Consensual Teenage Relationship: Delhi High Court Grants Bail To Accused In POCSO Case As Victim Offers To Stand As ‘Surety’ For Him

Delhi High Court has granted bail to a 20-year-old in a POCSO case after the victim — the wife of accused, told the court that they were in a consensual relationship at the time of alleged offence, and is offering to stand as surety for him in case he is granted bail.In the decision on the bail application moved by the accused, Justice Anup Jairam Bhambhani said the offences under Section...

No-Claim Certificate In Pre-Printed Form And Pre- Condition To The Release Of Payment Amounts To Coercion : Delhi High Court

The High Court of Delhi has held that the a no-claim certificate is given under coercion if it was in a pre-printed form and a pre-condition to the release of payment under the final bill. The bench of Justices Vibhu Bakhru and Amit Mahajan held dispute between the parties cannot be said to be settled by accord and satisfaction on account of no-claim certificate given by the...

Since Investigation By DGGI Started Prior To Filing Of Application, AAR Order Is Invalid : Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that the term ‘any proceedings’ referred to in the proviso to Section 98(2) of the CGST Act/ Andhra Pradesh GST Act (APGST Act), includes within its ambit the investigation initiated against the applicant under the said Act. The bench of Justices U. Durga Prasad Rao and T. Mallikarjuna Rao noted that the proviso to Section 98(2) puts an...

Supreme Court Stays Madras High Court’s Order Directing Payment of Tax On Manufacture Of Water Borehole Drilling Rigs

The Supreme Court has stayed the order passed by the Madras High Court directing the payment of a minimum 4% tax on the manufacturing of the water borehole drilling rigs.The division bench of Justice Krishna Murari and Justice C.T. Ravi Kumar has observed that tax at the rate of 4% has already been deposited by the petitioner. The direction in the order to pay another 4% shall remain in...

Extension Of Limitation To Issue Order Under S. 73 Of CGST Act Would Also Extend Time Limit To Issue SCN: Kerala High Court

The Kerala High Court has ruled that when the time limit for issuing an order under Section 73(10) of the CGST Act stands extended by a notification, the time limit for issuance of show cause notice under Section 73(2) would also stand extended. The bench of Justice Gopinath P. was dealing with a writ petition challenging an order passed under Section 73 of the CGST/SGST Act on the...

NCLAT Rejects Reliance Capital’s Creditor Plea To Vacate Status Quo Order

National Company Law Appellate Tribunal (NCLAT) bench comprising of Justice Ashok Bhushan and Mr. Barun Mitra disposed off the appeal filed by the Reliance Capital Creditor namely Vistra ITCL against the NCLT Mumbai order dated 23.01.2023. Torrent Investment which emerged as the successful bidder for Reliance Capital with a bid of Rs. 8640 Crores filed an application before NCLT...

Three Supreme Court Judges Visit Sanganer Open Prison In Jaipur, Emphasise Need To Have More Such Prisons Across The Country

Three Supreme Court Judges Visit Sanganer Open Prison In Jaipur, Emphasise Need To Have More Such Prisons Across The Country Justices Sanjay Kishan Kaul, Aniruddha Bose and S.Ravindra Bhat of the Supreme Court visited the Sanganer Open Prison in Jaipur on Saturday, and interacted with the inmates and their families, by spending about three hours with them. They also visited...

Merely Making Unsustainable Claim Will Not Amount To Furnishing Of Inaccurate Particulars Of Income: ITAT

The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that the mere making of a claim, which is not sustainable by the law itself, will not amount to furnishing inaccurate particulars of income.The bench of S.S. Vishwanethra (Judicial Member) has observed that the appellant cannot be held guilty of furnishing inaccurate particulars of income, and, therefore, the Assessing...

Court Not Powerless To Appoint Appropriate Arbitral Tribunal, Even If Party Forfeits Its Right Under Arbitration Clause: Bombay High Court

The Bombay High Court has ruled that even if a party’s right to appoint its nominee in the Arbitral Tribunal as per the arbitration clause, is forfeited because it failed to exercise its right within the statutory period after receiving the notice invoking arbitration, it would not render the Court powerless to appoint an appropriate Arbitral Tribunal, after considering the nature of...

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

Citations 2023 LiveLaw (Del) 74 to 2023 LiveLaw (Del) 95NOMINAL INDEXRaghav Bahl v. ED 2023 LiveLaw (Del) 74N v. Principal Secretary Health and Family Department GNCTD & Ors. 2023 LiveLaw (Del) 75ISHA v. STATE (NCT OF DELHI) & ORS. 2023 LiveLaw (Del) 76RS v. STATE OF NCT DELHI AND ANR. 2023 LiveLaw (Del) 77Ram Prakash Chauhan Versus Commissioner of Delhi (GST) 2023 LiveLaw (Del)...

Arbitration Cases Weekly Round-Up: 22 To 28 January, 2023

Bombay High Court: Award Debtor Failed To Take Recourse To S. 26 of Arbitration Act; Cannot Challenge Award Claiming Expert Was Not Examined: Bombay High Court Case Title: Zenobia Poonawala versus Rustom Ginwalla & Ors. The Bombay High Court has ruled that if an award debtor has failed to take recourse to the provisions of Section 26 of the Arbitration and Conciliation Act,...

'Saw No Change In Husband's Behaviour After Settlement Efforts, Can't Be Blamed': Bombay High Court Upholds Grant Of Maintenance To Divorced Woman

The Bombay High Court has upheld the grant of maintenance to a woman, whose husband's petition for divorce was allowed by the family court on the ground of desertion and cruelty.Dealing with the argument that prior to the decree of divorce she had refused to live with the husband without a sufficient reason and thus cannot be held to be entitled to maintenance, the court said when she had...