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S. 482 CrPC | High Court Cannot Quash Cheque Bounce Cases By Conducting Pre-Trial Enquiry Into Debt Or Liability : Supreme Court
The Supreme Court on Friday (December 19) held that it is impermissible for the High Courts to quash cheque dishonour proceedings by undertaking a pre-trial enquiry into disputed facts, particularly when a statutory presumption under Section 139 of the Negotiable Instruments Act, 1881 operates in favour of the complainant. “we are of the considered view that the High Court committed an error...
Calcutta High Court Quashes Tender Blacklisting Of Pharma Firm; Says Show-Cause Notice Must Clearly Propose Debarment Action
“When it comes to blacklisting, the requirement becomes all the more imperative… it is the harshest possible action,” the Calcutta High Court stressed while setting aside a three-year debarment and forfeiture of performance bank guarantee imposed on Helax Healthcare Pvt Ltd for alleged supply of non-standard Telmisartan tablets.Justice Krishna Rao held that the September 26,...
Mills Cannot Go Back On Price Change Agreed For Sugarcane In Meeting Convened By CM, With Farmers: Karnataka High Court
The Karnataka High Court has permitted the South Indian Sugar Mills Association (Karnataka) and individual members of the association and factory owners to submit a representation to the Sugarcane Control Board, as regards the additional sugarcane price, which has now been fixed.Justice Suraj Govindaraj however noted that after agreeing in the meeting convened by the Chief Minister with regard...
Income Tax Act | Bombay High Court Allows Treaty-Based Cap Of 10% On DDT For Foreign Shareholder; Sets Aside BFAR Ruling
The Bombay High Court (Goa Bench) has held that Dividend Distribution Tax (DDT) paid by an Indian subsidiary to its foreign shareholder must be restricted to the treaty rate of 10% under Article 11 of the India-UK India Double Taxation Avoidance Agreement (DTAA) A Division Bench of Justice Bharati Dangre and Justice Nivedita P. Mehta allowed the appeal filed by the assessee,...
Kerala High Court Directs Suchithwa Mission To Frame Sustainable Sanitation Plan For Chottanikkara Temple
The Kerala High Court on Wednesday (17 December) directed the Suchithwa Mission, the State's nodal agency for sanitation and waste management, to play a proactive role in restoring and maintaining cleanliness at the Chottanikkara Bhagavathi Temple, following serious concerns over environmental and public health issues in and around the temple premisesA Division Bench comprising Justice...
GST | Court Should Not Presume Denial Of Bail Is Rule: Punjab & Haryana High Court Grants Bail In ₹23.66 Cr Fake ITC Case
The Punjab and Haryana High Court held that even in cases involving economic offences under the CGST Act, courts must not proceed on the presumption that “Denial of Bail is the Rule and grant being the exception”. Justice Aaradhna Sawhney stated that even in cases involving economic offences, the Court seized of the matter has to go through the gravity of the offence, the object...
'Enormity' Of Codeine Syrup 'Racket': Allahabad High Court Rejects Quashing Pleas Of Alleged Kingpin, Co-Accused; Upholds NDPS FIR
The Allahabad High Court today refused to quash multiple FIRs lodged against multiple persons accused of their involvement in the interstate trafficking of Codeine-based cough syrup, specifically 'Phensedyl'. Dismissing a batch of 23 writ petitions, including that of the alleged Kingpin of the suspected Codeine Cough Syrup Racket, a Division Bench of Justice Siddhartha Varma and...
