Delhi High Court Reiterates Factors To Be Considered Before Making A Person Vicariously Liable For Offences By Company Under S.138 NI Act

The Delhi High Court has reiterated the various necessary factors to be kept in mind before making a person vicariously liable for offences committed by a company under sec. 138 of the Negotiable Instruments Act, 1881. Justice Subramonium Prasad listed out the following factors as laid down by the Supreme Court in various judgments:- The primary responsibility is on the complainant to...

With The Object of Awarding Just & Fair Compensation, Appellate Court Can Enhance Compensation In The Absence Of An Appeal: Jharkhand High Court

The Jharkhand High Court reiterated the settled legal position that with the object of awarding just and fair compensation, the appellate Court could enhance the compensation even if an appeal or objection has not been filed. Justice Gautam Kumar Choudhary referred to the decision in Reddy v. Duggireddy Venkatanarayana, where it was held that,"It is evidently clear that there is no complete...

S.406 CrPC| Appeal In Case Transferred To Sessions Court In Another State Lies Before HC Of Transferee State & Not Transferor State: Allahabad HC

The Allahabad High Court has held that once in exercise of its powers under Section 406 CrPC the Supreme Court transfers a case from the subordinate criminal court in one state to a subordinate criminal court in another state, any appeal against an order in the said case shall lie before the High Court in the transferee High Court. The bench of Justice Suneet Kumar and Justice Om Prakash...

Gujarat High Court Directs Refund Of IGST In Electronic Credit Ledger For SEZ Unit U/S 54 Of CGST Act, 2017

The Gujarat High Court has recently held that the Writ Applicant can be entitled to claim the refund of the IGST lying in the Electronic Credit Ledger as there was no specific supplier who could claim the refund under the provisions of the CGST Act and the CGST Rules as Input Tax Credit as distributed by the input service distributor. Further directing the Respondent-Authority to...

Contempt Of Court | Seeking Legal Redressal Cannot Tantamount To Interference Or Obstruction To Course Of Justice: Delhi High Court

The Delhi High Court has observed that seeking legal redressal cannot tantamount to interference or obstruction to the course of justice in relation to contempt of Court. Justice Asha Menon was dealing with a suit seeking a decree of permanent injunction restraining the defendants from writing, circulating, speaking, publishing or making any demeaning remark or material against it or engaging...

Commercial Court Has Jurisdiction Over Suit Property Used For Trade/ Commerce: Andhra Pradesh High Court

The Andhra Pradesh High Court recently transferred a suit from a Civil Court to the Commercial Court as the subject property in the suit was exclusively used for trade or commerce by a partnership firm, before its dissolution. Brief facts of the case The application was filed by the petitioner under Section 24 of Code of Civil Procedure to withdraw the suit from Senior Civil...

COVID 19: High Court Asks Delhi Govt To Publish Standards Of Blood Sample Collection In Consultation With ICMR

The Delhi High Court has recently asked the Delhi Government to publish requisite standards as to the collection of blood sample for conducting COVID 19 related tests in consultation with Indian Council of Medical Research (ICMR) within a week. Justice Najmi Waziri also said that the ICMR will highlight on it's website as to how much blood sample is permitted to be collected for conducting...

'Mother Asked Me To Sign Documents': Sameer Wankhede Challenges Cancellation Of Bar Licence And FIR In Bombay High Court

Former Narcotics Control Bureau (NCB) Zonal Director Sameer Wankhede has filed two petitions in the Bombay High Court challenging the action by Thane Collector and police for allegedly obtaining a liquor licence for his hotel through fraud and misrepresentation of personal details in 1997. The petitions allege action "pursuant to directions and political pressure stemming from...

Liquidated Damages Recovered For Delay In Completion Of Project Attracts 18% GST, Rules Telegana AAR

The Telangana Authority for Advance Ruling (AAR), consisting of members B. Raghu Kiran and S.V. Kasi Visweswara Rao, ruled that liquidated damages recovered by Applicant for delay in commissioning under an agreement constitutes "supply" under the Goods and Service Tax (GST) law, attracting a levy of 9% GST under the Central Goods and Service Tax (CGST) and State Goods and Service Tax...

AOP Running Educational Institution Eligible For Exemption Under Section 10 (23C) (VI) Of The Income Tax Act, Rules ITAT

The ITAT Bench of Mumbai, consisting of members Kuldip Singh (Judicial Member) and Prashant Maharishi (Accountant Member), ruled that an unregistered Association of Persons (AOP), formed by an agreement merging two charitable Trusts, is eligible for exemption under section 10 (23C) (vi) of the Income Tax Act, 1961. The Assessee, an educational institution, formed as an AOP, filed...

'More Dignified And Inclusive': Madras HC Gives Preference To Community's Tamil LGBTQIA+ Glossary Over State Govt's; Lauds State Govt's Efforts

In a significant development, the Madras High Court on Monday published in its order a Tamil glossary of LGBTQIA+ terms prepared by queer communities and individuals and further underscored that the Court preferred this list of terms compared to the one presented by the Tamil Nadu government. Justice N. Anand Venkatesh had earlier accepted the standardised guidelines/ prospective...

Kerala Police Notice To Senior Advocate B Raman Pillai Evokes Protest By Lawyers

The Executive Committee of the Kerala High Court Advocates' Association has decided to organise a protest meeting tomorrow at 1:10 PM against the notice issued by the Crime Branch to Senior Advocate B. Raman Pillai. The meeting will be held at the portico of the Kerala High Court on Tuesday. This comes after the Crime Branch issued a notice under Section 160 CrPC (requiring attendance...