News Updates
'Legally Impermissible' To Quash Rape, POCSO Act Cases On The Basis Of Compromise Between Accused-Victim: Allahabad HC
The Allahabad High Court has observed the quashing of a Rape case or cases POCSO Act on the basis of the compromise entered between the accused and the victim is legally impermissible. The bench of Justice Ajai Kumar Srivastava-I observed thus while it refused to quash a 9 year old rape case filed by the victim against the accused on the ground that the matter had been compromised between...
Ensure Cattle Do Not Feed On Garbage Or Plastic, Can Have Detrimental Effect On Quality Of Milk: High Court To Delhi Govt
The Delhi High Court has directed the national capital government to take steps to ensure clean and hygienic milk is provided to the citizens and that cattle do not feed on plastic or garbage in the national capital A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the cattle feeding on garbage or plastic can have a detrimental effect on the...
Mere Apprehension Of Victim No Ground To Transfer Rape Case From Male Judge: Delhi High Court
The Delhi High Court has observed that mere apprehension of a victim is no ground to transfer a rape case to special courts designated to deal with POCSO cases or those presided by a woman judge.Justice Anish Dayal observed that such a situation would create a precedent which would open floodgates where all rape cases would be required to be transferred to special POCSO courts or to woman...
Memorandum Issued By The Government To Deduct 4% TDS Is Not Ultra Vires To Tripura Sales Tax Act: Supreme Court
The Supreme Court has held that the liability to pay the tax shall be on the transferor who transfers the right to use any goods as per proviso to Section 3(1) read with Section 2(b) and 2(g) of the Tripura Sales Tax Act (TST Act).The division bench of Justice M.R. Shah and Justice Krishna Murari has observed that Rule 3A(2) of the TST Rules and the memorandum issued by the Government to...
“IBC Does Not Contemplate Multiplicity Of Applications Against The Same Personal Guarantor”: NCLAT Chennai
The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Union Bank of India v Mr. P.K. Balasubramanian, has held that when the Insolvency Resolution Process commences against a Personal Guarantor, the claims of all Creditors are taken...
Facilitation Council Has Exclusive Jurisdiction To Arbitrate Claims After The Supplier’s Registration Under The MSMED Act: Calcutta High Court
The Calcutta High Court has ruled that the date of execution of a contract between a buyer and a supplier under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is irrelevant for the application of the provisions of the said Act. The Facilitation Council would have exclusive jurisdiction to decide on the reference, and to take up the dispute/ refer the same...
Can Seek Indian Citizenship Only After Renouncing Pak Citizenship: Karnataka High Court Rejects Woman’s Plea For Issuance Of Passport To Children
The Karnataka High Court has refused to issue a direction to the Union of India to consider the representation of two minor Pakistani Nationals, for issuance of Indian passport and grant of Indian citizenship to themA single judge bench of Justice M Nagaprasanna dismissed the petition filed by Aisha and Ahmed Mailk and said,“If the law elsewhere i.e., Pakistan does not permit renunciation...
S.138 NI Act | Clarity In Making 'Demand' An Essential Legal Requirement For Cheque Bounce Notices: Himachal Pradesh High Court
The Himachal Pradesh High Court has recently ruled that the statutory provisions in the form of Section 138 Negotiable Instrument Act indicate in unmistakable terms as to what should be clearly indicated in the notice and what manner of demand it should make. Clarity in making the demand is an essential prerequisite for cheque bouncing cases, it emphasised.The observations were made by...
MV Act | Delay In Lodging FIR Cannot Be Main Ground For Rejecting Claim For Compensation: Andhra Pradesh High Court
Dismissing an appeal filed by an insurance company against award of compensation in a road accident case, the Andhra Pradesh High Court said the delay in lodging FIR cannot be the main ground for rejecting the claim petition. The company had argued that the FIR was lodged two days after the accident, as an afterthought to claim compensation.The bench of Justice T. Mallikarjuna Rao...
KCS Act | Registrar Can’t Appoint Special Officer U/S 31(1) On Account Of Resignations If They Are Withdrawn Within 15 Days: Karnataka High Court
The Karnataka High Court has said that if resignations tendered by Directors of a cooperative society are withdrawn within 15 days, then there is no resignation which can be said to have been taken place and the Registrar of Cooperative Societies, under the Karnataka Cooperative Societies Act, in such circumstances cannot appoint a Special Officer for the society.A single judge bench of...
'Democratic Right Of Citizens To Protest & Persuade': Bombay HC Quashes FIR Against Green Activist Who Sent Messages To Metro Director To Save Aarey Forest
In a significant judgement on the use of technology to protest, the Bombay High Court has rapped the Mumbai police for booking a green activist alleging harassment over messages sent to IAS officer Ashwini Bhide in 2018 against felling of trees at Aarey Colony for the Metro III car shed.A division bench of Justices Sunil Shukre and MM Sathaye quashed the FIR registered at the Bandra-Kurla...
Gauhati High Court Directs State To Explain Why Foreigners Tribunal Ignored Woman's Plea That Show Cause Notice Wasn't Intended For Her
The Gauhati High Court recently directed the Assam Government to show cause with regard to the order of a Foreigners Tribunal which directed a woman, instead of the suspected foreigner to whom notice was originally intended, to discharge the burden that she is not a foreigner.The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan observed:“The respondents in the...