Desktop Alert

CIVIL - Supreme Court: Hotels Cannot Deny Claim for Theft of Vehicle Given to Valet
Mon, 18 Nov 2019 12:43:38 IST

Supreme Court has ruled that hotels cannot deny compensation under the garb of "owner's risk" clause to its visitors for theft of vehicle parked through its staff. The Court has held that the burden of proof lies on the hotel to explain that any loss or damage caused to the vehicles parked was not on account of negligence or want of care. Further the Court also said that valet parking at the hotel is unlike parking facility where it is the owner's responsibility to find a suitable parking spot. (Podcast Available https://goo.gl/jRzvHc)

CONSUMER - Supreme Court Summarizes Principles to Determine 'Commercial Purpose'
Mon, 18 Nov 2019 12:43:22 IST

Supreme Court has observed that provision of hostel facilities to nurses so as to facilitate better medical care is a positive duty enjoined upon the hospital. Further the Court has also laid down some broad principles for determining whether an activity or transaction is 'for a commercial purpose' for the purpose of Section 2(1) (d) of Consumer Protection Act, 1986. (Podcast Available https://goo.gl/jRzvHc)

CONTEMPT OF COURT - SC Holds 6 Indiabulls Directors Guilty of Contempt for Transferring Shares of Fortis Healthcare
Mon, 18 Nov 2019 12:43:05 IST

Supreme Court has held six directors of Indiabulls Company guilty of contempt for moving 12.25 lakh shares of Fortis Healthcare Limited by Indiabulls Ventures to Indiabulls Housing Finance Ltd in September 2018 in violation of the court's order. (Podcast Available https://goo.gl/jRzvHc)

TENANCY - Supreme Court Upholds Right of NRIs to Claim 'Summary' Eviction Procedure
Mon, 18 Nov 2019 12:42:48 IST

Supreme Court has upheld the constitutional validity of Section 13-B of East Punjab Urban Rent Restriction Act, 1949 which grants Non-Resident Indians a right to claim eviction for bona-fide need by summary procedure. Further the Court also said that the right of NRI's to initiate eviction under the summary procedure was not an unfettered and an absolute right. (Podcast Available https://goo.gl/jRzvHc)

FAMILY - Supreme Court: Mere Registration of Agreement of Marriage is not Enough to Prove Marriage
Mon, 18 Nov 2019 12:42:30 IST

Supreme Court has observed that mere registration of an agreement of marriage is not sufficient to prove marriage. Further the Court noted that the Plaintiff will be entitled to succeed only on the basis of alleged registration of an agreement of marriage. (Podcast Available https://goo.gl/jRzvHc)

CONSTITUTION - SC: Writ Petition Should Normally not be Entertained Against Mere Issuance of Show Cause Notice
Mon, 18 Nov 2019 12:42:12 IST

Supreme Court has reiterated that a writ petition should normally not be entertained against mere issuance of show cause notice. The Court further noted that in the present case the High Court has entertained a writ petition and directed the Excise Department to prima facie consider whether there was material to proceed with the matter. The Court said that it may not be proper for the writ court to entertain a petition against a show cause notice issued by the Excise Authorities. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court Stays Allahabad HC's Order on Statement of Student who Accused Chinmayanand of Rape
Mon, 18 Nov 2019 12:41:55 IST

Supreme Court has stayed the Allahabad High Court order on Chinmayanand's request for a certified copy of a Shahjahanpur woman law student's statement made against the BJP leader before a magistrate. On November 7, the High Court had asked the Trial Court to provide the former Union Minister a copy of the statement of the woman, who has accused the former Union Minister of raping her. (Podcast Available https://goo.gl/jRzvHc)

ENVIRONMENT - Supreme Court Extends Ban on Felling Trees in Mumbai's Aarey Colony
Mon, 18 Nov 2019 12:41:34 IST

Supreme Court has extended the interim order by which it had stayed further cutting of trees in Mumbai's Aarey colony for setting up the Metro car shed. The Apex Court said that it will hear the matter at length in December. On October 21, the Top Court had clarified that there is no stay on the construction of the Mumbai Metro car shed at Aarey Colony but the status quo order is only applicable on felling of trees there. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Bombay High Court Slams Railways Over Women's Safety
Mon, 18 Nov 2019 12:41:19 IST

Bombay High Court slammed the Railways by observing that "women do not feel assured that they are safe in the compartments reserved only for them", and directed the national transporter to file a comprehensive action-taken report on the issue by December 12. The Court said Mumbai is considered the commercial capital of the country, but still women don't feel safe while travelling in trains. (Podcast Available https://goo.gl/jRzvHc)

SERVICE - Gujarat High Court Issues Notice to its Own Registrar Over EWS Quota
Mon, 18 Nov 2019 12:41:02 IST

Gujarat High Court has issued a notice to its Registrar in response to a petition claiming that an advertisement for recruitment of civil judges did not mention the 10 per cent Economically Weaker Section quota. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Karnataka High Court: Gravity of Offence not Decisive Ground to Refuse Bail
Mon, 18 Nov 2019 12:40:26 IST

Karnataka High Court has while granting bail to an accused charged of kidnapping and rape of a minor girl who later committed suicide said that gravity alone could not be a decisive ground to deny bail rather competing factors are to be balanced by the Court while exercising its jurisdiction. (Podcast Available https://goo.gl/jRzvHc)

