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GST Abolished Ad Tax, Doesn't Bar Municipal Licence Fees on Hoardings: Bombay High Court
The Bombay High Court recently held that the introduction of the Goods and Services Tax regime does not take away the power of municipal corporations in Maharshtra to levy licence fees on hoardings and sky-signs. The court clarified that GST abolished only advertisement tax and not regulatory charges imposed under municipal law. A division bench of Justice G S Kulkarni and Justice Advait...
Issuing Cheques For Another Entity's Dues Doesn't Create Operational Debt: NCLAT
The National Company Law Appellate Tribunal (NCLAT) at New Delhi has recently held that a company cannot be pushed into insolvency merely for issuing cheques on behalf of another entity, in the absence of a direct contractual relationship with the creditor. A coram comprising Justice Yogesh Khanna and Technical Member Ajai Das Mehrotra set aside an order of the National Company Law...
Power To Extend Mandate Of Arbitrator Appointed By HC Rests Exclusively With High Court: Calcutta High Court
The Calcutta High Court dismissed a revisional application filed by Cosmic MAPL JV challenging the Commercial Court's refusal to extend the mandate of an arbitrator under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Justice Shampa Sarkar held that in cases where the referral court is the High Court under section 11, it also...
National Lok Adalat At Punjab & Haryana High Court Disposes Of 303 Cases, Awards Over ₹13.36 Crore
As part of the nationwide initiative of the National Legal Services Authority (NALSA), a National Lok Adalat was organised today at the Punjab and Haryana High Court, in coordination with the High Court Legal Services Committee (HCLSC).The Lok Adalat was held under the overall supervision of Chief Justice Sheel Nagu, Patron-in-Chief of the High Court Legal Services Committee, and...
S. 321 CrPC | Mere State Govt's Intention To Withdraw Prosecution Not Binding; Independent Scrutiny By PP & Court Mandatory: Allahabad HC
The Allahabad High Court on Thursday observed that a "mere expression of intention" by the State Government to withdraw from the prosecution in a particular case neither binds the Court nor dilutes the statutory requirement of independent scrutiny by the Public Prosecutor and the judiciary. Dismissing a criminal appeal filed by four accused persons in a case involving...
Proof Of Occurrence Crucial, Victim's Minority Cannot Rescue Doubtful Prosecution: J&K&L High Court Acquits Gang Rape Accused
The Jammu & Kashmir and Ladakh High Court has ruled that where the prosecution fails to prove the very occurrence of the alleged crime through clear, cogent and uncontradictory evidence, the minority of the alleged victim cannot be invoked as a fallback to sustain conviction.While reiterating that consent of a minor is legally irrelevant in a rape prosecution, the Court cautioned that such...
Exception 4 To S. 300 IPC Won't Apply When Murder Happened In One-Sided Attack With No Mutual Exchange Of Blows : Supreme Court
The Supreme Court observed that when an accused resorts to physical violence without any quarrel or reciprocal aggression from the deceased, the exception of culpable homicide not amounting to murder cannot be invoked to seek a reduced sentence. In the present case, the appellant had delivered a knife blow to an unarmed victim and sought the benefit of lesser punishment under Exceptions 2 and...
Merit Alone Governs Scale-VII Promotions; Courts Can't Re-Assess Marks: Gauhati High Court
The Gauhati High Court has held that promotion from Scale-VI to Scale-VII under the applicable Promotion Policy is governed by the sole criterion of merit, and that courts cannot interfere with or re-evaluate the marks awarded by duly constituted promotion committees unless there is a clear violation of the prescribed procedure, parameters, or evidence of arbitrariness or mala fides. A...
Allahabad HC Stays Sister's Defamation FIR Proceedings Against Bhanvi Singh Over Claims In Divorce Suit With MLA Raja Bhaiya
In a respite for Bhanvi Kumari Singh, wife of sitting MLA Raghuraj Pratap Singh (Raja Bhaiya) from Kunda, the Allahabad High Court (Lucknow Bench) has stayed the proceedings in the criminal defamation case pending before a Lucknow Court against her. The proceedings were initiated pursuant to the lodging of an FIR by her own sister (Sadhvi Singh), which later culminated in a chargesheet...