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Allahabad HC: Appellate Court Shouldn't Give Fresh Reasoning If Reasoning of Lower Court is Just - 05.08.2022
Allahabad High Court has held that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasoning when the reasons assigned by the Court below are found to be just and proper.
Tags : Allahabad High Court Fresh Reasoning Lower Court
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SC: All Adverse Evidences Should Be Put As Questions While Examining Accused U/S 313 CrPC - 05.08.2022
Supreme Court has held that while examining an accused under Section 313 Code of Criminal Procedure (CrPC), all the adverse evidences has to put in the form of questions so as to give an opportunity to the accused to articulate his defence and give his explanation.
Tags : Supreme Court CrPC Adverse Evidence
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SC: Defence Forces Meant to Protect Country And Not Conduct Lawlessness - 05.08.2022
Supreme Court while condemning army officials for encroaching upon civilian's property near Army Quarters and razing down its boundary, in violation of injunction orders of civil court, has held that defence forces are meant to protect country and not to attack individuals or conduct lawlessness.
Tags : Supreme Court Army Officials Encroaching Property
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Del. HC Restrains Websites from Offering Digital Currencies Under Microblogging Platform's Trademark - 05.08.2022
Delhi High Court while restraining 3 websites and applications from offering digital coins and currencies consisting of the trademark owned by micro-blogging site 'Koo', has held that customers were mislead in believing that there exists a genuine crypto-currency associated with the platform.
Tags : Delhi High Court Trademark Koo Crypto-Currency
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SC: Mere Use of Words ‘Arbitration’ or ‘Arbitrator’ in Clause Won't Make it Arbitration Agreement - 04.08.2022
Supreme Court has held that mere use of the word "arbitration" or "arbitrator" in a clause will not make it an arbitration agreement, if it requires or contemplates a further or fresh consent of the parties for reference to arbitration.
Tags : Supreme Court Arbitration Clause Consent of Parties
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ITAT: Illness of MD of Company Not Sufficient Cause for Condoning Delay - 04.08.2022
Income Tax Appellate Tribunal (ITAT), Allahabad Bench has held that illness of Managing Director of company not sufficient cause for condoning delay of 1473 days.
Tags : ITAT Condoning Delay Managing Director
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ITAT: Decision Taken by Authorities in Previous Year Would Not Operate as Res Judicata - 04.08.2022
Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that decision taken by authorities in previous year would not operate as res judicata for subsequent year.
Tags : ITAT Res Judicata Previous Decision
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Delhi HC: No Recovery of IT Demand Relating to Issues Already Decided in Assessee’s Favour - 04.08.2022
Delhi High Court while upholding Central Board of Direct Taxes (CBDT) circular has quashed the recovery proceedings for the income tax (IT) demand relating to the issues already decided in favour of the assessee by relying on the circular issued by the CBDT.
Tags : Delhi High Court CBDT Circular Recovery
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Delhi HC: Arbitral Tribunal Has Power to Vacate/Modify its Earlier Order - 04.08.2022
Delhi High Court has held that arbitral tribunal does not have the power of substantive review of its order; however, it does have the power to vacate or modify the conditions of the interim order.
Tags : Delhi High Court Arbitral Tribunal. Vacate/Modify Interim Order
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ALLAHABAD HC: S.14A OF SC/ST ACT CONTAINS NO LIMITATION PERIOD TO BAR FILING OF APPEAL - 01.08.2022
Allahabad High Court has held that Section 14A of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act) puts no limitation on filing an appeal against an order under the provisions of the 1989 Act.
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