Top Legal Headlines - 3rd March, 2021


NATIONAL NEWS SUMMARIES

1.    Writ jurisdiction can be used to quash FIR: SC

•    In the case of Kapil Agarwal v. Sanjay Sharma, the Supreme Court of India has held that writ jurisdiction under Article 226 could be invoked for quashing an FIR.
•    This was held with regards to and FIR which had been lodged in abuse of the process of law.
•    “When the Court is satisfied that the criminal proceedings amount to an abuse of process of law or that it amounts to bringing pressure upon accused, in exercise of inherent powers, such proceedings can be quashed,” opined the Court.

2.    SC on application u/s 34 Arbitration Act

•    In the case of P Mohanraj & Ors v. M/s Shah Brothers Ispat Ltd, the Supreme Court has held that the limitation period u/s 34 Arbitration Act is covered under moratorium of IBC.
•    “A section 34 proceeding is a proceeding against the corporate debtor in a court of law pertaining to a challenge to an arbitral award and would be covered just as an appellate proceeding in a decree from a suit would be covered,” the Court observed.

3.    SC on petition u/s 34 Arbitration & Conciliation Act

•    In the case of Haryana Bijli Vitran Nigam Ltd v. M/s Navigant Technologies Pvt Ltd, the Supreme Court has held that the limitation period u/s 34 would start from the date of receipt of the arbitral award.
•    “There is only one date recognized by law i.e. the date on which a signed copy of the final award is received by the parties, from which the period of limitation for filing objections would start ticking,” the Court opined.

4.    The lawyer who sent birthday wishes to a Judge.

•    A lawyer had sent a birthday wish to a Judicial Magistrate (First Class) attaching her photo with the birthday wish.
•    He had been sent to jail on the allegations that he had downloaded the Judge’s photo from Facebook without authorization.
•    A bail plea has now been filed before the MP HC by the lawyers.

5.    SC on the payment to foreign companies  by Indian companies for using software

•    In the case of Engineering Analysis Centre for Excellence Pvt Ltd v. The CIT, the Supreme Court has held that the payment given to foreign companies  by the Indian companies for using software developed by them would not be considered royalty.
•    The Court held that such income would not be taxable in India.

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