SERVICE - Madras High Court Strikes Down Rules on Fixation of Seniority Based on Reservation in Promotions
Mon, 18 Nov 2019 12:40:10 IST

Madras High Court has directed the State Government to redo the exercise of fixation of seniority in state appointments after finding the fixation of seniority and conferring promotion based on reservation in promotions unconstitutional. The Court observed that Article 16(4-A) of Constitution of India was only an enabling provision and therefore a roster point promotee belonging to reserved category cannot count his seniority in the promotive category on that basis. (Podcast Available https://goo.gl/jRzvHc)

SERVICE - Chhattisgarh High Court Quashes Results of Preliminary Exam for Civil Judge Post
Mon, 18 Nov 2019 12:39:54 IST

Chhattisgarh High Court has quashed the final results of the preliminary examination conducted by the Chhattisgarh Public Service Commission for the post of Civil Judge (Entry Level). This decision was after the Court found as many as 41 errors out of 100 questions in the answer key published for the examination. (Podcast Available https://goo.gl/jRzvHc)

BANKING - Punjab and Haryana HC: Accused not Competent to Tender Evidence on Affidavit for Trial under NI Act
Mon, 18 Nov 2019 12:39:34 IST

Punjab and Haryana High Court has ruled that an Accused facing trial under the Negotiable Instruments Act, 1881 cannot be allowed to tender evidence on affidavit. Further the Court said that the trial Court has not committed any error while declining permission to this effect to Petitioner. (Podcast Available https://goo.gl/jRzvHc)

FOOD ADULTERATION - Madhya Pradesh High Court Terms NSA in Food Adulteration Cases Illegal
Mon, 18 Nov 2019 12:39:13 IST

Madhya Pradesh High Court has in back-to-back judgments in three cases registered in the State during the "drive against adulteration" where National Security Act, 1980 was slapped on an Accused not only quashed the preventive detention of the dairy owners but also criticized the respective district magistrates for passing orders "in a mechanical manner, without application of mind. (Podcast Available https://goo.gl/jRzvHc)

DIRECT TAXATION - Karnataka High Court: No TDS on Agreement for Bulk Sale of Advertisement Space
Mon, 18 Nov 2019 12:38:49 IST

Karnataka High Court has held that an agreement for bulk sale of advertisement space does not amount to contract for work as applicable under Section 194 C of the Income Tax Act, 1961. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - NCLT Directs Kwality Lenders to Reconsider Haldiram's Rs 145-Cr Revised Offer
Mon, 18 Nov 2019 12:38:34 IST

National Company Law Tribunal has directed the lenders of Kwality Ltd to reconsider the revised Rs 145-crore offer by Haldiram Snacks to acquire the debt-ridden dairy firm. Further the Tribunal has also extended the Corporate Insolvency Resolution period by another three weeks and directed the Committee of Creditor to reconsider the enhanced offer. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - NCLAT Dismisses PepsiCo Plea for Release of Machinery from Oceanic Tropical
Mon, 18 Nov 2019 12:38:17 IST

National Company Law Appellate Tribunal has dismissed the plea of beverages giant Pepsico India Holdings seeking release of its machinery from Oceanic Tropical Fruits, which is under the insolvency process. Further the Tribunal observed that Pepsico India Holding cannot derive advantage of its own agreement with Oceanic Tropical Fruits over the Insolvency & Bankruptcy Code, 2016 which has provision of termination in case of bankruptcy or liquidation or similar situation to get the assets back. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - Central Government Notifies New IBC Rules to Cover Financial Service Providers
Mon, 18 Nov 2019 12:38:00 IST

Central Government has put out the Insolvency and Bankruptcy (Insolvency and Liquidation Proceedings of Financial Service Providers and Application to Adjudicating Authority) Rules, 2019 for the resolution of systemically important financial service providers under the bankruptcy law thereby opening the doors for resolution of stressed non-banking finance companies under this framework. (Podcast Available https://goo.gl/jRzvHc)

DIRECT TAXATION - ITAT Delhi Orders Withdrawal of Tax Exemption to Congress-Controlled Young Indian
Mon, 18 Nov 2019 12:37:43 IST

Income Tax Appellate Tribunal, Delhi has ruled that the withdrawal of income tax exemption to Young Indian, an entity controlled by Congress president Sonia Gandhi, her family and others, by the tax department is correct and that it cannot be called a charitable organisation. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - SEBI Lays Down Mechanism to Map UCC with Demat Account
Mon, 18 Nov 2019 12:37:18 IST

Securities and Exchange Board of India has put in place a mechanism for stock exchanges and depositories to map the unique client code (UCC) with the demat account of a client. SEBI has said while issuing a Circular that stock exchanges and depositories shall map the existing UCCs with the demat account of the clients latest by December 31, 2019. (Podcast Available https://goo.gl/jRzvHc)

INTELLECTUAL PROPERTY RIGHTS - GI Tag for Darjeeling Green and White Tea
Mon, 18 Nov 2019 12:36:49 IST

Darjeeling Tea Association said that green and white tea of the hills have been registered as geographical indication products in the country. These two varieties of Darjeeling tea have been registered under Geographical Indications of Goods (Registration and Protection) Act 1999, with effect from October 2019, it said. (Podcast Available https://goo.gl/jRzvHc)

ENVIRONMENT - NGT Requires List of Labs Monitoring Pollution
Mon, 18 Nov 2019 12:36:33 IST

