News Updates
CPC Second Appeal | Can't Interfere With Orders Solely On Ground Of Sympathy, Substantial Question Of Law Must: Delhi High Court
The Delhi High Court has observed that a High Court cannot interfere with an order in second appeal under sec. 100 of Code of Civil Procedure, solely on the ground of sympathy in the absence of any substantial question of law. Sec. 100 of the CPC gives a procedural right of second appeal to either of the parties to a civil suit who had been adversely affected by the decree passed by a...
Himachal Pradesh High Court Issues Notice On Plea To Restrain State Govt From Paying Income Tax Of MLAs, Ministers
The Himachal Pradesh High Court has issued a notice to the state government on a plea challenging the provisions of the Himachal Pradesh Legislative Assembly (Allowances & Pension of Members) Act, 1971 and Salaries & Allowances of Ministers (Himachal Pradesh) Act, 2000, which exempt legislators and ministers from income tax on their salaries and allowances. The bench of Chief...
Ejipura-Kendriya Sadana Flyover: Karnataka High Court Wants Project To Be Completed This Year, Tells Contractor To File Undertaking
The Karnataka High Court on Tuesday suggested M/S Simplex Infrastructures Ltd to file an undertaking in court by Monday indicating that it would complete the four-lane Ejipura-Kendriya Sadana flyover in the Koramangala area of Bengaluru in a time bound manner. A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishan Kumar said, "Considering the facts that in case a...
Accused Can't Take Advantage Of Their Own Dilatory Tactics & Seek Bail If There Is Delay In Completing Trial: Andhra Pradesh High Court
The Andhra Pradesh High Court in a recent case observed that the accused had created hurdles from time to time so that the trial could not be completed. As a consequence, the accused/petitioner is not entitled to bail as it cannot take advantage of their own dilatory tactics. Brief Facts of the case The Criminal Petition was filed under Section 439 of the Code of Criminal Procedure...
Threshold Of 'Public Interest' Must To Prevent Bypassing Of Civil Courts For Enforcement Of Contractual Obligations: Bombay High Court
The Bombay High Court has reiterated that a writ court should not ordinarily exercise its powers under Article 226 of the Constitution in contractual matters, unless the same is expedient in public interest.The bench of Justices A.S. Chandurkar and G.A. Sanap took note of the Supreme Court's observations in Bharat Coking Coal Limited and others vs. AMR Dev Prabha and others, that the power...
Contai Municipality Polls| 'Constitutional Bar': SEC & WB Gov Opposes BJP's Prayer Seeking Forensic Audit Of CCTV Cameras By CFSL
The West Bengal government and the State Election Commission on Tuesday opposed the prayer of the BJP that a forensic audit of the CCTV cameras used during the recently concluded Contai Municipality elections should be conducted by an independent agency such as Central Forensic Science Laboratory (CFSL), New Delhi. The Calcutta High Court was adjudicating upon a Public Interest Litigation...
Delhi High Court Dismisses Plea Against Reopening Of Schools For Unvaccinated Children, Says No Data Suggesting They Are At High Risk Of Covid-19
The Delhi High Court on Tuesday dismissed a public interest litigation challenging the Delhi government's decision to resume physical classes for school-going children, from nursery to class 12th from April 1, 2022.The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla orally remarked,"There has to be a balance. Children are losing much more by missing school...There...
Tandav Web-Series Row: Allahabad High Court Grants Pre-Arrest Bail To Amazon Prime Video Head Aparna Purohit
The Allahabad High Court has granted final anticipatory bail to Amazon Prime Video head Aparna Purohit who is facing an FIR registered in Lucknow, for allegedly depicting Hindu gods in a bad light in the web series Tandav.The Bench of Justice Krishan Pahal considered the overall facts and circumstances of the case and consequently, came to the conclusion that the applicant deserved to be...
Performance Guarantee Commission Is Not Business Income Under DTAA: Delhi ITAT
The Delhi Bench of ITAT, consisting of Amit Shukla (Judicial Member) and B.R.R. Kumar (Accountant Member), has ruled that performance guarantee commission received by an assessee from its foreign Associated Enterprise is not its business income under the Double Taxation Avoidance Agreement (DTAA). The ITAT therefore allowed foreign tax credit under Income Tax Act, 1961 to the...
Trademark Infringement: Delhi High Court Grants Permanent Injunction Against Now Banned 'Club Factory' Website In Suit By Louis Vuitton
The Delhi High Court has granted permanent injunction against 'Club Factory', a China based portal which was banned by the Indian Government amid pandemic, in the trademark infringement suit filed by luxury brand 'Louis Vuitton'. Justice Pratibha M Singh permanently restrained owners of website "www.clubfactory.com from manufacturing, selling, offering for sale directly or indirectly any...
Not Mandatory To Register Or Pay Stamp Duty On Family Settlements Arrived At Orally, Put Into Writing Only For Purpose Of Info: Delhi HC
The Delhi High Court has observed that there is no requirement to compulsorily register family settlements and to pay stamp duty for the same when such settlement is initially arrived at as an oral partition, however, later is put into writing for the purpose of information. "The partition had been agreed upon between the parties by way of oral agreement with the intervention of their...