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Search results for proviso

S.12(5) Of A&C Act Provides For Agreement In Writing, Novation Can't Be Allowed Only Because Of Appointment Of Arbitrator At First Instance: Patna HC
13 hours, 31 minutes ago

S.12(5) Of A&C Act Provides For Agreement In Writing, Novation Can't Be Allowed Only Because Of Appointment Of Arbitrator At First Instance: Patna HC

Live Law  

The Patna High Court Bench of Chief Justice K. Vinod Chandran has held that the proviso to Section 12 specifically provided for a waiver by an express agreement in writing. When the statute provides for an express agreement in writing there can be no novation of the agreement found, by reason only of the appointment of an Arbitrator at the …

Writing Court Agreement Act Appointment Arbitrator First Instance
SC's Judgement In Abhisar Buildwell Case Doesn't Permit Reopening Of Assessments Beyond Limitation Period U/S 149(1) Of IT Act: Delhi HC
6 days, 21 hours ago

SC's Judgement In Abhisar Buildwell Case Doesn't Permit Reopening Of Assessments Beyond Limitation Period U/S 149(1) Of IT Act: Delhi HC

Live Law  

The Delhi High Court has reiterated that the Supreme Court's judgment in Abhisar Buildwell does not permit reopening of assessments under Section 147/148 of the Income Tax Act, 1961 beyond the period stipulated under Section 149. It relied on Principal Commissioner of Income Tax, Central-3 v. Abhisar Buildwell Private Limited to contend that in cases where the proceedings under Section …

Delhi Tax Court Reassessment Assessment Income Tax Income
Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court
2 weeks, 6 days ago

Jharkhand Building Control Act | Family Member Residing With And Dependent On Deceased Tenant Qualifies As Legal Heir: High Court

Live Law  

The Jharkhand High Court has held that a family member who resided with and was dependent on a deceased tenant qualifies as a legal heir under the proviso to Section 5 of the Jharkhand Building Act, 2011. and the proviso of Section 5 of the Jharkhand Building Act, 2011 the petitioner who has averred himself to be the nephew of …

High Court Trial Court Tenant Act Her Husband Plaintiff
Can ED Attach Property Without FIR For Predicate Offence? Supreme Court To Examine In TN Sand Mining Case
3 weeks ago

Can ED Attach Property Without FIR For Predicate Offence? Supreme Court To Examine In TN Sand Mining Case

Live Law  

The Supreme Court is set to examine the issue of whether the Enforcement Directorate can attach a property in the absence of any FIR in relation to the scheduled offence with which the property is allegedly related. The first proviso states that "no such order of attachment shall be made unless, in relation to the scheduled offence, a report has …

Crime Property Court Mining High Fir Cji
[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court
3 weeks, 3 days ago

[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court

Live Law  

The Kerala High Court held the criteria for the Magistrate to direct any person to give voice sample under Section 349 of BNSS is the satisfaction of the Magistrate that such sample is required for the purpose of investigation. “Under Section 349, the criteria is the satisfaction of the Magistrate that it is expedient to direct any person to provide …

High Court Investigation Purpose Voice Accused Held Fir
Varanasi Court Rejects Plea Seeking FIR Against Rahul Gandhi Over His Remarks On Sikhs During US Trip
3 weeks, 4 days ago

Varanasi Court Rejects Plea Seeking FIR Against Rahul Gandhi Over His Remarks On Sikhs During US Trip

Live Law  

A Court in Uttar Pradesh's Varanasi district has REJECTED the application filed under Section 173 Bharatiya Nagarik Suraksha Sanhita seeking registration of an FIR against Congress leader and LoP in LokSabha Rahul Gandhi over his alleged remarks on Sikhs during his recent US trip. The plea filed by one Nageshwar Mishra claimed that Gandhi had made the objectionable statement during …

India Delhi Court Gandhi Varanasi Fir Rahul Gandhi
No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court
3 weeks, 5 days ago

No Bail U/S 479(1) BNSS On Completing Half Or 1/3rd Sentence If Accused Booked In Multiple Cases: Karnataka High Court

Live Law  

The Karnataka High Court has rejected the bail plea of 73-year-old K Ramakrishna, former Chairman of Guru Raghavendra Sahakara Bank Niyamitha and Sri Guru Sarvabhauma Souhanda Credit Co-operative Ltd, booked under Prevention of Money Laundering Act, for allegedly de-frauding the bank to the tune of Rs.1,553 Crores by creating fictitious documents and granting loan in favour of fictitious persons. The …

Trial Court Bail Cases Trial Court Bank Case
Section 303(2) BNS | FIR Can Be Registered Only After Getting Appropriate Order From Magistrate: Madras High Court
3 weeks, 6 days ago

Section 303(2) BNS | FIR Can Be Registered Only After Getting Appropriate Order From Magistrate: Madras High Court