National Green Tribunal has asked the Union Environment Ministry to submit a list of recognized laboratories and analysts that monitor pollution and update it about their functioning. The Tribunal sought the details after a plea alleged that the poor quality data generated by the monitors was compromising people's health. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - Supreme Court Sets Aside NCLAT Order Approving ArcelorMittal's Bid to Acquire Essar Steel
Fri, 15 Nov 2019 15:22:58 IST

Supreme Court has set aside the July 4 order of the National Company Law Appellate Tribunal approving ArcelorMittal's Rs 42,000-crore bid for acquiring debt-laden Essar Steel. The Court quashed the National Company Law Appellate Tribunal order which had given financial creditors equal status with operational creditors in the distribution of ArcelorMittal's bid amount. (Podcast Available https://goo.gl/jRzvHc)

ELECTION - Supreme Court Upholds Ban on Ex-Jharkhand CM Madhu Koda from Contesting Election
Fri, 15 Nov 2019 15:22:41 IST

Supreme Court has upheld the ban on former Jharkhand Chief Minister Madhu Koda from contesting the upcoming assembly election in Jharkhand. However, it issued a notice to the Election Commission while responding to a petition filed by Koda against his disqualification by the apex poll panel in 2017. (Podcast Available https://goo.gl/jRzvHc)

CONTEMPT OF COURT - Supreme Court: Singh Brothers, Ex-Ranbaxy Promoters, Guilty of Contempt
Fri, 15 Nov 2019 15:22:24 IST

Supreme Court has held guilty Ex-Ranbaxy promoters Malvinder Singh and his brother Shivinder of contempt of court in a case filed by Japanese firm Daiichi Sankyo. Further the Court has also held Fortis Healthcare guilty of contempt. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Supreme Court Dismisses Plea Challenging DK Shivakumar's Bail in Money Laundering Case
Fri, 15 Nov 2019 15:22:07 IST

Supreme Court has dismissed the Enforcement Directorate's plea challenging the Delhi High Court order granting bail to Karnataka Congress leader DK Shivakumar in a money laundering case. The Court rejected the request of the Solicitor General appearing for the Enforcement Directorate to issue a notice to the other side on the appeal. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - INX Media Case: Delhi High Court Refuses Bail to P Chidambaram
Fri, 15 Nov 2019 15:21:49 IST

Delhi High Court has denied bail to Congress leader and Former Union Finance Minister P Chidambaram in the INX Media money laundering case. Chidambaram is currently lodged in Delhi's Tihar Jail. (Podcast Available https://goo.gl/jRzvHc)

TENANCY - Supreme Court Quashes DDA's Eviction Proceedings for Fortis' Escort Heart Institute
Fri, 15 Nov 2019 11:55:14 IST

Supreme Court has quashed the proceedings for eviction of Fortis Healthcare Ltd's subsidiary Escort Heart Institute & Research Centre from its premises at Okhla in Delhi, the company said in a filing with exchanges. The case pertained to the 25% quota for economically weaker sections that hospitals have to provide for getting land for the premises. (Podcast Available https://goo.gl/jRzvHc)

FAMILY - Supreme Court Seeks Centre's Response on PIL Challenging Child Custody Laws
Fri, 15 Nov 2019 11:54:58 IST

Supreme Court has asked the Centre to respond to a petition that tests the validity of laws governing child custody and guardianship. The public interest litigation filed by a retired Army officer challenges the Hindu Minority and Guardianship Act, 1956 which favours the father as the natural guardian of a child whose parents have separated or become estranged until s/he reaches the age of majority. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Bombay High Court Denies Interim Protection from Arrest to Gautam Navlakha
Fri, 15 Nov 2019 11:54:42 IST

Bombay High Court has refused to grant immediate protection from arrest to civil rights activist Gautam Navlakha, who has moved the Court seeking anticipatory bail. The Court said it would consider later on the issue of granting interim relief to Mr Navlakha by way of protection from arrest. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Bombay High Court Extends Relief to IL&FS Ex-Auditors
Fri, 15 Nov 2019 11:54:27 IST

Bombay High Court has allowed an interim relief granted to former auditors of IL&FS, Deloitte Haskin & Sells and BSR & Associates, to continue till November 19. Under the interim relief, the firms cannot be prosecuted in the IL&FS proceedings until further orders. (Podcast Available https://goo.gl/jRzvHc)

ENVIRONMENT - Air Pollution: Delhi High Court Pulls Up Delhi Govt, Recommends Clutch of Measures
Fri, 15 Nov 2019 11:54:11 IST

Delhi High Court has pulled up the Delhi Government and other authorities over increasing air pollution levels in the city and suggested a clutch of measures to bring it down. The Court said that the problem lies in the complete lack of will showed by the authorities to implement the ideas to bring down the levels of air pollution. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi HC Directs Central Govt to Share Names of Ex-MPs and MLAs who are Overstaying in Govt Bungalows
Fri, 15 Nov 2019 11:53:53 IST

Delhi High Court has issued notice to the Central Government to file an affidavit within one week stating names and addresses of all the Ex Members of Legislative Assembly and Ex Members of Parliament and other Government officials who have been occupying government bungalows in an unauthorized manner. The Court also asked the Government to mention the amount that needs to be recovered from the officials who have been overstaying in the bungalows in an unauthorized manner. (Podcast Available https://goo.gl/jRzvHc)

