Orissa High Court Releases Convict Under Probation Of Offenders Act In '30 Yrs Old' Attempt To Murder Case

The Orissa High Court has released a person under the Probation of Offenders Act, 1958 ('the P.O. Act') while upholding his conviction for attempt to murder under Section 307, IPC in a '30 years old' case. A Single Judge Bench of Justice Sashikanta Mishra observed, "…it is seen that the occurrence undoubtedly took place more than 30 years back. The Petitioner was a young man at...

Bar Under Section 41(1) Of The Presidency Small Causes Courts Act Is Not Attracted When The Tenant-Landlord Relationship Is Non-Existing: Bombay High Court

Bar Under Section 41(1) Of The Presidency Small Causes Courts Act Is Not Attracted When The Tenant-Landlord Relationship Is Non-Existing: Bombay High Court The Bombay High Court has held that bar under Section 41(1) of the Presidency Small Causes Courts Act, 1882[i] is not attracted to a dispute regarding declaration of tenancy rights under a partnership deed when the...

Benefit Of Carried Forward Business Losses And Unabsorbed Depreciation Losses Can't Be Availed For Ingenuine Amalgamation/Demerger: ITAT

The Pune Bench of the Income Tax Appellate Tribunal (ITAT) consisting of S.S. Vishwanethra Ravi (Judicial Member) and Inturi Rama Rao (Accountant Member) has held that the benefit of section 72A of the Companies Act, 1956 cannot be availed if the sole idea of the amalgamation was only to avail the benefit of carried forward business losses and unabsorbed depreciation losses as it is not...

Kerala High Court Weekly Round-Up: July 11 To July 17, 2022

Nominal Index [Citations 2022 LiveLaw (Ker) 340-353]Dhanya & Anr v. State of Kerala & Ors, 2022 LiveLaw (Ker) 340R Baji v Kerala State Road Transport Corporation & Ors, 2022 LiveLaw (Ker) 341Jeyaprabha R. v. CBI & connected matters, 2022 LiveLaw (Ker) 342M/s Holmarc Opto Mechatronics (P) Ltd v. Secretary, Kalamassery Municipality & Ors, 2022 LiveLaw (Ker) 343Sivalal v....

Allahabad High Court Weekly Round Up: July 11 To July 17, 2022

NOMINAL INDEX State of U.P. v. Baij Nath And Others 2022 LiveLaw (AB) 316 Nahid Hasan v. State of U.P. 2022 LiveLaw (AB) 317 Vice Chairman Abss Institute Of Technology v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 318 Shireen v. State Of U.P. And Ors 2022 LiveLaw (AB) 319 Committee of Management, Imambara Qadeem, Manauri, District Prayagraj through its Secretary and another...

Tax Cases Weekly Round-Up: 10 July To 16 July, 2022

Supreme Court Sufficiency Or Inadequacy Of Reasons To Believe Cannot Be Looked Into While Considering Validity Of Search & Seizure U/Sec 132 Income TaxAct: Supreme Court Case Title: Principal Director Of Income Tax (Investigation) vs Laljibhai KanjiBhai Mandalia | 2022 LiveLaw (SC) 592 Citation: 2022 LiveLaw (SC) 592 The Supreme Court, in a judgment delivered...

Arbitration Cases Weekly Round-Up: 10th July To 16th July, 2022

Supreme Court: Court Under Section 34,37 Arbitration Act Cannot Modify An Award ; It Can Only Remand: Supreme Court Case Title: National Highways Authority of India versus P. Nagaraju @ Cheluvaiah Citation: 2022 LiveLaw (SC) 584 The Supreme Court observed that, under Section 34 or 37 of Arbitration and Conciliation Act, a Court cannot modify the award passed by the...

NCLT Hyderabad Initiates Insolvency Process Against Trident Sugars LTD.

The National Company Law Tribunal ("NCLT"), Hyderabad Bench, comprising of Dr. Venkata Ramakrishna Badarinath Nandula (Judicial Member) and Shri Veera Brahma Rao Arekapudi (Technical Member), while adjudicating an application filed in NSL Krishnaveni Sugars Ltd v Trident Sugars Limited, has initiated Corporate Insolvency Resolution Process ("CIRP") against Trident Sugars Ltd. and...

SpiceJet Mishaps: Lawyer Moves Delhi High Court Seeking To Stop Company's Flying Services

A public interest litigation has been filed by a lawyer before the Delhi High Court raising safety concerns and seeking to stop flying services of Spice Jet Limited, in view of recent flight mishaps in the past two months.Moved by Advocate Rahul Bhardwaj, the plea makes Union of India, Ministry of Civil Aviation, DGCA and Spice Jet Limited as respondents. The plea will be heard on Monday by...

Contempt Action Not Warranted Unless Clear Case Of Unexplainable Wilful Disobedience Is Made Out: Telangana High Court

The Telangana High Court recently observed that disobedience of orders of the Court strikes at the very root of the rule of law on which the judicial system rests. However, such action should not be initiated unless a clear case of contumacious conduct, not explainable otherwise, arises. The observation came from Justice P. Naveen Rao: "Disobedience of orders of the Court strikes at...

Karnataka High Court Weekly Round-Up: July 11 To July 17, 2022

Nominal Index: T.SADANANDA PAI v. SUJATHA S PAI. 2022 LiveLaw (Kar) 255 SYED SHABAJ v. SMT. PREMA & ANR. 2022 LiveLaw (Kar) 256 SHIVASWAMY & Others v. THE STATE OF KARNATAKA & ANR. 2022 LiveLaw (Kar) 257 Philips India Limited v. State of Karnataka & Others. 2022 LiveLaw (Kar) 258 Shivu @ Shiv Kumar v. State of Karnataka & ANR. 2022 LiveLaw...

Madras High Court Weekly Round-Up: July 11 To July 17, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 294 To 2022 LiveLaw (Mad) 307 NOMINAL INDEX O. Paneerselvam v. AIADMK and others, 2022 LiveLaw (Mad) 294 S.Ramesh v. Union of India and another, 2022 LiveLaw (Mad) 295 P.Velumani v. The State and another, 2022 LiveLaw (Mad) 296 C Sivakumar v. A...