CBDT Notifies Income Tax Exemption To Bhadohi Industrial Development Authority

The Central Board of Direct Taxes (CBDT) has notified income tax exemption to Bhadohi Industrial Development Authority.The Bhadohi Industrial Development Authority is an authority constituted by the state government of Uttar Pradesh.The exemption is granted in respect of money received from the disposal of land or 90-year lease of immovable properties; money received by the way of lease rent...

[BSF] Jammu & Kashmir High Court Upholds Widow's Rights To Family Pension Despite Divorce Proceedings Pending During Husband's Lifetime

The Jammu and Kashmir and Ladakh High Court recently ruled that a widow cannot be denied family pension after husband's death on the ground that during his lifetime, divorce proceedings were ongoing between the couple.The observations were made by Justice Rahul Bharti while hearing a widow's a plea seeking her deceased husband's pension who was serving in the Boarder Security Force (BSF) as...

Location Of Facilitation Council Under MSMED Act Would Remain The ‘Venue’ Of Arbitration When The Agreement Confers Jurisdiction On The Courts In A Different Place: Delhi High Court

The High Court of Delhi has held that the location of the Facilitation Council administering arbitration under Section 18 of the MSMED Act, 2006 would remain the ‘Venue’ of arbitration when the parties have conferred exclusive jurisdiction on a Court situated in a different place. The bench of Justices V. Kameshwar Rao and Anoop Jairam Bhambhani held that by virtue of the...

Supreme Court Of Pakistan Declares Election Commission’s Decision To Delay Punjab Polls Unconstitutional

Supreme Court of Pakistan on Tuesday declared Election Commission of Pakistan (ECP)'s decision to delay the election in Punjab as unconstitutional, without lawful authority or jurisdiction, void ab-initio, of no legal effect and consequently quashed the decision.The bench of Chief Justice Umar Ata Bandial, Justice Ijaz ul Ahsan and Justice Munib Akhtar said, “Neither the Constitution nor...

NCLT Urges Petitioners To Comply With Regulation 20(1a) Of Information Utility Regulations

The National Company Law Tribunal (“NCLT”) has released a Circular dated 03.04.2023, requesting the Petitioners in Sections 7 and 9 of IBC proceedings to produce the record of Information Utility (NeSL certificate) for effective hearing of their case and comply with Regulation 20(1A) of Insolvency and Bankruptcy Board of India (Information Utilities) Regulation,...

Limited Remedy Available Under S. 34 Of A&C Act Against Award Of Compensation Under NHA, Is Not A Ground To Invoke HC’s Writ Jurisdiction: Bombay High Court

The Bombay High Court has ruled that though the scope for challenging the compensation awarded by the Arbitrator to the landowners under Section 3-G (5) of the National Highways Act, 1956 (NHA) is limited to the parameters provided under Section 34 of the Arbitration and Conciliation Act, 1996 (A & C Act), the same cannot be a ground to invoke the High Court’s writ jurisdiction...

Authorities In Patent Office Must Practice Due Application Of Mind In Decisions, Cut-Paste Orders Can’t Sustain: Delhi High Court

The Delhi High Court has observed that the officers of Controller General of Patents, Designs & Trade Mark must practice due application of mind while rendering decisions and that template or “cut-paste” orders must be discouraged and cannot sustain.While pulling up an Assistant Controller of Patents and Designs for passing a “mechanical order” while refusing an application for...

Right To Residence In Matrimonial Home Includes Right To Safe And Healthy Living: Delhi High Court

The Delhi High Court has observed that the right to residence in a matrimonial home under the provisions of Protection of Women from Domestic Violence Act, 2005, also includes the right to safe and healthy living. While issuing notice on a wife’s plea challenging the order passed by the First Appellate Court in a civil case relating to matrimonial dispute, Justice Tushar Rao Gedela...

“Criminal Trial Is Not IPL T20 Match”: Orissa High Court Sets Aside Rape Conviction As Defence Counsel Not Granted Reasonable Time For Preparation

The Orissa High Court has set aside the conviction and sentence imposed on a rape accused on the ground that the State Defence Counsel, who represented him in the Trial Court, was neither supplied with police papers nor given a reasonable amount of time to prepare for the cross-examination of the victim.Expressing dissatisfaction over the hurried-up manner in which the cross-examination...

Public Prosecutor's Opinion Must Be Based On Materials Collected By IO: Calcutta High Court Censures PP For Not Objecting To Bail In Cyber Crime Case

The Calcutta High Court on Tuesday recorded its displeasure against the conduct of a public prosecutor who raised no objection to a bail application without the case diary being produced before the trial court.The single judge bench of Justice Tirthankar Ghosh observed:“I am unable to accept the conduct of the public prosecutor raising no objection without the case diary being produced...

CAT Cannot Condone Delay In Filing Review Application: Gauhati High Court

The Gauhati High Court recently reiterated that the Central Administrative Tribunal (CAT) has no power to condone the delay and entertain a review application beyond a period of 30 days. The division bench of The Chief Justice Sandeep Mehta and Justice Soumitra Saikia observed:“The Tribunal shall have no power to condone the delay unless expressly conferred the power by the statute creating...

Section 30(4) Of IBC Directory In Nature, Does Not Compel COC To Distribute Payments Based On Value Of Security : NCLT Hyderabad

The National Company Law Tribunal (“NCLT”), Hyderabad Bench, comprising of Shri Dr. N. V. Rama Krishna Badarinath (Judicial Member) and Shri Satya Ranjan Prasad (Technical Member), while adjudicating a petition filed in Stressed Assets Stabilisation Fund, Mumbai vs. M/s. Galada Power and Telecommunications Ltd., has held that Section 30(4) of IBC is directory in nature and does...