SERVICE - Allahabad High Court: No Need to Seek Sanction for Prosecution for Retired Public Servant
Fri, 15 Nov 2019 11:53:36 IST

Allahabad High Court has ruled that no sanction for prosecution under the Prevention of Corruption Act, 1988 is necessary after the retirement of the Public Servant. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - Delhi High Court: Presence of Lawyer Cannot be Allowed to at Time of Questioning by GST Officers
Fri, 15 Nov 2019 11:53:20 IST

Delhi High Court has observed that presence of a lawyer cannot be allowed to at the time of questioning or examination by the Goods and Services Tax officers. The Court also said that it is well-settled law that no inquiry/ investigating officer has a right to use any method which is not approved by law to extract information from a witness/suspect during examination and in case it is so done, no one can be allowed to break the law with impunity and has to face the consequences of his action. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Chandni Chowk Revamp: Delhi High Court Refuses to Grant Relief to Illegal Temple
Fri, 15 Nov 2019 11:53:03 IST

Delhi High Court has ordered removal of an unauthorised temple falling in the middle of the main carriageway in Chandni Chowk, overruling the stand of the Government's 'religious committee'. (Podcast Available https://goo.gl/jRzvHc)

MEDIA AND COMMUNICATION - Delhi Court Restrains Media from Publishing 'Unsubstantiated' Information Against NCP MP Praful Patel
Fri, 15 Nov 2019 11:52:46 IST

Delhi Court has restrained media houses from publishing 'unsubstantiated and uncorroborated' information against former Civil Aviation Minister and Nationalist Congress Party Member of Parliament from Maharashtra, Praful Patel, regarding his alleged involvement in a money laundering case pending investigation. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - GSTR-9, GSTR-9C Gets Simplified Further, Submission Dates Extended
Fri, 15 Nov 2019 11:52:25 IST

Central Government has to extend the due dates of filing of Form GSTR-9 (Annual Return) and Form GSTR-9C (Reconciliation Statement) for Financial Year 2017-18 to December 31, 2019 and for Financial Year 2018-19 to March 31, 2020. It has also decided to simplify these forms by making various fields of these forms as optional. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - NCLAT Sets Aside Dhanuka's Resolution Plan for Debt-Laden Orchid Pharma
Fri, 15 Nov 2019 11:52:08 IST

National Company Law Appellate Tribunal has set aside the approval of the resolution plan of Dhanuka Laboratories for Orchid Pharma.Dhanuka's plan was approved by the National Company Law Tribunal on June 25. The Appellate Tribunal also ordered to remit the matter to NCLT for a decision. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - SEBI Permits Exchanges to Modify Commodity Derivatives Contracts
Fri, 15 Nov 2019 11:51:47 IST

Securities and Exchange Board of India has decided to give more flexibility to exchanges regarding modifying contract specifications for all commodity derivatives contracts. Changes that exchanges can make include margins, launch date, among others. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Foreign Funds Case: Supreme Court Asks Indira Jaising, Anand Grover to Reply
Thu, 14 Nov 2019 15:50:11 IST

Supreme Court has sought response from NGO Lawyers Collective and its founding members Anand Grover and Indira Jaising on a plea by the Central Bureau of Investigation challenging the Bombay High Court order granting protection from coercive action against them in an alleged Foreign Contribution (Regulation) Act, 2010 violation case. Further the Apex Court also refused to stay the Bombay High Court order. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Rafale Verdict: Supreme Court Dismisses all Review Pleas in Fighter Jets Deal Case
Thu, 14 Nov 2019 12:23:36 IST

Supreme Court has dismissed petitions seeking a review of its judgment giving a clean chit to the Central Government in the Rafale fighter jet deal with French firm Dassault Aviation. On May 10, the Apex Court had reserved the decision on the pleas seeking a re-examination of its findings that there was no occasion to doubt the decision-making process in the procurement of 36 Rafale fighter jets. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Refers Sabarimala Case to Larger Bench
Thu, 14 Nov 2019 12:23:21 IST

Supreme Court has referred petitions seeking a review of its decision to allow the entry of women of all age groups in Kerala's Sabarimala Temple to a larger seven-judge bench. The Apex Court observed that the question of whether women of all ages should be allowed into Sabarimala was part of a larger debate that also includes issues like allowing Muslim and Parsi women to enter religious practice. (Podcast Available https://goo.gl/jRzvHc)

CONTEMPT OF COURT - Supreme Court Closes Contempt Proceedings Against Rahul Gandhi
Thu, 14 Nov 2019 12:23:04 IST

Supreme Court has closed the contempt proceedings against Congress leader Rahul Gandhi over his 'chowkidar chor hai' remark in the Rafale Case. The leader has faced contempt charges for wrongly attributing the 'chowkidar chow hai' remark against the Prime Minister. He had later apologised to the Court which the Court accepted as his "unconditional apology" and closed the contempt proceedings against him. (Podcast Available https://goo.gl/jRzvHc)

BANKING - Bombay High Court Clears Way for Lenders to Recover DHFL Payments
Thu, 14 Nov 2019 12:22:47 IST

Bombay High Court has modified its earlier order to allow Dewan Housing Finance Corp. Ltd (DHFL) to pay banks and other financial institutions that bought out the mortgage lender's loans under securitization agreements. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Madras High Court Grants Conditional Bail to Environment Activist Mugilan
Thu, 14 Nov 2019 12:22:31 IST