Live Law  

The Madras High Court recently observed that the offence under Section 303 of the Bharatiya Nyaya Sanhita is a non-cognizable and bailable offence and an FIR could be filed for these offence only after getting appropriate orders from the Magistrate. However, this Court by exercising its jurisdiction under Section 482 of Cr.P.C is inclined to interfere with the FIR, since …

Court Fir Offence Magistrate Bns Stolen Property Section 303
Delhi HC To Examine Retrospective Applicability Of S.223 BNSS On Opportunity Of Hearing To Accused In ED's Complaint Filed Post-Enactment
4 weeks ago

Delhi HC To Examine Retrospective Applicability Of S.223 BNSS On Opportunity Of Hearing To Accused In ED's Complaint Filed Post-Enactment

Live Law  

The Delhi High Court will hear a plea on the issue of retrospective application of Section 223 of the BNSS 2023 in a case where the Enforcement Directorate registered the Enforcement Case Information Report prior to the law's enactment but the Prosecution Complaint was filed and trial court took cognizance on it after the law came into force. The plea …

Court This Court Bnss 223 Section 223
Letters to the Editor: If ‘corporations are people,’ does criminally charged Phillips 66 face jail time?
1 month ago

Letters to the Editor: If ‘corporations are people,’ does criminally charged Phillips 66 face jail time?

LA Times  

To the editor: “We’re sending a message.” “No one is above the law.” Right. Reading these quotes about the felony criminal charges against Phillips 66, we all remember Mitt Romney lecturing to us unwashed ignoramuses that “corporations are people.” Here’s my prediction: Phillips 66 will be convicted of some combination of misdemeanors and felonies. To the editor: So, with the …

Phillips Phillips 66
Plea Of 'No Fault' Or 'Negligence Of Victim' Not Available To Railway Administration: Punjab & Haryana High Court
1 month ago

Plea Of 'No Fault' Or 'Negligence Of Victim' Not Available To Railway Administration: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court awarded a compensation of Rs.4 lakh along with interest @ 9% per annum to a passenger who received injuries due to sudden jolt of a train in 2013, observing that the liability of the "Railway Administration is based on the 'principle of strict liability'. The Punjab & Haryana High Court awarded a compensation of …

Supreme Court High Court Railways Court Railway Liability Train
Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court
1 month, 1 week ago

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12 of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. Brief Facts The …

Arbitration Railways Court Party Waiver Act Letter
Cross-Examination Requests In Show Cause Proceedings Cannot Be Allowed Without A Reply From Noticee: Madras High Court
1 month, 1 week ago

Cross-Examination Requests In Show Cause Proceedings Cannot Be Allowed Without A Reply From Noticee: Madras High Court

Live Law  

The Madras High Court stated that a request for cross-examination of a witness in a Show Cause proceeding cannot be allowed if no reply on merits has been provided by the noticee. The Division Bench of Justices R. Suresh Kumar and C. Saravanan observed that “………the question of entertaining an application for cross-examination of the witnesses without any reply on …

Chennai Customs Show Cause Cause Period Act Bench
Directors Of Financial Creditors Not Disqualified From Filing Plea U/S 7 Of IBC Due To Sister Company's Default U/S 248 Of Companies Act: NCLAT
1 month, 1 week ago

Directors Of Financial Creditors Not Disqualified From Filing Plea U/S 7 Of IBC Due To Sister Company's Default U/S 248 Of Companies Act: NCLAT

Live Law  

The NLCAT New Delhi bench of Justice Ashok Bhushan and Barun Mitra held that directors of the financial creditors are not disqualified from filing a petition under section 7 of the IBC merely on the ground that sister company of the financial creditors in which they were holding the same position, defaulted under section 248 of the Companies Act in …

Financial Director Disqualification Companies Act Companies Application Sachdeva
Entry Made In Dispatch Register Is Not Primary Evidence To Prove Service Of Notice On Assessee: Orissa High Court
1 month, 1 week ago

Entry Made In Dispatch Register Is Not Primary Evidence To Prove Service Of Notice On Assessee: Orissa High Court

Live Law  

The Orissa High Court has made it clear that an entry in the dispatch register maintained by the Revenue is not primary evidence to show service of notice on an assessee. At the outset, the High Court division bench of Justices Arindam Sinha and MS Sahoo observed, “Entry made in the system is not primary evidence. In light of the …

India High Court Court Petitioner Primary Evidence Dispatch Register
Analysing Jurisprudence On Extension Of Arbitrator's Mandate After Expiry Of Period U/S 29A Of A&C Act Before & After SC's Decision In Rohan Builders
1 month, 1 week ago

Analysing Jurisprudence On Extension Of Arbitrator's Mandate After Expiry Of Period U/S 29A Of A&C Act Before & After SC's Decision In Rohan Builders

Live Law  

Introduction Section 29A was introduced into the Arbitration Act in 2015 to provide a clear-cut timeline within which an arbitral tribunal has to render an award. In the case of South Bihar Power Distribution Company Limited v. Bhagalpur Electricity Distribution Company Private Limited a Private Limited Company registered under the Companies Act, 1956, the Division Bench of the Patna High …

