2007 'Provocative' Speech Case Against Azam Khan: Allahabad High Court Sets Aside UP Court's Order Taking Cognizance

In a partial relief for former Uttar Pradesh Cabinet Minister and Senior Samajwadi Party Leader Azam Khan, the Allahabad High Court has set aside an order of the Firozabad Court taking cognizance of offence under Section 153-A IPC in the 2007 'provocative' and 'communal' speech case.The bench of Justice Dinesh Kumar Singh observed that the offence under Section 153-A IPC is a serious offence,...

Resort To Resolve Disputes Internally Before Filing Section 11 Application Under A& C Act: Delhi High Court

The High Court of Delhi has held that an application for the appointment of an arbitrator under Section 11 of the A&C Act would be premature if it is filed without compliance with the pre-arbitration internal dispute resolution mechanism stipulated under the agreement. The bench of Justice Navin Chawla held that when the agreement provides for a multi-tier dispute...

Telangana HC Directs State Govt To Hold Republic Day Celebrations As Per Centre's Guidelines

The High Court of Telangana on Wednesday passed an interim order directing the state government to conduct Republic Day celebrations tomorrow as per the guidelines issued by the Government of India. Republic Day being a National Festival, has to be celebrated with national fervor, grandeur, gaiety and enthusiasm, the Court observed.The directions were passed by a bench comprising Justice...

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB

The Allahabad High Court recently granted bail to a man accused of uploading some objectionable material on his Facebook account with regard to the Chief Minister of the state, Yogi Adityanath.The Bench of Justice Sameer Jain passed this order as it noted that the offences under which the accused has been challaned are having maximum punishment of three years and the that he is in jail...

Reference Under Section 18(1) Of MSMED Act Would Override Arbitration Agreement Between Parties: Bombay High Court

The Bombay High Court has ruled that once reference under Section 18(1) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) is made and the Facilitation Council is in the process of commencing arbitration under Section 18(3), the application under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking appointment of arbitrator cannot...

NCDRC Directs DLF Homes Panchkula To Pay A Hefty Compensation For Delay In Handing Over Possession

The National Consumer Dispute Redressal Commission bench comprising Justice Ram Surat Ram Maurya as the president and Dr. Inder Jit Singh as member directed DLF Homes Panchkula to pay to the complainant delay compensation at an interest of 6% p.a. from the committed date of possession till the date of offer of possession. The bench was hearing a batch of complainants against the...

Credible Eyewitness Account Be Given Precedence Over Medical Account In Case Of Any Contradiction: Punjab & Haryana High Court

The Punjab and Haryana High Court recently held that the credible eye witness account "is to be assigned preponderance and precedence" over the medical account in case of contradiction between the two.The court also said that the effect of minimal digressions or contradictions between the previously made statements in writing by the eyewitness and "his echoings in his testification...

Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB

The Madras High Court has referred to the division bench the issue of the power of the high court under Article 226 to condone the delay beyond the maximum time limit stipulated under the GST Act.The single bench of Justice Abdul Quddhose has observed that there were two contradictory views expressed by two judges of the Madras High Court.The petitioners have challenged the cancellation of...

Assessing Officer Not Justified In Rejecting Audited Books Of Accounts For Producing Photocopy Of Bills: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessing officer was not justified in taking drastic action and rejecting books of account that are audited solely on the basis of general remarks that photocopies of the bills have been produced instead of original bills.The two-member bench of Anubhav Sharma (Judicial Member) and Pradip Kumar Khedia...

Allahabad High Court Quashes Criminal Proceedings Against Rajyasabha MP Imran Pratapgarhi In 2019 MCC Violation Case

The Allahabad High Court has quashed entire criminal proceedings against Rajyasabha MP and Congress leader pertaining to the 2019 Model Code of Conduct Violation case registered against him.The bench of Justice Dinesh Kumar Singh quashed the entire proceedings of the case against Pratapgarhi and others, the cognizance order dated 02.07.2022 as well as the summoning order dated 10.10.2022...

Supreme Court Makes Absolute Interim Stay On Bail Condition Prohibiting Rehana Fathima From Using Social Media

The Supreme Court on Wednesday made the stay order against the Kerala High Court’s bail condition restricting controversial activist Rehana Fathima from printing, posting or publishing her views on any medium of the media, as absolute. A bench comprising Justices BR Gavai and Vikram Nath ordered, “Having heard learned counsel for the parties, we are of the view that...

'Food Safety Commissioner Can't Impose Permanent Ban': Madras High Court Sets Aside Ban On Sale Of Gutka, Pan Masala, Other Tobacco Products

The Madras High Court recently set aside a notification issued by the state Commissioner of Food Safety imposing a ban on sale of Gutka, Pan Masala, flavoured or scented food products or chewable food products that contain tobacco or nicotine.While setting aside the notification, the bench of Justice R Subramanian and Justice K Kumaresh Babu held that the commissioner had exceeded his...