Madras High Court has granted conditional bail to an environment activist Mugilan in a rape case, directing him to appear before police once in every two days, and dismissed his claim that he was he was abducted as a "cock-and-bull story". (Podcast Available https://goo.gl/jRzvHc)

INTELLECTUAL PROPERTY RIGHTS - Delhi High Court Dismisses Plea to Summon Bihar CM as Witness in Copyright Lawsuit
Thu, 14 Nov 2019 12:22:12 IST

Delhi High Court has dismissed a plea seeking to summon Bihar Chief Minister Nitish Kumar as a witness in a lawsuit on copyright violation filed against him by a JNU scholar-turned-politician. The Court said it is not necessary to summon Kumar, who is a Defendant in the suit, as the reasoning given for calling him as a witness being so-called 'principal actor' and a bona fide act is "not convincing". (Podcast Available https://goo.gl/jRzvHc)

LIMITATION - Rajasthan High Court Sets Period of Limitation for Preferring Appeal from Decision of Family Court
Thu, 14 Nov 2019 12:21:55 IST

Rajasthan High Court has ruled while harmonizing the provisions contained under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu Marriage Act, 1955 that the period of limitation for preferring an appeal from a decision of the Family Court is 90 days. (Podcast Available https://goo.gl/jRzvHc)

EDUCATION - Allahabad HC Directs Inquiry Against University for Granting Admissions to Unauthorized Course
Thu, 14 Nov 2019 12:21:39 IST

Allahabad High Court has directed the Bar Council of India to depute an inspection team and submit a report on the matter regarding grant of admission to an unauthorized course by the Noida International University. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Bombay HC: Compulsory Workshops Must be Conducted to Make Officials Aware of Disabilities Act, 2016
Thu, 14 Nov 2019 12:21:22 IST

Bombay High Court has ruled that the State Government must conduct training programmes and workshops in order to make State Officials aware of the Rights of Persons with Disabilities Act, 2016. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - INX Media Case: Delhi Court Extends Chidambaram's Judicial Custody
Thu, 14 Nov 2019 12:21:05 IST

Delhi Court has extended the judicial custody of former finance minister P Chidambaram till November 27 in the INX Media money laundering case filed by the Enforcement Directorate. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Govt Relaxes Norms for Change of Address on Aadhaar
Thu, 14 Nov 2019 12:20:44 IST

Central Government has allowed the use of current address in place of the one used for completing the KYC of the individual for such facilities. This move will iron out the difficulties in obtaining services like a new bank account for migrant workers. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - SEBI Tightens Disclosure Norms for Municipal Bonds
Thu, 14 Nov 2019 12:20:28 IST

Securities and Exchange Board of India has prescribed wider disclosures and compliances norms by the issuers of listed municipal bonds. SEBI has said in a Circular issued that such listed entities should prepare and submit half yearly unaudited financial results to the stock exchanges within 45 days of the end of the first half of the year, and will submit the annual audited financial results, within sixty days from the end of the financial year along with the audited report. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR Kerala: PVC Tufted Coir Mats and Mattings Taxable at 12%
Thu, 14 Nov 2019 12:20:10 IST

Authority for Advance Ruling Kerala has ruled that PVC tufted coir mats and mattings shall be chargeable to a GST of 12%. The Tribunal ruled that PVC Tufted Coir Mats and Matting shall not be covered by the heading mentioning textile of coir and floor coverings covered under HSN 5702, 5703 and 5705. Further, it was held that if PVC/rubber are stuffed on the textile of coir used as floor mats, it shall fall under the Customs Tariff Head 5703 90 90 and will be taxed at 12%. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - NCLAT Directs SEBI to File Reply on Revised Share Delisting Norms for Cos under Insolvency
Thu, 14 Nov 2019 12:19:52 IST

National Company Law Appellate Tribunal has granted Securities and Exchange Board of India one "last chance" to file its reply on the revised share delisting norms for companies under insolvency. Further the Tribunal has granted one day time to SEBI for filing of affidavit and said that failing which, it will proceed ahead in the matter. (Podcast Available https://goo.gl/jRzvHc)

RIGHT TO INFORMATION - Supreme Court Brings Chief Justice of India's Office under RTI Act
Wed, 13 Nov 2019 15:39:08 IST

Supreme Court has observed that Chief Justice of India's office comes under the Right to Information Act, 2005. The Apex Court had on April 4 reserved its verdict on appeals filed in 2010 by the Supreme Court Secretary General and its Central Public Information Officer against the High Court and the Central Information Commission's orders. The Court further noted that the CJI offices comes within public authority and that Right to Information and Right to Privacy were two sides of same coin. (Podcast Available https://goo.gl/jRzvHc)

CONSTITUTION - Supreme Court Strikes Down Rules in Amended Finance Act 2017 on Tribunals
Wed, 13 Nov 2019 15:38:52 IST

Supreme Court has struck down rules in the amended Finance Act, 2017 on Tribunals and has directed the Government to reformulate fresh norms with respect to the appointment of Tribunal members. The Court directed the Ministry of Law to conduct an impact study and submit report to the Apex Court. Further the Court directed that appointment in Tribunals should be in accordance with respective statutes. (Podcast Available https://goo.gl/jRzvHc)

FAMILY - Supreme Court Seeks Centre's Response on Plea of AIMPLB Challenging Triple Talaq Act
Wed, 13 Nov 2019 15:38:36 IST

