NCLT Mumbai Excludes Moratorium Period In Calculation Of Limitation

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri Kishore Vemulapalli (Judicial Member) and Shri Manoj Kumar Dubey (Technical Member), while adjudicating a petition filed in Piramal Capital & Housing Finance Ltd. v Manpreet Developers Pvt. Ltd., has held that if an entity which itself was admitted into CIRP and has undergone moratorium, files...

Income Tax Dues Are Government Dues; Income Tax Authority Is A Secured Creditor: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), New Delhi Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Principal Commissioner of Income Tax & Anr. v M/s Assam Company India Ltd., has held that the dues of the Income Tax dues are Government dues and Income Tax Authorities...

KSRTC's Stand That Housewife Earns No Income And Is Not Entitled To Compensation For Disability & Loss Of Amenities 'Outrageous': Kerala High Court

The Kerala High Court recently held that the monetary compensation to be awarded to a housewife who had been injured due to the reckless application of brakes while traveling in a Kerala State Road Transport Corporation (KSRTC) bus, would have to be measured and weighed on the same scales, as it would, had she been a working woman. "...the contentions of the KSRTC, that a housewife earns...

Mosquito Repellent 'Good Knight' Is An Insecticide, 4% VAT Applicable: Orissa High Court

The Orissa High Court has held that the mosquito repellent "Good Knight" sold by Godrej Sara Lee Ltd. is an insecticide.The division bench of Chief Justice S. Muralidhar and Justice M.S. Raman has upheld the order of the tribunal and noted that the mosquito repellant is an insecticide within the meaning of that expression in Entry 30 of Part II of Schedule B and, therefore, a 4% tax...

No Excise Duty Payable On Empty Barrels Used Only For Packing Material: CESTAT

The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that no excise duty is payable on empty barrels used only for packing material.The two-member bench of Justice Dilip Gupta (President) and P.V. Subba Rao (Technical Member) has observed that the empty barrels are only packing materials in which the inputs are received, and these barrels are not...

Lawyers Should Not Rush To High Court For Every Small Thing, Digitization Of Trial Court Record A Must: Delhi High Court Judges

Giving a “judicial perspective” on the issue of long pendency of cases, Justice Jasmeet Singh and Justice Amit Sharma of Delhi High Court on Friday suggested ways to reduce the backlog.The judges were speaking at the “Coffee Conversation” organized by Delhi High Court Women Lawyers Forum. The topic of discussion of the event was "Role Of Bar In Reducing Arrear -...

Bombay High Court Notifies Designation Of 20 Lawyers As Senior Advocates

The Bombay High Court today notified the designation of twenty lawyers as Senior Advocates.The following lawyers have been appointed under Section 16 (2) of the Advocates Act, 1961 as per the Rules framed by the HC - Abhay S. KhandeparkarAshish S. KamatGopal Krishna Shivram HegdeRajshekhar V. GovilkarGirish S. GodboleKiran S. BapatVaibhav V. JoglekarSuresh S. PakaleGirish Anant...

Teacher Forcibly Ties 'Mangalsutra' To Student, Rapes Her: Bombay High Court Upholds POCSO Conviction

The Bombay High Court recently upheld a man’s conviction for kidnapping and raping his minor student observing that instead of grooming students to become responsible citizens, he created a blot on the pious relationship of a student and a teacher.A division Justice Vibha Kankanwadi and Justice Abhay S. Waghwase sitting at Nagpur dismissed the appeal against conviction observing – “In...

Time For Obtaining Sanction Excluded From Limitation U/S 468 CrPC: Karnataka High Court Refuses To Quash Criminal Case Over 'Forced Conversion'

The Karnataka High Court has refused to quash a case against four persons who allegedly tried to lure and convert a Hindu person to Christianity, in 2011.A single judge bench of Justice K Natarajan dismissed the petition filed by K J Kunjumon and others who were charged under sections 504, 323, 295A read with Section 34 of Indian Penal Code.“There is a case and counter case registered...

Allahabad High Court Denies Anticipatory Bail To Jitendra Tyagi In Case Over Allegations Of Raping Driver's Wife Repeatedly

The Allahabad High Court has DENIED anticipatory bail to Jitendra Narayan Tyagi Alias Syed Waseem Rizvi in connection with a rape case registered against him in the year 2021 by the wife of his former driver.Noting that non-bailable warrants have been issued against Tyagi by the Additional Chief Judicial Magistrate, Lucknow last month, the bench of Justice Mohd. Faiz Alam Khan did not find...

UGC Regulations Prescribe Appointment Of Principal In Affiliated Colleges Only By Direct Recruitment, Not By Promotion: Kerala HC

The Kerala High Court on Wednesday considered the question as to whether the Principal of a UGC affiliated private college in the State could be appointed by promotion, contrary to that provided in the UGC Regulations for maintenance of the standards in institutions for higher education. The Division Bench comprising Justice P.B. Suresh Kumar and Justice Sophy Thomas, while considering an...

MP High Court Quashes Non-Bailable Warrant Issued At Very First Instance Seeking Presence Of Accused, Says It’s Against Mandate Of Law

The Madhya Pradesh High Court recently set aside a non-bailable warrant issued by trial court to secure the presence of an accused in POCSO case, immediately after the filing of charge-sheet in the matter.The bench comprising Justice Dinesh Kumar Paliwal observed that issuing the non-bailable warrants on the very first date of filing of the charge-sheet is against the settled position of...