Section 53-A CRPC | MP High Court Directs DGP To Ensure Mandatory Provisions Regarding DNA Profiling In Rape Cases Are Adhered To

The High Court of Madhya Pradesh recently directed the Director General of Police to ensure that the provisions under Section 53-A CRPC regarding DNA profiling in rape cases are implemented by the investigating agencies. Placing reliance on the observations of the Supreme Court in the case of Chotkau v. State of Uttar Pradesh, the bench comprising Justice Vishal Mishra noted that it...

Delhi High Court Stays Search Warrant Against Advocate Mehmood Pracha For Office Raids

The Delhi High Court has stayed execution of the search warrant issued by a magistrate and other orders passed by the trial court for conducting raids at the office of lawyer Mehmood Pracha by Delhi Police. Justice Jasmeet Singh was of the prima facie opinion that Delhi Police had searched Pracha's office premises 24 December, 2020 and that there was no service of notice under section 91...

Kerala High Court Weekly Round-Up: December 19 To December 25, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 658- 666]Dr Asha Sreedhar v. Dr Shahinamole S and Connected Cases 2022 LiveLaw (Ker) 658Amaldev v. Preeja & Anr. 2022 LiveLaw (Ker) 659Ressy Mol Babu & Anr. v. State of Kerala & Ors. 2022 LiveLaw (Ker) 660Sreeja T. & Ors. v. Rajaprabha 2022 LiveLaw (Ker) 661Fiona Joseph v. State of Kerala 2022 LiveLaw (Ker) 662Devananda P P v....

Property Transferred to Mother Through Sale Deed Is A Sale And Not Gift, Taxable As Capital Gain: ITAT

The Rajkot Bench of the Income Tax Appellate Tribunal (ITAT) has held that the property transferred by the assessee to his mother for consideration of Rs. 5 lakh is liable to be brought under the ambit of capital gain.The two-member bench of Suchitra Kamble (Judicial Member) and Waseem Ahmed (Accountant Member) has directed the AO to refer the matter to the Department Valuation Officer (DVO)...

J&K&L High Court Weekly Roundup December 19 To December 25, 2022

J&K&L High Court Weekly Roundup December 19 To December 25, 2022Nominal Index :Case Title: Bajaj Allianz General Insurance Co. Ltd Vs Gulshan Kumar and Ors 2022 LiveLaw (JKL) 253Case Title : Akona Engineering Private Ltd Vs Pal Construction and another 2022 LiveLaw (JKL) 254Case Title : Royal Singh Vs UT of J&K 2022 LiveLaw (JKL) 255Case Title : Abdul Aziz Bhat Vs Mohammad Iqbal...

Madras High Court Weekly Round-Up: December 19 to December 25, 2022

A weekly round-up of important cases from the Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 511 To 2022 LiveLaw (Mad) 518 NOMINAL INDEX Arvind Gupta v Punjab National Bank and another, 2022 LiveLaw (Mad) 511 M Hemalatha v The National Medical Commission and others and Minor K Megatharani v The Union of India and others, 2022 LiveLaw (Mad)...

Tax Cases Weekly Round-Up: 18 December to 24 December 2022

Supreme CourtSmall Tax Effect: Monetary Limit To Prefer An Appeal Before The Supreme Court Is Rs. 2 crores: Supreme Court Case Title: CIT Versus Swapnil Finance Pvt. Ltd. The Supreme Court disposed of the appeal on the ground of low tax effects. The division bench of Justice M.R. Shah and Justice Sudhanshu Dhulia observed that the monetary limit to file an appeal before the...

"Deposit ₹10K In Gau Seva Aayog's A/C": Allahabad HC Imposes Bail Condition On Man Booked Under UP Cow Slaughter Act

The Allahabad High Court last week granted bail to a man booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955 on the condition that he shall deposit Rs.10,000/- in the account of Gau Seva Aayog within a period of one month from his release.The bench of Justice Shree Prakash Singh passed this order while adjudicating upon the bail plea moved by one Saleem who was booked...

Arbitration Cases Weekly Round-Up: 18 December To 24 December, 2022

Allahabad High Court: Section 9 Application, Against Cashing Unconditional BG; Court To Consider Only Terms Of BG: Allahabad High Court Case Title: U.P. Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd. The Allahabad High Court has ruled that while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C...

Allahabad HC Quashes CJM's Order Rejecting Rape Victim's S. 156 (3) CrPC Plea For Police Probe, Remands Matter Back

The Allahabad High Court last week quashed an order of a Chief Judicial Magistrate (CJM) rejecting an application moved by a rape victim under section 156 (3) CrPC seeking a police probe in the allegations of rape made by her against the accused.The bench of Justice Rahul Chaturvedi also remanded the matter back to the CJM's court with a direction to re-consider and re-visit the entire...

Transfer Of Fintech App To Subsidiary Is Transfer Of Going Concern: Karnataka AAR

The Karnataka Authority for Advance Ruling (AAR) has held that the GST exemption is available on the transfer of an independent part of business pertaining to mobile software.The two-member bench of M.P. Ravi Prasad and Kiran Reddy T. has observed that the transfer of an independent part of business pertaining to the "Loan Front" app, a mobile software, qualifies as a transfer of going...

Charge Of Double Benefit Sustains Only If Assessee Claims Refund, Utilises It For Paying Excise Duty: CESTAT

The Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Ahmedabad Bench has ruled that the charge of double benefit is only valid when the assessee claims a refund and uses it to pay excise duty.The bench of Ramesh Nair (a judicial member) has observed that it set aside the order passed by the Revenue Department rejecting the refund application of the assessee. The refund cannot...