News Updates
'Temples May File A Civil Suit Or Invoke Provisions Of HR & CE Act To Evict Tenant': Madras High Court Reiterates
Madras High Court has reiterated that it is open to the temples to avail the common law remedy by filing a regular suit or invoking Section 78 of the HR & CE Act for the eviction of a tenant.The single bench of Justice N. Anand Venkatesh observed that the substantial question of law is no longer res integra in light of the judgment in A.N. Kumar v. Arulmighu Arunachaleswarar...
No Conflict Between Section 17B Of The PF Act And IBC, NCLAT Directs Full Payment Of PF
The NCLAT, Principal Bench consisting of Justice Ashok Bhushan, Chairperson and Dr. Ashok Kumar Mishra, Technical Member in the case of Sikander Singh Jamuwal v. Vinay Talwar held that there is no conflict between the provisions of Section 17B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 and the Insolvency and Bankruptcy Code, 2016 and directed...
BREAKING| No General Application For Directions Barring Media Reporting Of POSH Cases : Bombay High Court Clarifies
Over five months after the Bombay High Court issued certain guidelines barring media reporting and uploading of judgements to maintain anonymity of parties, the bench clarified that its directions were 'case specific' not applicable to all matters under the Protection of Women from Sexual Harassment (POSH) Act 2013 and Rules. Justice Gautam Patel acknowledged that it was...
Delhi Court Summons Honeypreet Insan's Ex-Husband, Father-In-Law For Making Alleged Defamatory Statements
A Delhi Local Court on Monday summoned the former husband and father-in-law of Honeypreet Insan, the adopted daughter of Dera Sacha Sauda Chief Gurmeet Ram Rahim Singh, for making alleged defamatory statements against Honeypreet.The Metropolitan Magistrate Vivek Beniwal found that a prima case u/s 500 IPC was made out against the accused persons and therefore, it issued summons to...
A Charge Over Property Cannot Be Created In Lieu Of Maintenance If Neglect Of Husband Is Not Proved And Is A Self-Acquired Property: Andhra Pradesh High Court
The Andhra Pradesh High Court recently denied the claim of wife for a charge over husband's property in lieu of maintenance as it was a self-acquired property and no material evidence was given to prove that the husband neglected to maintain the wife and children. The appellant herein being the plaintiff filed the suit claiming maintenance against her husband who is the 1st defendant...
Mere Digitally Signing On Notice Contemplated U/S 148 Income Tax Act Won't Amount To Issuance Of Notice: Allahabad High Court
The Allahabad High Court has recently held that mere digitally signing the notice as contemplated under Section 148 of the Income Tax Act is not the issuance of notice and that the notice needs to be sent/dispatched to the income tax assessee through paper or electronic devices and when it is so sent, that day would be considered as the date of issuance of notice.The Bench of Justice...
Interference In Intra-Court Appeal Under Clause 15 Of The Letters Patent Appeal Is Limited Unless The Findings Of Single Judge Are Arbitrary: Andhra Pradesh High Court
The Division Bench of Andhra Pradesh High Court recently ruled that there is no requirement to interfere in order of the learned Single Judge in an intra-Court appeal under Clause 15 of the Letters Patent Appeal when there is no perverse or illegal finding. The court relied on Seshaiah v. South Central Railway, (2019) in which it was held that in an intra-Court appeal interference in the order...
Non-Appearance Of Assessee In Response To Notice Issued Electronically Under Section 142(1) Of Income Tax Act A Bonafide Mistake: ITAT Mumbai
The Mumbai Bench of ITAT, consisting of members G.S. Pannu (President) and Vikas Awasthy (Judicial Member), has ruled that non-compliance by the assessee of a notice issued electronically under Section 142(1) of the Income Tax Act, 1961 in the first year of transition towards an online and digital interface by the revenue department, is not deliberate and is a bonafide...
Order U/S 111 CrPC Must Contain Reasons Of Executive Magistrate's Satisfaction: Allahabad High Court
The Allahabad High Court recently explained the scope and necessary ingredients of an order drawn under Section 111 of the Code of Criminal Procedure by an Executive Magistrate.It may be noted that when an Executive Magistrate, upon consideration of such information that there is a likelihood of a breach of the peace by a person, is satisfied that it is necessary to proceed against that...
FIR & Chargesheet Can Be Quashed If Allegations Or Evidence Do Not Establish Commission Of An Offence: Delhi High Court
The Delhi High Court has observed that the FIR and chargesheet can be quashed if the allegations made in the FIR or complaint or the evidence collected, though remaining uncontroverted, do not disclose the commission of an offence. Justice Asha Menon was of the view that the the decision of the Court to exercise or not to exercise the inherent powers under Section 482 of the Cr.P.C. would...
'Not A Flight Risk, No Concrete Evidence For Coercive Action': Madras High Court Quashes Look Out Circular Against Rahul Surana
Madras High Court has quashed a Look Out Circular (LOC) issued against Rahul Surana, son of the Managing Director of Surana Industries Limited.Dr Justice Anita Sumanth opined that the Serious Fraud Investigation Office (SFIO) on whose approval the Bureau of Immigration issued a LOC in December 2020 couldn't satisfy the settled parameters for issuing the same, let alone its extension.Relying...