Supreme Court has sought response from the Centre on a plea of the All India Muslim Personal Law Board (AIMPLB) challenging the law which criminalises instant triple talaq.The Court issued notice and tagged the plea of AIMPLB with other pending matters challenging the Muslim Women (Protection of Rights on Marriage) Act, 2019 which makes talaq-e-biddat or any other similar form of talaq having effect of instantaneous and irrevocable divorce pronounced by a Muslim husband void and illegal. (Podcast Available https://goo.gl/jRzvHc)

ENVIRONMENT - SC Directs Centre to Explore Feasibility of Hydrogen-Based Japanese Technology to Fight Air Pollution
Wed, 13 Nov 2019 15:38:20 IST

Supreme Court has directed the Centre to explore the feasibility of a hydrogen-based Japanese technology as a permanent solution to the air pollution in the National Capital Region and other parts of north India. The Court directed the Centre to expedite the deliberations on the issue and come before the court with its findings on December 3,2019. (Podcast Available https://goo.gl/jRzvHc)

ELECTION - Supreme Court Upholds Disqualification of 17 Karnataka MLA's
Wed, 13 Nov 2019 10:57:10 IST

Supreme Court has upheld the Karnataka Speaker's decision to disqualify 17 Members of Legislative Assembly from the 16th Legislative Assembly. However, the Court has struck down the provision fixing a time period for which they will remain disqualified. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - SC:Proceedings U/S 218 IPC Cannot be Initiated Because Prosecution Failed to Establish its Case
Wed, 13 Nov 2019 10:56:54 IST

Supreme Court has observed that merely because the acquittal of the Accused was premised on the assessment that the prosecution had failed to establish its case it does not compulsorily mean that the investigator and the concerned witnesses ought to be proceeded against for the offence under Section 218 of the Indian Penal Code, 1860. (Podcast Available https://goo.gl/jRzvHc)

LABOUR AND INDUSTRIAL - Hyderabad High Court Directs Setting Up 3-Member Judicial Committee to Resolve TSRTC Strike
Wed, 13 Nov 2019 10:56:38 IST

Hyderabad High Court has ordered setting up a committee of three retired judges of the Supreme Court to sort out the issue of the Telangana State Road Transport Corporation strike. The Court further noted that it cannot term the strike as illegal, as sought by the Government. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - Delhi HC Directs GST Dept to Open Online Portal to File Form TRAN-1 or to Accept Manually
Wed, 13 Nov 2019 10:56:21 IST

Delhi High Court has directed Goods and Services Tax Department to either open the online portal so as to enable the Petitioner to file the Form TRAN-1 electronically or to accept the same manually on or before 20.11.2019. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - GST Evasion: Rajasthan High Court Grants Bail to Accused on Alleged ITC Fraud
Wed, 13 Nov 2019 10:56:05 IST

Rajasthan High Court has granted bail to Accused on alleged Input Tax Credit worth Rs. 7.12 Crore. While allowing the bail application the Court observed that the total amount which as per Department is wrongly claimed after deposit of Rs.3.33 Crores is less than Rs.5 Crore. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Allahabad HC Stays Revenue Recovery Against NBFC and its Director for their Borrower's Liability
Wed, 13 Nov 2019 10:55:49 IST

Allahabad High Court has stayed the recovery proceedings started by the Ghaziabad Development Authority and District Magistrate, Ghaziabad against the Petitioner namely Rakesh Jain and asked them to file their responses in the matter. The Court reaffirmed that a company has a separate legal entity from its owners. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR Kerala: Resale of Food Items and Sale of Bakery Products not Restaurant Services
Wed, 13 Nov 2019 10:55:30 IST

Authority of Advance Rulings, Kerala has while prescribing the rates applicable on different items on bakery products ruled that resale of food and bakery products are not restaurant services. AAR has differentiated between the services provided by a restaurant and a bakery wherein, in the latter, ready to eat items are sold. (Podcast Available https://goo.gl/jRzvHc)

GOODS AND SERVICES TAX - AAR West Bengal:No GST Registration Required for Co-Owner in AoP until Turnover has Reached Threshold
Wed, 13 Nov 2019 10:55:12 IST

Authority of Advance Ruling, West Bengal has ruled that GST Registration is not needed for Co-Owner in Association of Persons until the turnover reached the Threshold limit under the Central Goods and Services Tax Act, 2017. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Elgaar Parishad Case: Pune Court Dismisses Gautam Navlakha's Anticipatory Bail Plea
Wed, 13 Nov 2019 10:54:52 IST

Sessions Court, Pune has dismissed the anticipatory bail plea of activist Gautam Navlakha in the Elgar Parishad-Maoist links case. The Court also declined to extend the protection from arrest given to him by the Supreme Court. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Kerala High Court Directs Police to Conduct Probe into Killing of Two Suspected Maoists
Tue, 12 Nov 2019 15:18:07 IST

Kerala High Court has directed the police to conduct a probe into the circumstances leading to the killing of two suspected Maoists in an alleged encounter in Agali forests of Palakkad district last month. The Court also gave a direction to ascertain whether the officers who took part in the alleged encounter had committed any offence. (Podcast Available https://goo.gl/jRzvHc)

CONSUMER - SC: Govt Servant Cannot Complain About Service Conditions or Retiral Benefits Before Consumer Forums
Tue, 12 Nov 2019 10:18:33 IST

