Article 226 Can't Be Invoked To Quash Chargesheet If Cognizance Has Been Taken; Remedy Available Under S.528 BNSS : Supreme Court

The Supreme Court observed that FIRs or charge-sheets may be quashed under Article 226 before cognisance is taken, but once cognisance is taken, the remedy lies under Section 528 BNSS (S. 482 CrPC) to challenge both the FIR/charge-sheet and even the cognisance order, if duly pleaded. “So long cognisance of the offence is not taken, a writ or order to quash the FIR/charge-sheet could be issued under Article 226; however, once a judicial order of taking cognisance intervenes, the power under...

Interest Accrued During & After S.10A Period Can Be Combined With Principal Amount To Meet ₹1 Crore Threshold U/S 4 IBC: NCLT Kolkata

The National Company Law Tribunal (NCLT), Kolkata Bench, comprising Justice Bidisha Banerjee (Member-Judicial) and Siddharth Mishra (Member-Technical), has held that if the default is committed prior to or during the section 10A period and liability to pay interest is accrued during the section 10A period and continued thereafter, such interest could be counted to meet the threshold of Rs....

2025 LiveLaw (SC) 874 | SREEJA D G & ORS. VERSUS ANITHA R. NAIR & ANR

'Judicial Impropriety' : Supreme Court Criticises High Court For Modifying Bail Condition When Bail Order Was Under Challenge In...

'Judicial Impropriety' : Supreme Court Criticises High Court For Modifying Bail Condition When Bail Order Was Under Challenge In SC

The Supreme Court criticized the Kerala High Court for 'judicial impropriety' in modifying bail conditions while its anticipatory bail order was already under challenge before the Supreme Court. “we are constrained to observe that where the order granting anticipatory bail by the High Court was impugned in the instant special leave petition and this Court was seized of the matter, an...

Assessee Cannot Be Asked To Prove Non-Occurrence Of Transaction Once Documentary Evidence Is Produced: ITAT

LThe Mumbai Bench of Income Tax Appellate Tribunal (ITAT) has stated that the assessee is not required to prove negative once documentary evidence is produced.Section 69C of the Income Tax Act, 1961 provides that if an assessee incurs any expenditure during a financial year and fails to provide a satisfactory explanation, or if the Assessing Officer does not accept the explanation, the amount...

High Court Warns Municipal Body Of Heavy Cost Over Failure To Repair Open Manholes In Punjab's Naya Gaon

In a strong worded rebuke to municipal apathy, the Punjab and Haryana High Court has warned civic authorities that they may face "heavy costs" or contempt of court proceedings if they continue to disobey Court's direction to repair the open Manholes in a neighbouring area of Chandigarh— Naya Gaon, that falls under Punjab Government.The Court had asked the responsible Municipal Corporation...

Orissa High Court Upholds Eviction From Jagannath Temple Land; Says Long Occupation Or Aadhar Cards Only Show Residence, Not Ownership

The Orissa High Court has held that 'Amrutamanohi land' belonging to the deity Lord Jagannath cannot be settled in favour of illegal occupants/encroachers only because it is in their possession for decades and they have government identity proofs with the said land.Dismissing the challenge to eviction notice as well as rejection of representation for settlement of land, a single bench of...

Allahabad HC & UNICEF Host Statewide Consultation On Effective Implementation Of JJ & POCSO Acts With Focus On Safeguarding Girl Child

Allahabad High Court Juvenile Justice Committee, in collaboration with UNICEF, Lucknow, hosted a state-level stakeholder consultation on "Effective Implementation of the Juvenile Justice Act, 2015 and the POCSO Act, 2012 with Specific Focus on Safeguarding the Girl Child: Towards a Safer and Enabling Environment for Her in Uttar Pradesh" on September 7.The event, organised at JTRI, UP,...

Supreme Court Rejects Plea Challenging Prof Naima Khatoon's Appointment As Aligarh Muslim University's Vice Chancellor

The Supreme Court today(September 8) refused to interfere with the appointment of Professor Naima Khatoon as the first woman Vice-Chancellor of Aligarh Muslim University. A bench comprising Justice J.K. Maheshwari and Justice Vijay Bishnoi dismissed the Special Leave Petition filed by Professor Muzaffar Uruj Rabbani and Professor Faizan Mustafa against the Allahabad High Court's order,...

Bureaucrats Must Realise That Benefits Received By Them Are Possible Due To Freedom Fighters: HP High Court On Denial Of Pension To Widow

The Himachal Pradesh High Court dismissed appeals filed by the Union of India and the State of Himachal Pradesh against the widow of a freedom fighter seeking pension.The Court held that despite repeated reminders by the Supreme Court regarding the purpose of Swatantrata Sainik Samman Pension Scheme the state authorities continued to deny pension on untenable grounds. The Court further...

Supreme Court Asks UPSC To Send Recommendations For Tamil Nadu DGP Appointment Soon

The Supreme Court today (September 8) asked the Union Public Services Commission (UPSC) to expeditiously consider sending recommendations for the appointment of the Director General of Police of Tamil Nadu.On receipt of recommendations from the UPSC, the State should immediately process the appointment of a regular DGP, the Court added.The bench of CJI BR Gavai and Justices K Vinod Chandran...

[CGST Act] Absence Of Document Identification Number Doesn't Render Assessment Orders Void: Andhra Pradesh High Court

The Andhra Pradesh High Court held that absence of document identification number doesn't render assessment orders void.The bench consists of Justices R Raghunandan Rao and Sumathi Jagadam were addressing the issue where the assessee/petitioner has challenged the assessment orders passed against him. The main ground for challenge is the lack of a Document Identification Number on the...