[O VI R 17 CPC] Merely Because Proposed Amendments Relate To Same Property, Doesn't Imply That Party Can Change Nature Of Suit: Bombay High Court

The Bombay High Court recently reiterated that an amendment that completely changes the nature of the suit cannot be permitted. Justice Sandeep V. Marne of the Aurangabad bench set aside a trial court order which allowed amendment to prayers in a property dispute despite observing that the plaintiffs were bringing a new case through the amendment. "Despite arriving at a...

Notification Issued Under Section 25 Of Customs Act, Effective From The Date It Is Digitally Signed: Gujarat High Court

The Gujarat High Court has ruled that the notification issued under Section 25 of the Customs Act, 1962, enhancing the rate of customs duty, would be applicable only on the bills of entry presented after the said notification was e-published in the electronic Gazette and digitally signed. The bench of Justices Sonia Gokani and Nisha M. Thakore took into account that, with effect...

[POCSO Act] MP High Court Upholds Closure Of Rights Of Accused To Cross-Examine Prosecutrix Owing To Their Dilatory Tactics

The Madhya Pradesh High Court, Gwalior Bench recently upheld the decision of the trial court to close the rights of the accused in POCSO case noting that they were indulging in dilatory tactics to defer the minor Prosecutrix from testifying. Rejecting the application of the Applicants/accused to grant them one last opportunity to cross-examine the Prosecutrix, Justice G.S....

Limitation Period Not Applicable To Refund Claims For Service Tax Paid Under Mistake Of Law: CESTAT

The Mumbai Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the limitation prescribed under Section 11B of the Central Excise Act, 1944, is not applicable to refund claims for service tax paid under a mistake of law.The bench of Ajay Sharma (Judicial Member) has observed that the appellant cannot be said to be liable to pay service tax in any way because...

Branding A Child As "Illegitimate" In Itself Amounts To Harassment: Bombay High Court

The Bombay High Court recently granted guardianship of a minor to her biological parents observing that the parents' plea cannot be rejected merely because Muslim law indicates that as an 'illegitimate child', she has no right to inheritance or descent. "This Court is of the opinion that since the petitioners in the present case are the biological parents...it would be a travesty...

IBC Does Not Prohibit An Assignee From Continuing Pending Section 7 Proceedings: 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 Siti Networks Ltd. v Assets Care and Reconstruction Enterprises Ltd. & Anr., has held that there is no prohibition in the IBC or any of the Regulations from continuing the proceeding by...

Allahabad High Court Denies Bail To 2 Alleged PFI Members Accused Of Conspiring To Kill Hindu Religious Leaders

The Allahabad High Court last week denied bail to two alleged members of Popular Front of India (PFI) who have been booked under the UAPA for allegedly conspiring to commit the murder of people and Office Holders of Hindu Religious Organizations and for creating fear and terror in the Society."...considering the fact that the recovery being made from the appellants of seized...

Panchayat Elections: Subject To ₹5 Lakh Cost, Karnataka HC Extends Time To Complete Delimitation Of Wards, Provide OBC Reservation

The Karnataka High Court on Wednesday granted an extension of 90 days to the Karnataka Panchayat Raj Delimitation Commission for completing the exercise of delimitation of wards in the taluka and zilla panchayats and also complete the exercise for providing reservation to Other Backward Classes (OBC) and other categories within the said period.A division bench of Chief Justice Prasanna B...

Husband Cannot Seek Mobile Tower Location Of Wife's Alleged Lover To Prove Adultery As It Violates Privacy : Karnataka High Court

The Karnataka High Court has said that disclosure of mobile tower locations of a third party in a matrimonial case cannot be permitted as it would violate the right to privacy of the person, who is not a party to the proceedings. Justice M Nagaprasanna said a citizen has a right to safeguard the privacy of his family, marriage and other incidental relationships. Informational privacy...

Zero Supply Led Assessee To Believe There Was No Requirement To File GST Returns: Gujarat High Court Quashes Order Cancelling GST Registration

The Gujarat High Court has quashed the order of cancellation of registration and directed the department to restore the registration of the petitioner.The division bench of Justice Sonia Gokani and Justice Mauna M. Bhatt has observed that the zero supply led the petitioner to believe that he was not required to file the returns. The assessee's consultant had not advised him correctly, which...

Income Tax Dept. Can't Initiate Reassessment Proceedings During The Pendency Of The Rectification Proceedings: Supreme Court

The Supreme Court has held that the income tax department cannot initiate the reassessment proceedings during the pendency of the rectification proceedings.The division bench of Justice M.R. Shah and Justice C.T. Ravikumar has observed that the Punjab and Haryana High Court has committed a serious error in holding that the notice under Section 154 was invalid as it was beyond the period...

Sitting On Business License Renewal Applications For Long Can Pave Way For Corrupt Practices: Kerala High Court

The Kerala High Court has expressed concern over the tendency of state authorities to sit on business renewal license applications, which in turn disrupts business activities and may pave way for corruption.Justice Bechu Kurian Thomas while quashing the FIR registered against M/S Aditya Finance, a hire-purchase business entity regulated under the Kerala Money Lenders Act, 1958 said,"A licensee...