Supreme Court has clarified that a government servant is not a consumer for the purpose of Consumer Protection Act, 1986 and cannot raise any dispute regarding his service conditions or for payment of gratuity or Government Provident Fund or any of his retiral benefits before any of the forum under the Act. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Delhi High Court: Parity in Fees of Private Nursing Homes and Hospitals not Possible
Tue, 12 Nov 2019 10:18:18 IST

Delhi High Court has ruled that there can be no uniformity in rates charged by private nursing homes and hospitals as the amount would depend upon the nature and type of disease as well as the quality of treatment provided. The Court further said that charges levied by a private nursing home or hospital would also depend upon the facilities available with them. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Madras High Court Grants Conditional Bail for Suspects in Techie Subhasri's Death
Tue, 12 Nov 2019 10:18:02 IST

Madras High Court has granted conditional bail to former AIADMK Councillor C Jayagopal and his relative, the suspects in the 23-year old techie Subhasree's death, which occurred due to an illegal banner (that was erected on the median of an arterial road, for a wedding in Jayagopal's house) which fell on her, following which she was run over by a lorry. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Bombay High Court Rejects Plea Seeking FIR Against Kumar Mangalam Birla
Tue, 12 Nov 2019 10:17:46 IST

Bombay High Court has rejected a criminal application filed by one Pratap Teli seeking registration of First Information Report against Kumar Mangalam Birla and others for allegedly violating the Environmental Protection Act, 1986 by starting construction of a building in Worli without obtaining environmental clearance. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - BHC: Divisional Commissioner does not have Jurisdiction to Set Aside Appointment of Anganwadi Sevika
Tue, 12 Nov 2019 10:17:30 IST

Bombay High Court (BHC) has ruled that Divisional Commissioner does not have jurisdiction under Section 267A of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 to set aside appointment of Anganwadi Sevika/Madatnis made pursuant to recommendation of the Selection Committee constituted under the Integrated Child Development Scheme. (Podcast Available https://goo.gl/jRzvHc)

BANKING - RBI Withdraws Few Exemptions Granted to HFIs
Tue, 12 Nov 2019 10:17:15 IST

Reserve Bank of India has withdrawn some exemptions granted to mortgage finance companies in terms of complying with regulations such as provisions and creation of reserve fund that would put them on par with other non-banking finance companies. This has followed the shift of regulation of housing finance companies to the Mint Street from the National Housing Bank. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - SEBI Disposes of Case Against ABG Shipyard
Tue, 12 Nov 2019 10:16:59 IST

Securities and Exchange Board of India has disposed of adjudicating proceedings initiated against ABG Shipyard, for allegedly not making requisite disclosure under the Listing norms, as the company is under liquidation. ABG Shipyard is undergoing insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 as per the National Company Law Tribunal orders. (Podcast Available https://goo.gl/jRzvHc)

PROPERTY - Ayodhya Case:Supreme Court Rules in Favour of Ram Temple in Ayodhya,Orders Alternate Land for Muslims
Mon, 11 Nov 2019 12:35:19 IST

Supreme Court has ruled in favour of the Hindus in the over 70-year-old Ram Janmabhoomi-Babari Masjid title dispute case ordering the allocation of the contested site to them for the construction of a temple. However the Court also ordered that 5 acres of alternate land should be provided to the Sunni Waqf Board at a prominent place in Ayodhya. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Apex Court Stays Execution of Death Row Convict Guilty of Raping, Killing College Girl and Her Lover
Mon, 11 Nov 2019 12:35:02 IST

Apex Court has stayed the execution of a death row convict who has been held guilty by the lower court and the Madras High Court for brutally killing a college girl and her lover after raping her near Suruli hills in Theni district of Tamil Nadu in 2011. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Permits 7 More Girls of Muzaffarpur Shelter Home to be Restored with their Families
Mon, 11 Nov 2019 12:34:46 IST

Supreme Court has allowed seven more girls, who were at the Muzaffarpur shelter home where allegations of rampant sexual assault surfaced last year, to reunite with their families. The Apex Court had earlier allowed eight girls, out of 44 in all, to be reunited with their families but only six of them have been able to do so. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Supreme Court Permits Action Against 3 Bihar Judges for their 2013 Nepal 'Sexcapades'
Mon, 11 Nov 2019 12:34:29 IST

Supreme Court has permitted the Bihar Government to take decision on dismissal of three lower court judges who were allegedly caught in compromising position with women in a guest house in Nepal in 2013 and vacated its stay on proceedings against them. (Podcast Available https://goo.gl/jRzvHc)

EDUCATION - Supreme Court: AICTE not Authorized to Regulate Degrees/Diploma in Architecture Education
Mon, 11 Nov 2019 12:34:13 IST

Supreme Court has ruled that so far as recognition of degrees and diplomas of architecture education is concerned, the Architects Act, 1972 shall prevail. The Court noted that norms and regulations set by Council of Architecture and other specified authorities under the Act would have to be followed by an institution imparting education for degrees and diplomas in architecture. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - SC Quashes NCLAT Order which held that Dissenting Financial Creditor should not be Discriminated
Mon, 11 Nov 2019 12:33:58 IST

Supreme Court has quashed an order passed by the National Company Law Appellate Tribunal which ruled that a dissenting financial creditor cannot be discriminated. The Court observed while setting the order that the NCLAT could not have applied the amended Regulation 38 of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 which began in January, 2017. (Podcast Available https://goo.gl/jRzvHc)

