Director Can't Be Prosecuted U/S 138 NI Act When He Is Not Involved In Day To Day Affairs Of The Company: Allahabad High Court

The Allahabad High Court has held that a director, who is not involved in the day to day affairs of a company, cannot be prosecuted for the offence under section 138 (Dishonour of cheque for insufficiency, etc., of funds in the account) of the Negotiable Instruments Act, 1881.'It is clear from the perusal of the complaint that there is no specific averment that applicant is involved...

'Why Can't Entire Masjid Premises Of Nizamuddin Markaz Be Opened For Offering Prayers?': Delhi HC Tells Centre To Come Out With A Clear Stand

The Delhi High Court on Friday told the Central Government to come out with a clear stand as to why it cannot reopen the entire masjid premises in Nizamuddin Markaz for offering of prayers by devotees. Public entry was banned at the Nizamuddin Markaz in the aftermath of Tablighi Jamaat members testing positive for Covid-19 in 2020.Justice Manoj Kumar Ohri was dealing with an application in...

'What About Those Who Commit Offences At Advance Age?': Delhi HC Refuses To Entertain PIL For Premature Release Of Old Aged Prisoners

The Delhi High Court on Friday refused to entertain a PIL seeking premature release of old aged and infirm prisoners in terms of recommendations made by Mulla Committee (1980-83) and the Model Prison Manual (2003).While expressing disinclination to even issue notice in the matter, the Division Bench of Chief Justice DN Patel and Justice Neena Bansal Krishna remarked,"This is a policy...

Delhi High Court Denies Bail To Alleged Middleman Christian Michel In AgustaWestland Case

The Delhi High Court on Friday dismissed the bail applications filed by Christian James Michel, facing investigation by the Central Bureau of Investigation and the Directorate of Enforcement in connection with Augusta Westland case. The bail pleas were moved in July last year. Justice Manoj Ohri pronounced the order today after hearing Advocate Aljo K Joseph for Michel, Advocate DP Singh for...

Gauhati High Court Asks Central Government About National Strategies For Conservation Of Biodiversity

The Gauhati High Court has directed the Central Government to file an affidavit positively before the next hearing indicating if it has developed any strategies, plans, programmes etc. for conservation, promotion and sustainable use of biological diversity as mandated by Section 36 of the Biological Diversity Act 2002.The provision empowers the Central Government to develop...

Alleged Scam Of 20,000 Crores Involving Cholamandalam Group and Public Servants: Madras HC Refuses To Direct Investigation By CBI

In a slew of allegations about Cholamandalam Group and public servants indulging in a large scale scam of public money amounting to Rs 20,000 crores, Madras High Court has refused to entertain a plea seeking direction to the Central Bureau of Investigation to register a case and conduct an in-depth investigation.The first bench of Chief Justice Munishwar Nath Bhandari and Justice D...

Alleged Violence During Contai Municipality Polls: Calcutta HC Asks ECI If It Can Conduct Forensic Audit Of CCTV Footage

The Calcutta High Court on Friday directed the Election Commission of India (ECI) to apprise the Court whether forensic audit of CCTV cameras used during the recently concluded Contai Municipality elections can be conducted by it through some independent agency. The Court was adjudicating upon a Public Interest Litigation (PIL) petition moved by BJP leader Soumendu Adhikari alleging that...

President Appoints Justice Vipin Sanghi As Acting Chief Justice Of Delhi High Court

The President has appointed Justice Vipin Sanghi, senior-most Judge of Delhi High Court as Acting Chief Justice with effect from March 13, 2022 consequent upon the retirement of Chief Justice DN Patel. Chief Justice DN Patel will retire on March 12. The notification issued in this regard reads thus:"In exercise of the power conferred by Article 223 of the Constitution of India, the President...

Sedition Case: Delhi High Court Issues Notice On Sharjeel Imam's Plea Challenging Charges Framed In Anti-CAA Speeches Case

The Delhi High Court on Friday issued notice on plea moved by Sharjeel Imam challenging a Trial Court order framing charges against him in a case relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.A division bench comprising of Justice Siddharth Mridul and Justice Anoop Kumar Mendiratta...

'Active Role' In Instigating Commission of Suicide Essential U/S 306 of IPC: Gujarat High Court Grants Anticipatory Bail To In-Laws

"It is settled law that, in order to bring a case within provisions of Section 306 of the IPC, there must be a case of suicide and in commission of the offence, person who is said to have abetted the alleged suicide, must have played an active role by an act of instigating or by doing a certain act to facilitate commission of suicide", the Gujarat High Court has held. The Bench of...

Nawab Malik Habeas Corpus Plea- Bombay High Court Hearing [DAY 4]- LIVE UPDATES

The Bombay High Court will continue to hear Maharashtra Cabinet Minister Nawab Malik's habeas corpus plea. Malik claims his arrest is illegal and has has sought immediate release.The bench of Justices PB Varale and SM Modak had began hearing arguments in Nawab Malik's habeas corpus petition challenging his arrest by the Enforcement Directorate and seeking immediate release in the...

Deposit Of Amount In No-Lien/Escrow Account Will Not Constitute 'Actual Payment' U/S 43B Of Income Tax Act: Orissa High Court

The Orissa High Court has ruled that deposit of amount in 'no-lien/escrow account' will not constitute 'actual payment' under Section 43-B of the Income Tax Act, 1961 ("the Act"). The Section provides a list of expenses allowed as deduction under the head 'income from business and profession'. It states some expenses that can be claimed as deduction from the business income only in the...