Kerala High Court Questions Maintainability Of MLAs' PIL Against ED Probe Into KIIFB, Reserves Verdict

The Court asked the summoned officers to appear before ED and cooperate with the investigation.

Denial Of Equal Pay For Equal Work Offends Articles 14 & 21 Of Constitution: Andhra Pradesh High Court

The Andhra Pradesh High Court has overturned the State's decision to not increase the remuneration granted to Computer Assistants engaged on contractual basis in various district courts of the state, attached to the post of data processing officer, with effect from 01.04.2019.A division bench of Justice A.V. Sesha and Justice G. Ramakrishna Prasad held that having extended the benefit of...

Karnataka High Court Refuses To Quash POCSO Case Against School Teacher Who 'Removed Student's Pants' As Punishment

The Karnataka High Court has refused to quash a case of sexual harassment registered against a school teacher under the provisions of the Protection of Children from Sexual Offences Act for allegedly beating a 5-year-old student and removing her pants, revealing the body of the child as a measure of punishment. A single judge bench of Justice M Nagaprasanna said, "Section...

Individual Performing 'Public Duty' Comes Under Purview Of Prevention Of Corruption Act: Karnataka High Court

The Karnataka High Court has said that the General Manager of Nandini Milk Products, which is a unit of KMF, a cooperative society, would become a 'public servant' within the Prevention of Corruption Act, 1998, for the ACB to register a crime. A single judge bench of Justice M. Nagaprasanna dismissed a petition filed by one V. Krishnareddy questioning the registration of crime against...

"Stay Safe & Keep Others Safe" : CJI Advises Advocates To Wear Masks

Amidst the rising number of CoVID cases, the Chief Justice of India NV Ramana on Thursday advised everyone in the courtroom to wear masks.When the bench of Chief Justice of India NV Ramana and Justice Krishna Murari assembled today morning and counsels sought court's permission to mention their matters for urgent hearing the CJI said,"Please wear a mask. The majority of our staff and...

Arbitration Agreement Not A Bar For Referring Parties To Facilitation Council Under MSMED Act: Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that a reference to the Facilitation Council under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) for conciliation and subsequent arbitration, is not barred on account of the presence of an arbitration agreement between the parties. The Single Bench of Justice R. Raghunandan Rao held that even if the arbitration...

Assessee Eligible For SVLDRS Declaration Since The Demand Of Duty Quantified On Or Before June 30, 2019: Bombay High Court

The Bombay High Court has allowed the declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 on the grounds that although there was an audit, the amount of duty quantified has also been quantified before 30th June 2019.The division bench of Justice K.R. Shriram and Justice Milind N. Jadhav has observed that the rejection of the petitioner's declaration on the...

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that even if prima facie case is established against an accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment as pre-trial punishment as the same clearly falls foul of the principles of criminal jurisprudence. A bench comprising Justice Mohan Lal was hearing...

Sum Directed To Be Refunded To Assessee Is A debt In The Hands Of Dept.: Delhi High Court Allows Interest On Refund U/S 244A

The Delhi High Court held that the Punjab & Sind Bank is entitled to a refund of money deposited by it upon re-computation by the department and interest is liable to be paid under Section 244A(1)(b) of the Income Tax Act.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora has observed that a sum has been found refundable to the assessee as a consequence of...

In Absence Of Any Resistance Or Alarm It Cannot Be Said Victim Was Kidnapped: Calcutta High Court Acquits Two

On Monday, the Calcutta High Court acquitted two persons accused kidnapping with an intention to marry on the grounds of doubt regarding victim girl's age, inconsistency in the narrations made by victim along with delay in lodging the FIR.The bench of Justice Sugato Majumdar also took note of victim's failure to raise hue cry, which raised suspicion as to the prosecution's story. "She is...

[PNB Scam] Bombay High Court Grants Bail To Vipul Chitalia, Former Vice President Of Gitanjali Group

The Bombay High Court on Thursday granted bail to Vipul Chitalia, former vice president (banking operations) of Gitanjali Group of Companies and an accused in the multi crore Punjab National Bank (PNB) scam involving Mehul Choksi, owner of the group. Justice Bharati Dangre granted bail to Chitalia four and a half years after he was arrested in the scam in March 2018. He was...

Limitation Is An Aspect Of Public Policy For The Purpose Section 34 Of Arbitration Act : Madras High Court

The Madras High Court has ruled that limitation is a facet of public policy, and hence, an arbitral award which is incorrect qua limitation is hit by Section 34(2)(b)(ii), read with Clause (ii) of Explanation 1 to Section 34(2)(b)(ii) of the Arbitration and Conciliation Act, 1996 (A&C Act). The Single Bench of Justice M. Sundar held that, in view of the principle laid down by...