News Updates
Wife Can’t Prosecute Extra-Marital Partner Of Husband For Domestic Violence Only Because She Lived In Their House: Orissa High Court
The Orissa High Court has observed that an illicit/extra-marital partner of husband cannot be prosecuted under the Domestic Violence Act by wife merely because she lived in the house of the couple. The Court said, both the women (wife and extra-marital partner) do not share ‘domestic relationship’ as per Section 2(f) of the Act merely because they stayed under the same roof.While...
Bombay High Court Grants Bail To Hospital Owners, Doctor In Fake COVID Vaccination Camp Case
The Bombay Court on Wednesday granted bail to hospital owners and a doctor accused of giving fake COVID vaccines in various vaccination camps across Mumbai observing that the alleged fake vaccines did not cause death or any adverse effect to any patient.Justice Bharati Dangre, while granting bail to Dr. Shivraj Pataria and Neeta Pataria, owners of Shivam Hospital, Kandivali in 8 cases, held...
No Vicarious Liability Of Company Managers When Their Role Not Disclosed In Complaint Petition: Jharkhand High Court
The Jharkhand High Court has recently held that vicarious liability cannot be imposed against an accused-Manager of the company when his role has not been mentioned in the complaint petition, and it has not been disclosed during the solemn affirmation or by the enquiry witnesses.A bench comprising Justice Sanjay Kumar Dwivedi made the observation while allowing a criminal writ petition...
"We Are Still Stuck In Patriarchal Notions": Madras High Court Directs Issue Of Passport To Man Whose Mother Was Indian And Father A Srilankan Refugee
The Madras High Court recently directed the Regional Passport authority to consider the representation of a man who had applied for an Indian Passport. Since his birth certificate showed him as a Srilankan refugee, he was called upon by the passport authorities to give an explanation.Justice GR Swaminathan of the Madurai bench noted that though the petitioner's father was also a...
Employer’s TDS Obligation Under New ‘Default’ Personal Tax Regime: CBDT Issues Clarifications
The Central Board of Direct Taxes (CBDT) has issued clarification regarding the deduction of TDS under Section 192 read with sub-section (IA) of Section 115 BAC of the Income-tax Act.Section 115 BAC of the Income-tax Act, 1961, has been amended by the Finance Act of 2023 to include a sub-section (lA), which establishes a new tax structure that will take effect for assessment years starting on...
NCLAT Delhi Upholds Subsequent Reduction Of Claim By The IRP, Based On An Arbitral Award
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Barun Mitra (Technical Member), while adjudicating an appeal filed in Intec Capital Ltd. v Uday Kumar Bhaskar Bhat, has upheld the decision of the IRP whereby the claim of financial creditor was reduced after having been once admitted, based on an...
Lawyer's Suspension Even For Few Months Has Severe Adverse Consequences On His Standing, Future Prospects: Bombay High Court
What a lawyer does in his personal life cannot be conflated with acts in his capacity as an advocate, the Bombay High Court recently observed in case of misconduct under the Advocate’s Act 1961. The court highlighted severe consequences of even temporary suspension on an advocate’s future prospects and asked the Bar Council of India to expeditiously decide Advocate Amresh Sharma’s ...
S.329(2) CrPC | Physical Presence Of Accused Essential For Determining Unsoundness Of Mind Making Him Incapable To Enter Defence: Orissa High Court
The Orissa High Court has clarified that physical presence of accused in the Court is essential, under Section 329(2) of the Code of Criminal Procedure, to assess if unsoundness of mind renders him incapable to enter defence. It underlined that the concerned Court must not pass order to that effect without examining the accused, merely basing upon medical certificate.Elucidating the point of...
Deliberate Departure From Terms Of Contract May Tantamount To A Malafide Action By Arbitrator: Jharkhand High Court
The Jharkhand High Court has reiterated that the arbitrator derives authority from the contract and thus, the award passed by him in manifest disregard to the terms of the contract would be arbitrary in nature. The bench of Justice Anubha Rawat Choudhary remarked that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on the part...
No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Diwakar Sharma v Anand Sonbhadra, has held that there is no scope for condonation of delay beyond the period of 15 days much less 45 days, as there is no window available...
Society's Dark Face That Families Still Feel Shy Marrying Their Son/ Daughter Out Of Caste: Allahabad High Court
The Allahabad High Court recently observed that it is society's dark face that Indian families still feel shy to get their son or daughter married to someone from outside their caste.The bench of Justice Rahul Chaturvedi observed thus while dealing with a joint plea filed by a woman (victim) and her husband (accused) seeking to quash the chargesheet filed against the accused under sections...
IT Rules Amendment Empowers Centre To Identify 'Fake News' In Social Media About Central Govt
On 6th April, 2023, the Ministry of Electronics and Information Technology (MeitY), Government of India, notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.The 2023 amendment confers power on MeitY to notify a fact check unit of the Central Government that will identify fake or false or misleading online content in respect to...