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Supreme Court Proposes To Lift Suo Moto Extension Of Limitation Given In View Of COVID; Might Give 90 Days Grace Period
The Supreme Court on Wednesday indicated that it was proposing to lift the suo moto extension of the limitation period for filing of cases granted by it last year on account of COVID-19 pandemic and the national lockdown.A bench headed by the Chief Justice of India told the Attorney General for India today that it was proposing to lift the ban on the running of limitation. The bench added that...
'We Will Give Appropriate Instructions': CJI Assures After Lawyer Mentions Difficulty In Getting VC Links
The Chief Justice of India SA Bobde on Wednesday assured that measures will be taken to see that links for Virtual Hearings of cases that are listed before the Supreme Court on a said day are sent to the appearing Advocates/ party-in-person. "We will give appropriate instructions. Everybody has to get a link", CJI SA Bobde said in view of difficulty expressed by a lawyer in the...
Supreme Court Restores Appeal Before NGT Against Environmental Clearance Granted to Vishakapatnam Greenfield International Airport
The Supreme Court, on Monday, set aside an order of National Green Tribunal which dismissed an appeal filed against the grant of environmental clearance for construction of the Greenfield International Airport, Bhogapuram, Vishakapatnam.The NGT, to dismiss the appeal filed by Sridevi Datla, had refused to condone the delay. The delay was sought to be condoned on the ground that the clearance...
"Dismissed For Non-Prosecution" : Supreme Court Dismisses Plea Seeking Allocation Of Separate Funds For Judiciary After Counsels Fail To Appear
The Supreme Court on Tuesday dismissed for non prosecution a PIL filed seeking directions for allocation of separate and adequate funds for Judiciary, when Counsels failed to appear even on a second call. During the hearing today, when the matter was called for hearing before a Bench led by CJI Bobde, the matter had to be passed over as no Counsels appeared before the Court. When...
Tandav Row- Supreme Court To Hear Plea For Anticipatory Bail By Amazon Prime's Commercial Head Aparna Purohit Tomorrow
A Supreme Court bench headed by Justice Ashok Bhushan to hear tomorrow a plea filed by Amazon Prime's Commercial Head, Aparna Purohit challenging the Allahabad High Court Judgment denying pre-arrest bail to her in the criminal cases registered connection with TANDAV Movie. Allahabad High Court on 25th February denied Pre-arrest bail to Commercial Head of Amazon Prime Video, Aparna Purohit, in...
Grossly Unfair To Report Exact Contents Of Chargesheet Before Cognizance & Providing Copies To Accused : Delhi Court In Riots Conspiracy Case
In a significant order, a Sessions Court in Delhi observed on Tuesday that it is "grossly and unjustified" on the part of the media to report the exact contents of the chargesheet when the Court is yet to take cognizance on it and the accused persons have not been provided its copies.While reporting generally on the chargesheet is acceptable, reproducing the chargesheet as it is gives rise to...
Limitation Period For Filing 'Section 34' Petition Commences From Date Of Receipt Of Signed Copy Of Arbitral Award By Parties: Supreme Court
The period of limitation for filing the Petition under Section 34 of the Arbitration and Conciliation Act would commence from the date on which the signed copy of the award was made available to the parties, the Supreme Court has held.The bench comprising Justices Indu Malhotra and Ajay Rastogi observed that there can be no finality of the award, except after it is signed.In this case, a...
"There is Redemption For Everything": SC Explores The Feasibility Of Restoring Senior Gown To Yatin Oza As An Interim Measure To Monitor His Conduct
The Supreme Court on Tuesday urged the Gujarat High Court to consider the feasibility of restoring the senior gown to Advocate Yatin Oza upon the reopening of the High Court post the summer recess, as an interim measure, to monitor his conduct to decide if the arrangement can be made permanent.Senior Advocate C. A. Sundaram, for the Gujarat High Court Advocates' Association, advanced, "Can...
Delhi Court Takes Cognizance Of Offences Of Sedition, Promoting Enmity Between Groups Against 18 Accused In Riots Conspiracy Case
A sessions court in Delhi on Tuesday took cognizance of the offences of sedition(Section 124A) and promotion of enmity between groups(Section 153A IPC) against all 18 accused in the Delhi riots conspiracy case, who are already booked under the UAPA.The Court took cognizance of these additional offences on the basis of sanction received under Section 196 of the Code of Criminal Procedure.The...
Proceedings Under Section 34 Of Arbitration Act Also Covered By Moratorium Under Section 14 IBC: Supreme Court
The Supreme Court observed that an application under Section 34 of the Arbitration and Conciliation Act to set aside an award is covered by moratorium under Section 14 of the Insolvency and Bankruptcy Code.Section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in...
Non-Explanation By Accused In Section 313 CrPC Statement Cannot Be Used As A Link To Complete Chain Of Circumstances: Supreme Court
The Supreme Court observed that false explanation or non-explanation of the accused to the questions posed by the court under Section 313 of the Code of Criminal Procedure, cannot be used as a link to complete the chain.It can only be used as an additional circumstance, when the prosecution has proved the chain of circumstances leading to no other conclusion than the guilt of the accused,...
Amounts Paid By Indian Companies To Use Foreign Software Not 'Royalty';Not Income Taxable In India; No TDS Liability : Supreme Court
Settling an important issue in the income tax law, the Supreme Court on Tuesday held that the amounts paid by Indian companies for the use of softwares developed by foreign companies do not amount to 'royalty' and that such payment do not give rise to income which is taxable in India.Therefore, there is no liability for Indian companies to deduct tax at source with respect to purchase of...