Kerala High Court Grants Bail To POCSO Accused, Doubts Fabrication Of Prosecution Case

The Kerala High Court on Wednesday granted bail to a person accused of offence under the Protection of Children from Sexual Offences Act (POCSO Act), on doubting the veracity of the prosecution version. Justice Kauser Edappagath took note that the victim in the case had given a complaint to the police for the first time after more than five years after the alleged incident. "There is...

Stabbed Friend's Neck In Heat Of Moment: Gauhati High Court Alters Murder Conviction To Culpable Homicide U/S 304 IPC

The Gauhati High Court recently altered the murder conviction of a man who stabbed his friend in the neck, to that of culpable homicide not amounting to murder on the ground that there was no evidence to show that the offence was committed with an intention or motive to kill the deceased. While setting aside the conviction of the appellant under Section 302 (Murder) IPC, the division bench...

NCLAT Delhi Upholds Remitting Of Resolution Plan Back To COC For Compliance Of Sec 30(2) IBC

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Noble Marine Metals Co WLL v Kotak Mahindra Bank Limited & Ors., has upheld the order of Adjudicating Authority whereby a Resolution Plan was remitted back to the Committee...

No Bar On Sale Of Corporate Debtor As A Going Concern After First Auction, Permission Of AA not required: NCLT Delhi

The National Company Law Tribunal (“NCLT”), New Delhi Bench, comprising of Shri Ashok Kumar Bhardwaj (Judicial Member) and Shri L.N. Gupta (Technical Member), while adjudicating a petition filed in Mr. Surinder Manchanda v Nolsar International Limited, has held that there is no bar on the sale of Corporate Debtor as a going concern even after the first auction has taken place and...

Man Able To Repay Hefty Loan Amount Can't Deflect From Responsibility Towards Wife, Kids: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that a person who is able to pay a hefty loan amount can not deflect from his responsibility towards his legally wedded wife as well children.The observation was made by the bench of Justice Jagmohan Bansal while upholding a family court order directing one Sandeep Malik, a Lieutenant Colonel, working with the Indian Army to pay a total of...

Gauhati High Court Quashes Order Declaring 52-Yr-Old Woman A Foreigner After Citizen-Father's Testimony Remains Uncontroverted

The Gauhati High Court recently quashed and set aside order of Foreigners Tribunal which declared a citizen of India as foreign citizen, on the ground that verification report of the authorities was incomplete and evidence of the father of the petitioner, who deposed that the petitioner is his daughter, remained uncontroverted.While setting aside the order of the Tribunal, the division bench...

NFAC Bound By The Decision Of Jurisdictional High Court: ITAT

The Bangalore Bench of the Income Tax Appellate Tribunal (ITAT) has held that the National Faceless Appeal Centre (NFAC) was bound by the binding decision of the jurisdictional high court, where the AO was situated.The two-member bench of N.V. Vasudevan (Vice President) and Laxmi Prasad Sahu (Accountant Member) has observed that an appeal against the decision of the Agra ITAT would be before...

‘Clear Violation Of Article 300A’: Allahabad High Court Directs Probe Against NHAI For Delaying Compensation

The Allahabad High Court last week directed the Principal Secretary (Revenue) Uttar Pradesh to conduct an inquiry against the officials of the National Highways Authority of India (NHAI) for the delay in awarding compensation to people of nine villages despite acquiring their land for a highway project. The bench of Justice Sunita Agarwal and Justice Manjive Shukla passed this order on...

Personal Hearing To Be Granted In All Matters Prior To Finalisation Of Assessment: Madras High Court

The Madras High Court has held that personal hearings shall be granted in all matters prior to the finalization of assessments, except where the stand of the assessee is intended to be accepted by the department.The single bench of Justice Anitha Sumanth has observed that the officer has grossly erred in proceeding to finalize the assessment in violation of the principles of natural...

Senior Advocate Samaraditya Pal Passes Away

Senior Advocate and Constitutional expert Samaraditya Pal of Calcutta High Court passed away today at his residence in New Alipore. 84 year old Pal was the husband of Former Supreme Court judge, Justice Ruma Pal. Pal, who got his Barrister degree from Inner Temple, London, United Kingdom, was also known as 'Bachchu' in the court and legal circles. He appeared in several...

Party Seeking Condonation Of Delay In Filing Appeal Against Ex-Parte Decree Not Required To Explain Its Absence During Trial: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court has recently held that the seeker of condonation of delay is not required to explain the period of his absence during the trial, what is required is explanation for period of delay which runs as per the Limitation Act.The observations were made by Justice Vinod Chatterji Koul while hearing a civil second appeal in terms of which the appellant had...

'Husband Not Incapacitated': Madras High Court Sets Aside Family Court Order Asking Wife To Pay Interim Maintenance

The Madras High Court has recently set aside an order of the Family Court directing the wife to pay twenty thousand rupees as interim maintenance to her husband during the pendency of their divorce petition. Justice R Subramanian and Justice K Govindarajan Thilakavadi noted that the Family Court judge had "magnified" a small procedure and had misplaced sympathy. The family judge had...