Delhi Court Summons Rajya Sabha MP Subramanian Swamy In Defamation Case By BJP Leader Tajinder Pal Singh Bagga

A Delhi Court on Tuesday summoned Rajya Sabha MP Subramanian Swamy in a defamation complaint filed by BJP leader Tajinder Pal Singh Bagga over a tweet, claiming it to be false and defamatory in nature. ACMM Dharmender Singh was of the view that there were sufficient grounds for proceedings against Swamy. Accordingly, the Court ordered thus:"In view of allegations made in complaint, testimonies...

Using Recycled Bottles Of Another Manufacturer Results In Infringement & Passing Off: Delhi High Court Rules In Favour Of 'BUDWEISER'

The Delhi High Court has restrained the owner of trademark 'BLACK FORT' and 'POWER COOL' from manufacturing or selling under the trademark 'BUDWEISER' in recycled bottles, or in any other manner, in respect of beer manufactured and sold by it. Ruling in favour of Anheuser-Busch LLC, owner of trademark 'BUDWEISER', Justice Pratibha M Singh was of the view that the use of recycled 'BUDWEISER'...

'Judicial Indiscipline' : P&H High Court Recommends Departmental Action Against Magistrate For Violating HC Direction

A single bench of the Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case.Observing that the Magistrate's action not only showed lack of understanding of fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the Chief Justice for...

'Political Stunt': PIL Filed In Calcutta HC Against WB Govt's Decision To Introduce Uniform With 'Biswa Bangla' Logo In State-Run Schools

A Public Interest Litigation (PIL) has been filed before the Calcutta High Court against the decision of the West Bengal government to introduce blue-and-white coloured uniforms for students in all State-run schools which will also feature the 'Biswa Bangla' logo. According to a notification dated March 16 issued by the Paschim Banga Samagra Siksha Mission, students of all...

POCSO Act | Prosecution Can Cross Examine The Victim On Her Turning Hostile : Karnataka High Court

The Karnataka High Court has said that under the Protection of Children from Sexual Offences Act, 2012, the prosecution can cross examine the victim on her turning hostile. A single judge bench of Justice M. Nagaprasanna said,"In terms of sub-section (2) of Section 33 of the POCSO Act, the Special Public Prosecutor or as the case would be, the counsel appearing for the accused shall,...

Delhi Riots: High Court Issues Fresh Notices On Applications Seeking Impleadment Of Political Leaders For Alleged Hate Speech

The Delhi High Court on Tuesday issued fresh notices on the applications seeking impleadment of various political leaders to be added as party respondents in the pleas seeking registration of FIRs against politicians for alleged hate speeches during 2020 Delhi riots.A division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar issued fresh notice on the...

Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act

The Calcutta High Court has recently granted default bail after noting that no notice of the application seeking extension of time in filing of chargesheet under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) had been served upon the accused thereby violating principles of natural justice. A Bench comprising Justice Debangsu Basak and Justice Bibhas...

Non-Deduction of TDS At The Year End As The Amount Payable Was Not Identifiable: Penalty not justifiable- ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Kul Bharat (Judicial Member) and R.K. Panda (Accountant Member), upheld the CIT(A) order, holding that the mere fact that taxes were not deducted on the year end provision but were deducted and deposited upon crystallisation of liability to pay the expenses does not automatically justify the imposition of a...

Bank Entitled To Proceed U/S 13 SARFAESI Act Notwithstanding That Debt Portfolio Was Assigned To It By NBFC: Bombay High Court

The Bombay High Court has held that a Bank, being a "secured creditor" within the meaning of section 2(zd) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), is entitled to initiate proceedings against a debtor under Section 13 thereof, notwithstanding the fact that the assignor of debt portfolio was not a...

Income Tax Authority Did Not Consider The Reply Filed By Assessee; Delhi High Court Sets Aside Penalty Imposed And Directs Fresh Consideration

The Delhi High Court has ruled that a penalty order passed by the income tax authority under Section 271(1)(c) of the Income Tax Act, 1961 without granting a hearing to the assessee is violative of the principles of natural justice. The Bench, consisting of Justices Manmohan and Dinesh Kumar Sharma, quashed the penalty order and remanded the matter back to the income tax authority...

Supreme Court Commences Hearing Pleas Against Lifting Attachment Of Properties Of 63 Moon Technologies

The Supreme Court on Tuesday commenced hearing the Special Leave Petitions preferred by the State of Maharashtra and NSEL Investors Action Group assailing Bombay High Court's order of freeing attachment of assets of 63 Moons Technologies.The High Court had also observed that National Spot Exchange Limited is not a financial establishment under the Maharashtra Protection of Depositors in...

Income Tax Deduction Available On Distribution Of Gifts For Sales Promotion Even If Assessee Refuses To Share List Of Recipients: ITAT

The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) headed by Rajpal Yadav (Vice President) and Waseem Ahmed (Accountant Member) has held that the assessee was eligible for an income tax deduction on the distribution of gifts for sales promotion even if the assessee refused to share the list of recipients.The assessee/respondent is in the business of installing computers...