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...

"Wife Filed Unsubstantiated Criminal Complaint Against Husband, His Family Causing Immense Mental Cruelty": Delhi HC Dissolves Marriage

The Delhi High Court has dissolved marriage between a couple living separately for 12 years taking note of the fact that the wife had filed an unsubstantiated criminal complaint against the husband and his family members which caused them immense mental cruelty and agony.Justice Vipin Sanghi and Justice Jasmeet Singh dissolved the marriage by decree of divorce under Sections 13(1)(ia)...

Kerala Actor Sexual Assault Case: Supreme Court Grants Bail To Accused Martin Antony

In another development in the 2017 sexual assault case in which Actor Dileep is an accused, Supreme Court on Wednesday granted bail to the co accused driver Martin Antony who has been behind bars for almost 5 years.A Bench comprising Justice Ajay Rastogi and Justice Abhay S Oka granted bail taking note of the fact that the petitioner has crossed more than five years of incarceration and ...

Proceedings U/S 95 Of The IBC Shall Abate On Death Of The Personal Guarantor: NCLT, New Delhi

NCLT, New Delhi bench consisting of Justice Ramalingam Sudhakar and Sh. Hemant Kumar Sarangi in the case of Alchemist Asset Reconstruction Company v. Mr. Deepak Puri rejected an application filed by the Financial Creditor u/s 95 of the IBC, 2016 against the Personal Guarantor of the Corporate Debtor on the ground that after death of the Personal Guarantor, the proceedings against him...

Whether Claim Of License Fee For Use And Occupation Of Immovable Premises Is An Operational Debt U/S 5(21), IBC? : NCLAT Refers To Larger Bench To Consider

The Principal Bench of the NCLAT in a Bench consisting of Justice Ashok Bhushan, Chairperson, Dr. Ashok Kumar Mishra and Dr. Alok Srivastava, Technical Members in Jaipur Trade Expocentre Pvt. Ltd. v. Metro Jet Airways Training Pvt. Ltd. referred the issue of whether the claim of the Licensor for payment of License Fee for use and occupation of Immovable Premises for commercial purposes is...

Accessing The Premises Of A JV Company For Technical Assistance Can't Be Treated As Permanent Establishment Under DTAA : Delhi ITAT

The Delhi Bench of ITAT, consisting of members N.K. Billaiya (Accountant Member) and Astha Chandra (Judicial Member), has held that access to a foreign enterprise for providing technical assistance to its Joint Venture Company in its premises in India does not amount to a Permanent Establishment under the Double Taxation Avoidance Agreement. The Assessee FCC Co. Ltd, a Japanese...

Payment To Foreign Company For Utilisation Of Transponder Of A Satellite Is Not "Royalty" As Per DTAA: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) consisting of Sandeep Sigh Karhail (Judicial Member) and Prashant Maharishi (Accountant Member) ruled that the payment made to a foreign company for the utilisation of a transponder centred on a satellite was not in the nature of "royalty" in terms of the Double Taxation Avoidance Agreement (DTAA).The assessee/respondent in...