News Updates
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...
Courts Do Not Have The Power To Seize The Passport Under Section 104 CrPC Even When A Criminal Case Is Pending: Andhra Pradesh High Court
The Andhra Pradesh High Court has recently reiterated that impounding of a passport cannot be done by the Court under Section 104 CrPC even when a criminal case is pending. The criminal petition was filed under Section 482 of the Code of Criminal procedure seeking to quash the order of the Court of Principal Sessions Judge and to return the passport of the petitioner to allow him...
"Kingpin, Globetrotter, May Jump Bail If Granted": Delhi Police Opposes Wrestler Sushil Kumar's Plea In Chhatrasal Stadium Murder Case
Opposing the bail plea filed by wrestler Sushil Kumar in Chhatrasal Stadium murder case of former junior national wrestling champion Sagar Dhankhar, the Delhi Police has told the Delhi High Court that Kumar is a 'kingpin' and a 'globetrotter' who may jump bail if granted. As per the status report filed by the Delhi Police, it is clear from the statements of victims and injured as well...
Using Term 'Straight Shooter' In Message Doesn't Amount To 'Extortion' Or 'Criminal Intimidation': Punjab & Haryana High Court
The Punjab and Haryana High Court recently quashed an FIR against a man who had been booked under Sections 386 [Extortion by putting a person in fear of death or grievous hurt] & 506 [Punishment for criminal intimidation] IPC for allegedly sending a WhatsApp message to the complainant using the term 'straight shooter' to extort money.The Bench of Justice Anupinder Singh Grewal concluded...
Right To Withdraw Notice Of Voluntary Retirement Before Intended Date Lost By Accepting Post-Retiral Benefits: Bombay High Court
The Bombay High Court bench of Justices A.S. Chandurkar and G.A. Sanap recently held that an employee who is entitled under the applicable laws to withdraw his offer of voluntary retirement before the intended date of such voluntary retirement, loses his right to do so by accepting the retirement benefits.The petitioner, who was serving as 'Assistant Manager' with the erstwhile Corporation...