturing and selling ingots, having a factory situated near Rajkot, Gujarat State. The assessee is duly registered under the GST...
"Matter Pertains To National Security": Allahabad HC Denies Bail To Nepali Citizen Accused Of Being In Touch With Pakistani Nationals
The Allahabad High Court on Monday denied bail to a Nepali Citizen who has been accused of being in regular touch with 11 numbers pertaining to Pakistani nationals.The Bench of Justice Krishan Pahal denied him bail on the ground that the matter pertains to national security and the applicant is not an Indian national and therefore, he doesn't deserve to be released on bail.Bail...
Amount Disbursed By NBFC Upon Oral Agreement Not Covered In Financial Debt: NCLT Kolkata
The NCLT Kolkata Bench comprising of Shri Rajasekhar V.K. (Judicial Member) and Shri Balraj Joshi (Technical Member) while deciding a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("IBC"), titled Narendra Promoters & Fincon Pvt. Ltd. v Vinline Engineering Pvt. Ltd., has held that a disbursement made by a Non Banking Financial Institution ("NBFC") over an...
UP Govt Discontinues Engagement Of An Add'l Advocate General Who Was Recently Reproved By High Court For Her 'Conduct'
The Uttar Pradesh Government has canceled the engagement of Advocate Jyoti Sikka as the Additional Advocate General with immediate effect. The Secretary to the Government, Praful Kamal forwarded a letter to this effect to the office of the Advocate General of Uttar Pradesh yesterday.The state government has also discontinued the engagement of standing counsel Amit Sharma. Both the...
Allahabad High Court Organises First Gender Awareness And Sensitization Workshop
The Internal Committee of the Allahabad High Court last week organized a one-day Gender Awareness and Sensitization Workshop in compliance with Section 19 of the Sexual Harassment of Women at the Workplace Act (Prevention, Prohibition and Redressal) 2013. The workshop was inaugurated by the Chairperson of the Internal Committee (IC), Justice Sunita Agarwal, and the participants included 25...
'Unfortunately In India A Girl Child Is In A Very Vulnerable Position' : Kerala Court Finds Man Guilty Of Raping 9 Yr Old Girl
Last week, a Special POCSO Court in Kerala convicted a 53-year-old man for repeatedly raping a 9-year-old girl and found him guilty under Sections 376(f)(i) (rape on minor) IPC and Sections 5(l) (m) (p) r/w 6 and 9(l) (m) (p) r/w 10 of the Protection of Children from Sexual Offences Act, 2012. While convicting the man, Special Judge R.Jayakrishnan opined that the accused deserved no leniency...
"Aakar Patel Actively Connected With Amnesty International, Has Sufficient Contacts Outside India": CBI Justifies Issuance Of LOC Before Delhi Court
Justifying the necessity to issue a look out circular against former Amnesty International India Chief Aakar Patel, the Central Bureau of Investigation (CBI) has told a Delhi Court that Patel is actively connected with Amnesty International and has sufficient contacts outside India. In the written note filed, CBI has said that the purpose of Patel's travel was also not shown to be that of...
Dues Of Secured Creditor Have Preference Over Crown Debts Unless Otherwise Provided By Statute: Gujarat High Court
"Once any immovable property is mortgaged / hypothecated towards secured creditors then having regard to the provisions contained in Section 2(zc) to (zf) of the SARFAESI Act, 2002 read with the provisions contained in Section 13 of the SARFAESI Act, 2002, the secured creditor will have the first charge on the secured assets", the Gujarat High Court has affirmed recently. The...
"Recognizing Same-Sex Marriage Would Be Against Indian Culture, Laws & Indic Religions": UP Govt Submits Before Allahabad High Court
The Uttar Pradesh Government last week opposed the recognition of same-sex marriage on the ground that such marriages are against Indian culture and Indic religions and shall be invalid according to Indian laws, which have been designed keeping in mind the concept/existence of a man and a woman.The submission was made before the Bench of Justice Shekhar Kumar Yadav which was hearing a...
Karnataka High Court Upholds Constitutional Validity Of Proviso (v) To S.14(1) SARFAESI Act
The Karnataka High Court has upheld the Constitutional validity of proviso (v) Section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).Section 14 provides procedure in which Chief Metropolitan Magistrate or District Magistrate may assist secured creditor in taking possession of secured asset.Proviso (v)...
Notified Draft Rules For Inquiry & Counselling In Cases Of Surrender Of Children By Parents: State Tells Karnataka High Court
The Karnataka government on Wednesday informed the High Court that it has published the draft rules which provide for the procedure for inquiry and counselling to be followed by Child Welfare Committees, in cases of surrender of a child by parents/ guardians to the Committee. A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar were informed that the...
Right to Fair Compensation Act | 'Land' Includes Things Attached, Benefits Arising Out Of It: Bombay High Court
The Bombay High Court on Monday dealt with a petition seeking directions to pay proper compensation in terms of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. A bench of Justices S.V. Gangapurwala and Vinay Joshi noted that under the Act, 'land' includes everything that grows on it. It said,"the term...