Bombay High Court Weekly Round-Up: November 28 To December 4, 2022

Nominal Index [Citation 462 – 473] 1. JSW Steel Limited v. Bellary Oxygen Company Private Limited & Anr. 2022 LiveLaw (Bom) 462 2. Kiran Rajaram Powar v. Mumbai Cricket Association 2022 LiveLaw (Bom) 463 3. Monic Sunit Ujjain v. Sanchu M. Menon and Ors. 2022 LiveLaw (Bom) 464 4. Bhujanga s/o Sarangdhar Sarkate and Anr. v. State of Maharashtra and...

Kerala HC Directs All Family Courts To Release Amounts Deposited Towards Arrears Of Maintenance At The Earliest

The Kerala High Court on Thursday directed all Family Court judges to release the amount deposited towards arrears of maintenance under the orders of the High Court or otherwise, at the earliest. The Single Judge Bench of Justice A. Badharudeen's observed, "when arrears of maintenance being deposited before the Family Courts in obedience to the order/interim order or otherwise, Family Courts...

Bombay High Court Reduces Sentence Of Former Cop Convicted For Sexually Assaulting Teen Boy, Cites Good Behaviour In Jail

The Bombay High Court recently reduced the sentence of a former police constable convicted for sexually assaulting a minor boy on the basis of good behaviour. While dealing with an appeal against the conviction, Justice Sarang V. Kotwal observed that the appellant, as a convict and as an undertrial prisoner prior to that, had already been in jail for longer than the minimum sentence...

Revenue Earned By BBC For Distribution Of BBC News In India, Not Taxable As Royalty: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the distribution revenue earned by the assessee- BBC World Distribution Ltd., from distribution of BBC World News Channel in India, is not in the nature of royalty and thus, it is not taxable in India in the absence of a Permanent Establishment. The bench of G.S. Pannu (President) and Saktijit Dey (Judicial...

Kerala High Court Weekly Round-Up: November 28 To December 4, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 618-631]Muhammed Shanavas v. Radhakrishnan & Ors. 2022 LiveLaw (Ker) 618Hussain v. State of Kerala and another 2022 LiveLaw (Ker) 619Memana Baby v. State of Kerala 2022 LiveLaw (Ker) 620State of Kerala rep. by the Addl. Secretary to the Government v. The Chancellor 2022 LiveLaw (Ker) 621Nandakumar T.P v. Central Bureau of Investigation and...

Madras High Court Weekly Round-Up: November 28 - December 4, 2022

Citations: 2022 LiveLaw (Mad) 480 To 2022 LiveLaw (Mad) 494 NOMINAL INDEX G Deepa and another v The General Manager and others, 2022 LiveLaw (Mad) 480 Rajamani v The Inspector General of Police (South Zone) and others, 2022 LiveLaw (Mad) 481 KR Raja v State, 2022 Livelaw (Mad) 482 Suo Motu v State of Tamil Nadu and others, 2022 LiveLaw (Mad) 483 V Annadurai v...

Section 9 Of The A&C Act Is A Provision In Aid Of The Arbitration, Applies To Foreign Seated Arbitration Also: Calcutta High Court Reiterates

The High Court of Calcutta has held that Section 9 of the A&C Act that provides for interim relief by the Court applies to foreign seated arbitration as well. The bench of Justice Shekhar B. Saraf held that Section 9 is a provision that is in aid of the arbitration proceedings in contrast to other provisions of Part-I that relates to the conduct of the arbitration proceedings and...

NCLAT Approves Sugar Farmers As Separate Creditors Group In The Sugar Industry Resolution Plan

The National Company Law Appellate Tribunal ("NCLAT"), Principal Bench, comprising of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Excel Engineering & Ors. v Mr. Vivek Murlidhar Dabhade & Anr., has urged the Government and the IBBI to examine some minimum entitlement to Operational Creditors based on...

RP Cannot Pursue An Avoidance Application After Approval Of Resolution Plan By The AA: NCLT Mumbai

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P.N. Deshmukh (Judicial Member) and Mr. Shyam Babu Gautam (Technical Member), while adjudicating a petition filed in State Bank of India v Ushdev International Limited, has held that the Resolution Professional cannot carry the hat of the "Former Resolution Professional" and pursue an avoidance Application...

"Judge Is An Easy Target": Allahabad High Court Dismisses Transfer Plea Alleging Judicial Bias, Imposes ₹10K Costs

"...the citizens from all walks of life have developed an outlook, where they think that a Judge is an easy target and that they can malign the Judges' reputation, alleging anything against them, particularly, the Presiding Officers in subordinate Courts," the Allahabad High Court recently remarked as it dismissed a transfer application and imposed Rs. 10K Costs on the petitioner.Dismissing...

Murder Convict Can't Be Sentenced To Punishment Less Than Life Imprisonment: Allahabad High Court

There cannot be any sentence/punishment less than imprisonment for life if an accused is convicted of murder offence under Section 302 of the Indian Penal Code, the Allahabad High Court observed in a judgment delivered recently.The Court observed thus while relying upon the ruling of the Apex Court in the case of State of Madhya Pradesh vs Nandu @ Nandua 2022 LiveLaw (SC) 732, wherein it...

Allahabad High Court Grants Bail To Man Accused Of Killing Wife As She Couldn't Prepare Food For Him

The Allahabad High Court recently granted to a man who has been accused of killing his wife as she could not prepare food due to the non-availability of vegetables. Taking into account the dying declaration of the deceased, the bench of Justice Shekhar Kumar Yadav noted that there was no premeditation for the applicant--husband to commit the offence as alleged against him."Perusal...