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Customs Act | Mens Rea Mandatory For Penalty U/S 114AA; Assessee Cannot Be Punished On Assumptions: CESTAT Chennai
The Chennai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) held that a penalty under Section 114AA of the Customs Act cannot be imposed unless the department proves mens rea and a clear act of abetment with cogent evidence. The Tribunal clarified that Section 114 has a penal character of being a penalty in personam, placing the burden squarely on the...
'Fake' Cases On Rise: As Informant Turns Hostile, Allahabad HC Grants Bail In 'Dowry Death' Case Where SC Saw 'Prima Facie' Evidence
Highlighting the "stark reality of the society" in the matrimonial cases, the Allahabad High Court (Lucknow Bench) recently granted bail to an accused (Father-in-Law) in a dowry death case, observing that "fake cases of demand of dowry are on the rise". The relief was granted by Justice Pankaj Bhatia after the informant (brother of the deceased), who had previously approached the...
Section 92 CPC Broadly Worded, Allows Inquiry Into Trust Property Alienation: Himachal Pradesh High Court
The Himachal Pradesh High Court has observed that Section 92(1)(h) of the Code of Civil Procedure is “very widely worded”, empowering courts to grant such further or other relief as the nature of the case may require.The Court further remarked that Section 92(1)(h) is broad and allows “further or other relief” necessary for trust administration, including examining alienation of...
'Grossest Abuse Of Process': Supreme Court Imposes ₹1 Lakh Cost On NGO For Filing Writ Petition Against Constitution Bench Ruling
The Supreme Court on Friday imposed a cost of ₹1 lakh on an NGO for filing a writ petition under Article 32 seeking to challenge the 2014 Constitution Bench judgment which upheld exemption of minority educational institutions from the Right of Children to Free and Compulsory Education Act, 2009.A bench of Justice BV Nagarathna and Justice R Mahadevan dismissed the plea and described...
Justice D.Y. Chandrachud | The cause of justice must rank higher than individual interests
In this episode, the 50th Chief Justice of India, Justice D.Y. Chandrachud is in conversation with Senior Advocate and former President of the Bombay Bar Association, Mr. Rafique Dada. He reflects on the defining moments of his journey, from learning his craft at the feet of legal titans to delivering judgments that have redefined fundamental rights in modern India. CREDITS:Guest: Justice D.Y....
Justice D.Y. Chandrachud | The cause of justice must rank higher than individual interests
In this episode, the 50th Chief Justice of India, Justice D.Y. Chandrachud is in conversation with Senior Advocate and former President of the Bombay Bar Association, Mr. Rafique Dada. He reflects on the defining moments of his journey, from learning his craft at the feet of legal titans to delivering judgments that have redefined fundamental rights in modern India.CREDITS: Guest: Justice D.Y....
Kerala Court Sentences Six Convicted In Actress Rape Case To 20 Years Imprisonment
The Principal District and Sessions Court, Ernakulam, on Friday (December 12) sentenced all six accused, including the prime accused Sunil N.S. @ Pulsar Suni, to 20 years of imprisonment in the Actress Rape case.Judge Honey M. Varghese delivered the sentence after convicting the accused in the previous hearing."This case has created a sensation but the court should bear in mind that...
Supreme Court Issues Notice On Ex-Army Officer's Plea For Supply Of Documents In Case Under Official Secrets Act For Book On RAW
The Supreme Court today issued notice on retired Major General VK Singh's challenge to a Delhi High Court order which allowed him inspection of documents relied upon by the CBI in the Official Secrets Act case against him, but not supply of those documents.To recap, the Official Secrets Act case was lodged against Singh pursuant to his publication of a book post-retirement alleging corruption...
SRA Cannot Seek Interest On Performance Bank Guarantee If Letter Of Intent Does Not Provide For It: NCLAT
The National Company Law Appellate Tribunal (NCLAT) at Chennai has ruled that a successful resolution applicant (SRA) whose resolution plan was scrapped after the Committee of Creditors opted for liquidation, cannot claim interest on his performance bank guarantee if the Letter of Intent and the Request for Resolution Plan issued by the Resolution Professional does not provide for it. A coram...
J&K Court Rejects Bail Of Eight Police Personnel Accused Of Custodial Torture Of Constable
The Principal District & Sessions Judge, Kupwara has dismissed the bail applications of eight police personnel accused of illegally detaining and torturing a constable at the Joint Interrogation Centre (JIC) Kupwara. The Court held that the applicants had failed to demonstrate any legal or factual basis warranting their release and emphasised that the stage of proceedings did not...
Devotees Have No Legal Right To Light Lamp At Thiruparankundram, Article 226 Power Can't Change Custom: State Tells Madras High Court
The Tamil Nadu authorities told the Madras High Court (Madurai bench) on Friday (December 12) that devotees who moved the single judge seeking lighting of the lamp at Thiruparakundram Hills could not have claimed the same as a legal right, and Article 226 powers cannot be used to change a custom in existence for a long time. The division bench of Justice G Jayachandran and Justice KK...
How 2025 Reshaped Boundaries Of Resolution Estate Under Insolvency And Bankruptcy Code 2016
November 2025, brought with it major advancements into the debt restructuring ecosystem of India that reshape the contours of India's resolution estate under the Insolvency and Bankruptcy Code, 2016 ('the Code')[1].First is the circular dated 4th November 2025 ('the Circular') issued by the Insolvency and Bankruptcy Board of India ('IBBI') which permits insolvency professionals to seek restoration of assets attached under the provision of Prevention of Money Laundering Act, 2002 ('PMLA')[2],...











