Legal Update as on 06.01.2023

legal-updates
  1. GAUHATI HC TO STATE: COMPENSATE PERSONS IMPACTED BY UNLAWFUL BULLDOZER ACTION – In suo moto proceedings, the Gauhati High Court ordered the Assam government to make the proper arrangements for compensating those who were harmed by the unlawful conduct of the police officials.
    IN RE STATE OF ASSAM AND OTHERS, PIL (SUO MOTO)/3/2022
  1. HC: PROJECTS GRANTED PARTIAL OC PRIOR TO ENFORCEMENT OF THE ACT ARE NOT UNDER THE AUTHORITY OF RERA. – The Karnataka High Court ruled that the RERA Authority’s decision to dismiss the case was unlawful since the project lost its status as an ongoing project as a result of the issuing of the occupancy certificate (OC) before the Act was put into effect.
    M/S. PROVIDENT HOUSING LIMITED V. KARNATAKA REAL ESTATE REGULATORY AUTHORITY & ANR.
  1. HC TO STATE: DON’T IMPACT AN EMPLOYEE’S SALARY BECAUSE THEY DID NOT CHOOSE THE NATIONAL PENSION SYSTEM – The State government has been ordered by the Allahabad High Court not to discontinue paying its employees’ salaries just because they have not chosen the National Pension System up till further instructions.
    YOGENDRA KUMAR SAGAR AND OTHERS VS. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF BASIC EDU. LKO. AND OTHERS
  1. ALCOHOL IN A MEDICAL REPORT AS EVIDENCE OF INEBRIATION, BOMBAY HC – The Bombay High Court concluded that an accident while boarding a train in such a state would exclude a person from getting compensation under the Railways Act, 1989, while noting that alcohol in a medical report constituted proof of intoxication.
    SHOBHA W/O DEEPAK THAKRE AND ORS. V. UNION OF INDIA
  1. SC – NCLT IS NOT PERMITTED TO USE PARALLEL JURISDICTION WITH SEBI TO RESOLVE SEBI REGULATION VIOLATIONS – In order to handle violations of the Regulations created under the SEBI Act, the Supreme Court has ruled that the National Company Law Tribunal (NCLT) cannot exercise a parallel jurisdiction with the Securities and Exchange Board of India (SEBI).
    IFB Agro Industries Ltd. vs SICGIL India Ltd.
  1. SC – REJECTS THE PLEA AGAINST EVERYONE. MOHAMMAD ALI JAUHAR TRUST FIRS RELATING HC ORDER REFUSING TO QUASH – Azam Khan is the office-bearer of Rampur’s Maulana Mohammad Ali Jauhar Trust, which filed a petition asking the Supreme Court to dismiss criminal cases filed for allegedly stealing land to expand the University’s campus. The Supreme Court declined to take up the petition.
    ZAKI UR RAHMAN SIDDIQUI V. STATE OF U.P. & ANR.
  1. MP HC – Pre-arrest bail is granted by the MP HC to the vendor accused of selling adulterated paneer. – When granting anticipatory relief to a seller accused of selling tainted paneer, the Madhya Pradesh High Court noted that there was no evidence to imply that clients had bought the item under the pretence that it was pure but afterwards discovered it to be adulterated.
    BEERBAL DHAKAD VERSUS THE STATE OF MADHYA PRADESH
  1. KARNATAKA HC – GENDER-NEUTRAL NOMENCLATURE BE USED FOR THE TERM “EX-SERVICEMEN” – The Union and State Governments have been advised by the Karnataka High Court to change the terminology used to describe retired military people and start using the phrase “ex-service personnel” instead of “ex-servicemen” when formulating policies.
    PRIYANKA R. PATIL V. KENDRIYA SAINIK BOARD AND OTHERS
  1. SC – NBFC & LEASING CO. IS NOT RESPONSIBLE FOR PAYING INTEREST TAX ON INSTALLMENTS UNDER HIRE PURCHASE AGREEMENT – According to the Supreme Court, leasing and non-banking financing firms (NBFCs) are not required to pay tax on the interest component of the hire-purchase payment that is paid in accordance with the hire purchase agreement.
    M/S. MUTHOOT LEASING AND FINANCE LIMITED AND ANOTHER vs. COMMISSIONER OF INCOME TAX CIVIL APPEAL NOS. 10201-10202 OF 2010

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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Legal Updates