CBIC Extends Requirement Of Health Certificate With The Import Of Food Consignments

The Central Board of Indirect Taxes and Customs (CBIC) has extended the requirement of a health certificate accompanied with the import of food consignments.Based on a reference from an FSSAI order from August 3, 2022, and its clarification from September 26, 2022, certain food consignments must have a health certificate when being imported.By order dated January 10, 2023, the FSSAI has...

Jhuggi Dwellers Can’t Be Disqualified From Rehabilitation Merely For Lack Of Name In Electoral Roll: Delhi High Court

The Delhi High Court has ruled that jhuggi jhopri dwellers cannot be disqualified from rehabilitation under Delhi Government’s policy merely because their name doesn't reflect in the electoral roll.Justice Prathiba M Singh relied on the judgment of a division bench in Udal and Ors. v. Delhi Urban Shelter Improvement Board and Ors wherein it was held that the parties would be permitted to...

Information Triggering Reassessment Proceedings Needs To Be Furnished To The Assessee: Delhi High Court

The Delhi High Court has held that the underlying information or material that formed the basis for triggering the assessment or reassessment proceedings was required to be furnished to the assessee.The division bench of Justice Rajiv Shakdher and Justice Tara Vitasta Ganju has noted that the petitioner has indicated that it will file a further response once the information or material...

Sale Consideration Out Of Transfer Of Capital Asset Is Liable To Capital Gain: Gujarat High Court

The Gujarat High Court has held that the detachable warrant has an existence of its own along with the debenture purchased by the assessee for a sum of Rs. 50. The realization would be a sale consideration arising out of the transfer of a capital asset and is subject to capital gain.The division bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri observed that the detachable...

Benefit U/S 10A Of IBC Can Only Be Claimed When Default Occurs During Prohibited Period: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun Mitra (Technical Member), while adjudicating an appeal filed in Vishal Agarwal v ICICI Prudential Real Estate AIF-I & Anr., has held that benefit under Section 10A of IBC can only be claimed when there is clear default during the prohibited...

NCLT Prescribes Dress Code For Members, Lawyers, RP, Authorized Representative & Parties In Person

The National Company Law Tribunal (“NCLT”) has issued an order dated 27.01.2023 specifying the dress code for NCLT President, NCLT Members, Legal Practioners, Authorized Representatives, Interim Resolution Professional, Liquidator, Resolution Professional and parties in person. The prescribed dress code is as under: President and Members: Long trousers (White/Black, Black...

BREAKING - Delhi Court Grants Bail To Accused Shankar Mishra In Air India Urination Case

A Delhi Court on Tuesday granted bail to Shankar Mishra, who is accused of urinating on an elderly woman on a New York-Delhi Air India flight in November last year.Additional Sessions Judge Harjyot Singh Bhalla granted bail to Mishra subject to furnishing a bail bond of Rs. 1 lakh. Copy of the order is awaited.Mishra was denied bail by a MM court earlier this month. The court had observed...

[NDPS Act] Explore Possibility Of Establishing Special Courts Covering 100 Km Radius Or One For Every Four Districts: Madras HC To State

While noting that there are only seven Special Courts to deal with NDPS cases at present, the Madras High Court suggested setting up of Special Courts covering 100 km radius or a Special Court for every four districts. Justice B Pugalendhi suggested the same after noting that the Investigating officers were finding it difficult to follow up with the cases as they had to...

Consider Expanding Para-Legal Volunteers Scheme To All Police Stations In Delhi: High Court To Authorities

The Delhi High Court on Tuesday directed various stakeholders to consider steps to expand implementation of Delhi State Legal Services Authority’s (DSLSA) scheme for engaging paralegal volunteers (PLVs) in all police stations of the national capital. The volunteers are meant to provide help in cases concerning missing children and offences against minors. The scheme was initially rolled out...

Convict's Death Does Not Discharge His Liability To Pay Fine Imposed By Court, Can Be Recovered From His Estate: Karnataka High Court

The Karnataka High Court has said that death of the convict does not discharge his liability from paying fine and compensation imposed by court. It can be recovered from the property which goes to his legal heirs after his death and they are legally liable for payment of fine. A single judge bench of Justice Shivashankar Amarannavar made the observation while dismissing an...

[Special Marriage Act] Youngsters Largely Employed Abroad, 30 Days Mandatory Residence & Subsequent Waiting Period May Need Relook: Kerala HC

A Petition has been recently moved before the Kerala High Court challenging the provision of the Special Marriage Act, to the extent that it mandates a waiting period of 30 days after submission of the notice of intended marriage. The Writ Petition was filed seeking a declaration that the mandatory waiting period is unconstitutional or a declaration that the 30 days period after submission of...

'Speedy Trial Is A Constitutional Right': Calcutta HC Quashes A 2011 Case Against Army Personnel Accused Of Outraging Woman's Modesty

While quashing criminal proceedings initiated against an Indian Army personnel by invoking its inherent powers under Section 482 of CrPC, the Calcutta High Court has recently underscored that the right to a speedy right is a constitutional right. Justice Siddhartha Roy Chowdhury observed,“Right to have speedy trial since been considered as constitutional right, I consider it expedient...