India Court Tribunal Period Mandate Act Filed
Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court
1 month, 2 weeks ago

Election Tribunal's Discretion Under Rajasthan Panchayati Raj Rules To Appoint Commissioner For Recording Evidence Is Enabling: High Court

Live Law  

The Jodhpur bench of the Rajasthan High Court ruled that Rule 85 of the Rajasthan Panchayati Raj Rules, did not prohibit the Election Tribunal from appointing a Court Commissioner for examining a witness because the discretion provided in proviso to the Rule made the provision enabling and not prohibitory. A single judge bench of Justice Kuldeep Mathur in its order …

High Court Court Witness Election Rules Tribunal Cpc
Readers name their priorities for Rachel Reeves’ looming Labour budget
2 months ago

Readers name their priorities for Rachel Reeves’ looming Labour budget

The Independent  

Sign up for the View from Westminster email for expert analysis straight to your inbox Get our free View from Westminster email Please enter a valid email address Please enter a valid email address SIGN UP I would like to be emailed about offers, events and updates from The Independent. Foxicus ‘Wealth tax’ Reeves should equalise capital gains tax and …

Labour British Income Capital Gains Way Email Nhs
Jurisdiction To Decide Guardianship Of Hindu Child Below 5 Yrs Lies Where Child Actually Resides, Not Where Mother Resides: Punjab & Haryana HC
3 months, 2 weeks ago

Jurisdiction To Decide Guardianship Of Hindu Child Below 5 Yrs Lies Where Child Actually Resides, Not Where Mother Resides: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that application seeking guardianship of a minor, particularly one aged below 5 years of age, will lie to the district where the child actually and physically resides.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said merely because as per Section 6 of the Hindu Minority and Guardianship Act, 1956 …

Jurisdiction Court Child Guardianship Mother Hindu Punjab
Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024
4 months ago

Supreme Court Allows Benefit Of Section 479 BNSS To Undertrials In Cases Registered Before July 1, 2024

Live Law  

In a significant development, the Supreme Court today held that Section 479 of Bharatiya Nagarik Suraksha Sanhita - the replacement of the Code of Criminal Procedure- would apply retrospectively to the undertrials across the country. It means that the provision will apply to all undertrials in cases was registered before July 1, 2024.As per Section 479 BNSS,. As per Section …

Supreme Court Court Period Provision Bnss Section 479 Undertrials
Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court
4 months ago

Court Must Scrutinize "Due Diligence" Undertaken By Parties Before Allowing Amendment Applications After Conclusion Of Trial: J&K High Court

Live Law  

The High Court of Jammu & Kashmir and Ladakh at Srinagar has underscored the importance of "due diligence" in determining the admissibility of amendment applications filed after the commencement of a trial. Expounding on the term “Due Diligence” used in Order VI Rule 17 CPC which deals with the amendment of pleadings the court observed, “. The Court interpreted "due …

Trial Court Case Amendment Petitioners Due Diligence Diligence
One Of The Absurdities Pointed Out In Section 187 (2) Of BNSS Continues To Pose A Threat To The Liberty Of An Accused Person
4 months, 2 weeks ago

One Of The Absurdities Pointed Out In Section 187 (2) Of BNSS Continues To Pose A Threat To The Liberty Of An Accused Person

Live Law  

Section 187 and of Bharatiya Nagarik Suraksha Sanhita, 2023 read as follows:- 187: Procedure when investigation cannot be completed in twenty-four hours.-- “ Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation …

Police Custody Custody Case Accused Period Person Bnss
"Illegally Denied" Sports Quota Admission In 2022-23, Karnataka High Court Directs Authorities To Admit Medical Student This Year
4 months, 3 weeks ago

"Illegally Denied" Sports Quota Admission In 2022-23, Karnataka High Court Directs Authorities To Admit Medical Student This Year

Live Law  

The Karnataka High Court has come to the aid of a student who was illegally denied admission to MBBS course in the academic year 2022-23, against sports quota. A division bench of Chief Justice N V Anjaria and Justice K V Aravind allowed the petition filed by Siri Srikanth and said “The respondent authorities are directed to admit the petitioner …

Karnataka Admission Candidates Mbbs Neet Petitioner Quota
Bombay HC Clamps Down On Horse-Trading Tactics In Municipal Elections, Post-Poll Alliances By Independent Candidates To Be Considered Pre-Poll Alliances
5 months ago

Bombay HC Clamps Down On Horse-Trading Tactics In Municipal Elections, Post-Poll Alliances By Independent Candidates To Be Considered Pre-Poll Alliances

Live Law  

In a move that can halt 'horse-trading' tactics resorted to by independent candidates in the Municipal Councils, a five-judge bench of the Bombay High Court held that the post-poll alliances formed by independent candidates after the elections, will be considered as pre-poll alliance and the provisions of the Maharashtra Local Authority Members' Disqualification Act, 1986. In a move that can …

Independent Council Committee Alliance Bench Municipal Bombay