Victim Or Complainant Of Sexual Offences Not Ordinarily Required To Be Impleaded As Respondent: Delhi HC Appoints Amicus To Take ‘Considered View’

The Delhi High Court has appointed Senior Advocate Rebecca John as amicus curiae to decide if the requirement of giving intimation to a victim or complainant of sexual offences under IPC and POCSO Act, also requires impleadment of such person as a party to a bail plea or appeal. Section 439(1A) of CrPC states that the “presence of informant or any person authorised by him shall be obligatory...

[Pay & Recover] Insurance Company Not Absolved From Compensating Third Party If Driver Used Fake License At The Time Of Motor Accident: Gauhati HC

The Gauhati High Court has reiterated that mere possession of fake license by the driver at the time of accident does not absolve the liability of the insurance company to pay compensation to the third party.Justice Arun Dev Choudhury relied on Ram Chandra Singh v. Rajaram and Ors. 2018 8 SCC 799 and Shamanna v. The Oriental Insurance Company Limited and Ors. 2018 9 SCC 650 in which...

IBC Cases Weekly Round-Up: 23 January TO 29 JANUARY 2023

NCLATNo Condonation Beyond 45 Days, IBC Overrides Limitation Act : NCLAT ChennaiCase Title: M/s. Platinum Rent A Car (India) Pvt. Ltd. v M/s. Quest Offices Limited Case No.: Comp App (AT) (CH) (Ins) No.448/2022 The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member),...

Tax Cases Weekly Round-Up: 22 January to 28 January 2023

Supreme Court Supreme Court Sets Aside Bail Condition To Deposit Rs 70 Lakhs In Case For Wrongfully Claiming ITC Case Title: Subhash Chauhan Versus UOI Citation: 2023 LiveLaw (SC) 61 The Supreme Court has overturned a bail condition imposed by the High Court that a person accused of illegally claiming Input Tax Credit must deposit Rs. 70 lakhs, the alleged amount...

Karnataka High Court Weekly Round-Up: January 23 To January 29, 2023

Nominal Index Kuldeep And State of Karnataka & Others. 2023 LiveLaw (Kar) 21 Union of India & others And State of Karnataka & others. 2023 LiveLaw (Kar) 22 XXX And ABC. 2023 LiveLaw (Kar) 23 XYZ And ABC. 2023 LiveLaw (Kar) 24 K V Srinivas Rao & others And State of Karnataka & Others. 2023 LiveLaw (Kar) 25 Rajeev Chandrasekhar And State of...

Bombay High Court Upholds Grant Of Maintenance To Woman Who Had Accepted Alimony Under 'Customary Divorce'

Observing that a person's approaching the civil court for divorce itself shows that customary divorce does not exist in his caste, the Bombay High Court recently upheld an order granting maintenance to a woman under the Protection of Women from Domestic Violence Act, 2005 (DV Act).Justice S. G. Mehare, in the husband’s challenge to the award, held that:“For claiming any customary right,...

Madras High Court Weekly Round-Up: January 23 to January 29, 2023

A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2023 LiveLaw (Mad) 25 To 2023 LiveLaw (Mad) 33 NOMINAL INDEX Mr. AD Padmasingh Issac and others v. Karaikudi Achi Mess and another, 2023 LiveLaw (Mad) 25 The Designated Officer v. Jayavilas Tobacco Traders LLP, 2023 LiveLaw (Mad) 26 M/s. Paul Raj Engineering v....

Bombay High Court Weekly Round-Up: January 23 To January 29, 2023

Nominal Index [Citation 43 - 60]MA Multi-Infra Development Pvt. Ltd. v. ACIT 2023 LiveLaw (Bom) 43Vishwanatha Sridhar Prabhu v. Union of India & Anr. 2023 LiveLaw (Bom) 44Axis Trustee Services Limited v. Union of India and Ors. 2023 LiveLaw (Bom) 45ABC v. State of Maharashtra 2023 LiveLaw (Bom) 46Yoko Sizzlers v. Yokoso Sizzlers 2023 LiveLaw (Bom) 47Pradeep Sharma v. NIA 2023 LiveLaw...

Unless Caste-Based Insult Intended, Mention Of Victim's Caste Not An Offence Under SC/ST Act: Karnataka High Court

The Karnataka High Court has held that mere hurling of abuses without any intention to insult or make casteist remarks will not become an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by one Shailesh Kumar V and quashed charges levelled against him under Section...

Kerala High Court Weekly Round-Up: January 23 To 29 January, 2023

Nominal Index [Citation: 2023 LiveLaw(Ker) 39-47]Fasaludheen A. & Anr. v. State of Kerala & Anr. and other connected matters 2023 LiveLaw (Ker) 39Firozalavi T.V. v. State of Kerala & Ors. 2023 LiveLaw (Ker) 40Kerala State United Nurses Association v. State of Kerala 2023 LiveLaw (Ker) 41Sayed Mohammed Noorul Ameer and Ors. v. U.T. Administration of Lakshadweep 2023 LiveLaw(Ker)...

Explanation 2 To S. 37(1) of Income Tax Act, Which Bars Deduction of CSR Expenses, Is Prospective In Nature: Delhi High Court

The Delhi High Court has reiterated that Explanation 2 to Section 37(1) of Income Tax Act, 1961, inserted by the Finance Act, 2014, which bars deduction of CSR expenses while computing income from business or profession, is prospective in nature. The bench of Justices Rajiv Shakdher and Tara Vitasta Ganju remarked that deductibility of CSR expenses under Section 37(1), prior to...

Judges Of High Court Hold Constitutional Post, Information About Their Salary and Allowances Cannot Be Disclosed Under Section 4(1)(b)(x) Of RTI Act: Gujarat High Court

The Gujarat High Court recently quashed and set aside State Information Commission's order directing disclosure of the salary and allowances of a former Additional Judge of the Gujarat High Court under the RTI Act. Chandravadan Dhruv had filed an application under the RTI Act on 14.06.2016 seeking certain information, one of which was to provide information regarding the Salary...