If Written Grounds Of Arrest Not Furnished At Least Two Hrs Before Production Of Accused Before Magistrate, Arrest & Remand Illegal: Supreme Court

In a significant ruling, the Supreme Court on Thursday (November 6) extended the requirement of providing the grounds of arrest in writing to apply to all offences under the IPC/BNS, and not just to cases arising under special statutes like the PMLA or UAPA. A bench of Chief Justice BR Gavai and Justice Augustine George Masih held that the failure to provide the grounds of arrest in writing...

Unmarried Brother Eligible For Compassionate Appointment If Employee's Wife Pre-Deceased Him: Allahabad High Court

The Allahabad High Court recently held that the exclusion of an unmarried dependent brother from the definition of 'family' under Rule 2(c)(iv) of the UP Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 would not apply when the deceased government servant's wife had pre-deceased him.In other words, the Court held that when a deceased government servant's wife...

Customs Act | Electronic Evidence From Unsealed CPU Without Certificate U/S 139C Cannot Form Basis Of Assessment: CESTAT

The New Delhi Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that electronic evidence from an unsealed CPU without any Section 139C certificate under the Customs Act cannot form the basis of assessment. Dr. Rachna Gupta (Judicial Member) and P.V. Subba Rao (Technical Member) opined that the computer/ CPU was not sealed at the time of panchnama and...

Delhi High Court Restrains Beauty Salon From Infringing Lotus Herbals' Mark

The Delhi High Court has restrained a beauty salon from using the name “Lotus Salon” or any mark deceptively similar to Lotus, a popular personal care and cosmetics brand, observing that there was prima facie evidence of trademark infringement and passing off.A single bench of Justice Tejas Karia passed the interim order on November 3 in a suit filed by Lotus Herbals Pvt. Ltd., which...

Madras High Court Reserves Verdict On Plea By Makers Of 'Good Bad Ugly' Movie To Vacate Interim Order In Copyright Case By Ilaiyaraaja

The Madras High Court has reserved orders on an application filed by Mythri Movie Makers, producers of the Ajith starrer “Good Bad Ugly” movie, seeking to set aside an interim injunction order issued against them in a copyright suit by musician Ilaiyaraaja. Justice N Senthilkumar reserved the orders on a Thursday (November 6) after hearing the arguments for Mythri Movie...

“Those In Power Today Will Not Be There Tomorrow”: Justice Atul Sreedharan Quotes Poet Rahat Indori, Bids Farewell To MP High Court

Speaking at his farewell ceremony at the Madhya Pradesh High Court, Justice Atul Sreedharan while quoting poet Rahat Indori said, that transfers are an incident of service and the only thing permanent in the universe is impermanence. On October 19, the Centre had notified Justice Sreedharan's transfer to Allahabad High Court. On October 14, the Supreme Court Collegium had modified its...

Not Sitting To Monitor Delhi University's Functioning But Students Can't Take Law In Their Own Hands During Elections: High Court

The Delhi High Court on Thursday (November 6) remarked that while it cannot monitor the day to day functioning of the Delhi University, students cannot take law in their own hands during the students' union elections. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela was hearing a plea filed by Advocate Prashant Manchanda highlighting the action of defacement...

Admission Of Claim By RP Is No Defence To Preferential Transaction U/S 43 of IBC: NCLT Mumbai

The National Company Law Tribunal (NCLT) Mumbai bench of Shri K. R. Saji Kumar (Judicial Member) & Shri Anil Raj Chellan (Technical Member) held that just because the claim had been submitted and accepted by the Resolution Professional, it does not negate preferential transaction under section 43 of the IBC. It held that “submission of a claim by a person with the...

Police Can't Compel Appearance In Absence Of Cognisable Offence: Madras High Court Criticises 'Current Paper Enquiry' By Police

The Madras High Court has criticised the practice of police officers conducting a “current paper enquiry” without any statutory backing. Justice B. Pugalendhi observed that such informal proceedings have no statutory recognition and the individuals could not be compelled to appear before the police unless a cognisable offence had been disclosed and recorded in accordance...

NCLT Kochi Orders Liquidation Of Malayalam Vehicles India Pvt Ltd After CoC Fails To Receive Any Resolution Plan

The National Company Law Tribunal (NCLT), Kochi Bench, has ordered the liquidation of Malayalam Vehicles India Private Limited (a former Tata Motors passenger vehicle dealer) in furtherance to the resolution passed by the Committee of Creditors (CoC) to liquidate the corporate debtor. The bench comprising Judicial Member Vinay Goel and Technical Member Madhu Sinha observed...

UAPA | Punjab & Haryana High Court Grants Bail To Man Accused Of Hoisting Khalistani Flag

The Punjab and Haryana High Court has granted bail to a man who had been in custody for nearly five years under the Unlawful Activities (Prevention) Act (UAPA) for allegedly hoisting a Khalistani flag.Justice Deepak Sibal ans Justice Lapita Banerji said, “The allegation against the appellant was that he had watched video of Gurpatwant Singh Pannu and indoctrinated his cousin Inderjit...

Chandigarh Consumer Commission Orders Just Dial To Refund Amount Charged Under Misleading 0% EMI Advertisement

The District Consumer Disputes Redressal Commission-II, Chandigarh, bench comprising Amrinder Singh Sidhu (President) and B.M. Sharma (Member), held Just Dial Ltd. liable for deficiency in service and unfair trade practice for charging interest on a 0% EMI advertisement plan and failing to refund the amount paid by the complainant. Brief Facts of the Case: The complainant, Dr....