No 'Inflexible Rule' Of Holding Test Identification Parade In Every Case To Rely Upon Identification Made By Witness: Kerala High Court

The Kerala High Court has observed that there is no stringent rule which requires holding of a test identification parade (TIP) in every case in order to rely upon an identification made by a witness.A division bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian observed: “There is no inflexible rule that, in order to rely upon an identification made by...

Tax Demands Raised Post Approval Of IBC Resolution Plan Are Not Enforceable: Karnataka High Court

The Karnataka High Court recently reiterated that tax demands raised by revenue authorities after the approval of a resolution plan under the Insolvency and Bankruptcy Code (IBC) are unenforceable if the claims were not submitted during the Corporate Insolvency Resolution Process (CIRP).A single bench of Justice M Nagaprasanna observed,“There is no jurisdiction to parallelly...

Show Cause Notice Cannot Be Issued Solely On Basis Of Voluntary Disclosure Under SVLDRS Scheme: CESTAT

The Bangalore Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has stated that a show cause notice cannot be issued solely based on voluntary disclosure by the assessee under the SVLDRS Scheme [Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019]. The bench, consisting of P.A. Augustian (Judicial Member) and R. Bhagya Devi (Technical Member), agreed with...

Bank Can Assign Debt Even If NPA Classification Is Later Declared Invalid: Rajasthan High Court

The Rajasthan High Court dismissed a writ petition filed against SBI's assignment of debt in favor of Alchemist Asset Reconstruction Company Ltd. (AARC) holding that even if NPA classification is later declared invalid, it does not affect the validity of assignment of debt. Justice Rekha Borana held that “the assignment cannot be invalidated merely because the NPA classification...

BCCI Supports Criminalization Of Match-Fixing; Seeks Intervention In Case Before Supreme Court

In a matter flagging the consequences of betting and match-fixing, the Board of Control for Cricket in India (BCCI) has come out in support of constitution of match-fixing as a criminal offense.A bench of Justices Surya Kant and Joymalya Bagchi was informed of the BCCI's stance today by Advocate Shivam Singh, who was appointed as Amicus Curiae to assist in the matter.Singh apprised the Court...

Advocate Moves Supreme Court Challenging BCI's Decision To Supervise State Bar Council Elections

An application has been filed before the Supreme Court seeking directions to restrain the Bar Council of India (BCI) from interfering with or assuming control over the conduct of elections to various State Bar Councils.“the conduct of Bar Council of India strikes at the very root of representative self-governance within the Bar and undermines the democratic character of the State Bar...

Madras High Court Asks Air India To Pay ₹35K To Man Who Found Hair In Food, Says Airline Attempted To Pass Liability To Caterer

The Madras High Court has directed Air India Limited to pay a compensation of Rs. 35,000 to a man, who had found a hair in the food packet served to him on flights. Justice PB Balaji noted that the airlines were negligent and had mischievously attempted to shift the liability to the caterer. Though the court interfered with the order of trial court imposing a compensation of Rs....

Supreme Court Denies Bail To Lawyer In UAPA Case Over Alleged Attempts To Disrupt Communal Harmony

The Supreme Court today(October 16) refused to interfere with the Madhya Pradesh High Court's order, which upheld the Trial court's order denying bail to lawyer Wasid Khan, who faces various charges under the Unlawful Activities (Prevention) Act for allegedly attempting to disturb communal harmony in the society with the object of establishing 'Mughal Order' which existed prior to...

Objections U/S 47 CPC Can't Be Entertained In Enforcement Of Arbitral Awards U/S 36 Of A&C Act: Orissa High Court

The Orissa High Court has recently held that objections under Section 47 of the Code of Civil Procedure ('CPC') cannot be allowed to be raised in the enforcement proceeding of an arbitral award, as enunciated under the provision of Section 36 of the Arbitration and Conciliation Act, 1996 ('A & C Act').While bringing clarity as to applicability of Section 47 of CPC to arbitral proceedings,...

SVKM's NMIMS Organises Workshop On Intellectual Property For Business Success And Innovation Growth

SVKM's NMIMS (Deemed-to-be University), Mumbai, through its IPR Cell, organized a workshop on “Intellectual Property for Business Success: Valuation, Licensing, and Commercialisation” to promote awareness on protecting and leveraging intellectual property (IP) for commercial and societal impact. T The workshop was held in collaboration with ASSOCHAM and supported by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce, and the Cell for IPR Promotion and...

Active Progress Of Housing Project Within Permitted Time Is Sufficient Compliance Under Tenancy & Land Reform Act: HP High Court

The Himachal Pradesh High Court has held that when permission is granted under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, the law only requires the land to be put to use for the intended purpose within the prescribed time, and not for the entire project to be completed.The Court remarked that the “Legislature deliberately used the phrase “put to use” instead...

Jharkhand High Court Quashes Adverse Remarks Against Lawyer Over 'Hooliganism' During Hearing, Accepts His Apology

The Jharkhand High Court quashed adverse remarks made against an advocate who had, while arguing an anticipatory bail matter last month, used "loud speech" and had "threatened the court to pass the order" stating that he will approach the Supreme Court challenging the same. Justice Sanjay Kumar Dwivedi in his September 25 order had observed that this was a case where an "attempt was made...