SERVICE - Supreme Court: High Court have Power to Dispense with Disciplinary Proceedings by Recording Reasons
Mon, 11 Nov 2019 12:33:44 IST

Supreme Court has noted that the High Courts have power to dispense with the disciplinary proceedings by invoking clause (b) of the second proviso to Article 311(2) of the Constitution of India by recording reasons. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - SC: Interim Mandatory Injunctions can be Granted after Giving Opportunity of Hearing to Other Side
Mon, 11 Nov 2019 12:33:29 IST

Supreme Court has observed that the Civil Courts while granting the application seeking interim mandatory injunction in long pending cases should grant opportunity of hearing to the opposite side. The Court further noted that such an order of the High Court has left all the interlocutory applications lifeless though the applications are technically pending. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Telangana High Court Stays State Government's Decision to Privatise RTC Routes
Mon, 11 Nov 2019 12:33:11 IST

Telangana High Court has stayed the decision of the State Government to privatize 5,100 bus routes in the State. The Court had announced the privatisation of bus routes amid the State Road Transport Corporation employees' indefinite strike which has been going on for over a month now. (Podcast Available https://goo.gl/jRzvHc)

SERVICE - Bombay High Court Grants Interim Stay on State Government's Removal of 2,000 Staff Over Maratha Quota
Mon, 11 Nov 2019 12:32:55 IST

Bombay High Court has granted interim stay on a State Government resolution terminating services of over 2,000 persons employed in government jobs under the open category so as to fill the same with persons from the Maratha community. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Madras High Court Issues Notice to Petroleum Ministry in Hydrocarbon Exploration Project
Mon, 11 Nov 2019 12:32:33 IST

Madras High Court has ordered notice to the Petroleum and Natural Gas Ministry and the Director General of Hydrocarbons, Noida, returnable by January 7 on a plea seeking to forebear authorities from implementing Hydrocarbon exploration and methane production project in the Cauvery Delta Area and Cauvery river basin in Tamil Nadu. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - Kerala HC: Section 23 Attracted if there was no Requirement of Providing Maintenance in Transfer Deed
Mon, 11 Nov 2019 12:32:17 IST

Kerala High Court has observed that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can be invoked even if there was no condition of providing maintenance in the transfer deeds. The Court further noted that any emotional detachment or creation of an atmosphere as opposed to the one demanded by a senior citizen would be enough to attract Section 23. (Podcast Available https://goo.gl/jRzvHc)

CRIMINAL - Allahabad HC: Continuation of Criminal Proceedings after Compromise would Cause Oppression to Parties
Mon, 11 Nov 2019 12:32:01 IST

Allahabad High Court has reiterated that once the parties had decided to enter into a compromise it would be oppressive and prejudicial to continue the proceedings. (Podcast Available https://goo.gl/jRzvHc)

CAPITAL MARKET - SAT Removes SEBI Ban on Ex-Gammon Head
Mon, 11 Nov 2019 12:31:44 IST

Securities Appellate Tribunal has overturned a Securities and Exchange Board of India order banning former Gammon India chairman Abhijit Rajan from trading in shares for alleged insider trading. SEBI had found Rajan to have been guilty of trading in shares on the basis of unpublished price-sensitive information six years ago. (Podcast Available https://goo.gl/jRzvHc)

BANKING - RBI Increases Cap on Borrowing from MFIs to Rs 1.25 Lakh in Rural Areas
Mon, 11 Nov 2019 12:31:29 IST

Reserve Bank of India has raised the household income limits for borrowers of Non-Banking Financial Companies-Micro Finance Institutions from Rs 1 lakh to Rs 1.25 lakh for the rural areas with an aim to strengthen credit to those in the bottom of the economic pyramid. Similarly, the limit has been raised from Rs 1.6 lakh for urban or semi-urban areas to Rs 2 lakh. (Podcast Available https://goo.gl/jRzvHc)

CIVIL - US Court Refuses to Strike Down Work Permits for Spouses of H1B Visa Workers
Mon, 11 Nov 2019 12:31:11 IST

United States Court has refused to strike down, for the time being, an Obama-era rule that permitted spouses of H-1B visa holders to work in America. The H-1B visa is a non-immigrant visa that allows the US companies to employ foreign workers in specialty occupations. (Podcast Available https://goo.gl/jRzvHc)

ENVIRONMENT - NGT: Industrial Development Cannot be Done on Graves of Human Beings
Mon, 11 Nov 2019 12:30:54 IST

National Green Tribunal has observed that industrial development cannot be done on the graves of human beings and should not be done at the cost of "air and water quality while directing the Haryana Government to shorten the period of inspection of polluting factories. The Tribunal said that there is need for reduction in period of inspections and increase in frequency with regard to "highly polluting" industries. (Podcast Available https://goo.gl/jRzvHc)

INSOLVENCY - NCLT Directs to Start Insolvency Proceedings Against AVP Buildtech
Mon, 11 Nov 2019 12:30:37 IST

National Company Law Tribunal has directed to initiate insolvency proceedings against Delhi-based real estate firm AVP Buildtech Ltd by admitting a plea of a flat buyer claiming refund. The Tribunal has appointed an Interim Resolution Professional to run the affairs of the company and also declared moratorium, prohibiting the lenders from recovering any amount during this period. (Podcast Available https://goo.gl/jRzvHc)

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