Author: Mayur Vinod Faria

This is Advocate Mayur Faria. I hope you found my information useful.

April 12, 2022

Delhi High Court has observed that the exemption under the provisions of the Income Tax Act, 1961 can’t be denied to a charitable entity merely because the advertisement for the scholarship to poor students was published in a single news paper.

Delhi High Court has dismissed the appeals against Moser Baer, filed by the income tax department in the light of the liquidation proceedings pending before the National Company Law Tribunal.

Delhi High Court has observed that the sufficiency or correctness of the material is not a thing to be considered at the stage of issue of notice under Section 148 of the Income Tax Act, 1961.

Delhi High Court has upheld the factual findings that the merit-cum scholarship/financial assistance provided by Hamdard National Foundation was not confined to students of a particular religious community, and exemption under Section 11 of Income Tax Act, 1961 can’t be denied to it.

Delhi High Court has dismissed a bunch of pleas challenging the minimum age criteria of 6 years for admission in class 1 for the academic year 2022-23 in Kendriya Vidyalayas.

Delhi High Court has dismissed Red Bull AG’s application for interim injunction against PepsiCo India, holding that prima facie, the latter’s tagline, stimulates mind, energizes body, on their energy drink, Sting, does not infringe the former’s Trademark in tagline, vitalize body and mind.

Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is prima facie violative of Article 21 of the Constitution.

Bombay High Court has observed that the Court under Section 27 of the Arbitration and Conciliation Act, 1996 does not have the jurisdiction to consider the validity of the reasons set out by the arbitral tribunal in its order permitting the examination of a witness.

Kerala High Court has observed that the High Court cannot waive the statutory mandate of pre-deposit merely on the plea of financial hardships.

Delhi Court has dismissed the bail plea moved by Sharjeel Imam in connection with a case alleging larger conspiracy into the Delhi riots of 2020, involving charges under Indian Penal Code, 1860 and Unlawful Activities (Prevention) Act, 1967.

April 13, 2022

Delhi High Court has ruled that when the agreement between the parties provides for compulsory mediation, the time spent in the mediation process shall be excluded from the limitation period for invoking arbitration process.

Delhi High Court has held that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 should quantify the amounts that are claimed before the Arbitral Tribunal by the claimant.

Delhi High Court has held that partial quashing or part quashing of First Information Report only qua the accused with whom the complainant has compromised or settled the matter can be permissible.

Delhi High Court has observed that a mere apprehension communicated by the prosecution that the accused may flee the course of justice, cannot be the sole determinative factor for denying benefit of Section 445 Code of Criminal Procedure, 1973.

Delhi High Court has observed that the Medical Assessment & Rating Board (MARB) is an authority entrusted with an essential task of regulating medical education in India. Therefore, it is expected to at least prima facie show some justification for its decisions.

Bombay High Court has held that acceptance of tax invoices by the opposite party, comprising a reference to arbitration, doesn’t lead to the presumption that an arbitration agreement exists between the parties.

Allahabad High Court has ruled that while investigating Kidnapping cases, the police authorities must first assess the victim girl’s age so that in case it is found that she is major and has taken any step for her life, then no one should be unnecessarily put to any harassment.

Punjab and Haryana High Court has observed that any acquisition for public use made by the government cannot be disputed by land owner. The Court has held that land was acquired for public use and vests in the State and the same is being utilized for allotment of plots.

Uttarakhand High Court has dismissed a petition challenging the decision of the Uttarakhand Subordinate Service Selection Commission to permit non B.Ed. candidates to apply for the post of Assistant Teacher L.T. Grade by amending Recruitment Rules during selection process.

Appellate Authority of Advance Ruling, Maharashtra has observed that the renting of immovable property to the social justice department is exempt from Goods and Services Tax and Tax Deducted at Source.

Can waive Cooling Period?

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Yes, the Cooling Period is now possible to waive. However, it is not that in every case the cooling period will be waived. After the Supreme Court Judgment in 2017, one can make an application for waiver of cooling period on specific ground of urgency and it is on the discretion of the Judge to decide whether the Cooling Period should be waived or no.

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Entire Procedure of Mutual Consent Divorce?

Following events are summary of the entire Mutual Consent Divorce:

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  1. File a Mutual Consent Divorce Petition in Family Court (Day 1).
  2. Both parties to appear and attend mediation / marriage counselling in the Court (Day 1).
  3. After marriage counselling, file First Motion (Affidavit) and appear before the Court / Judge and the Judge shall give a six months date as next date (Day 1).
  4. Six months cooling period (6 Months wait).
  5. On next date i.e. after six months from filing the Petition, both parties to appear and attend mediation / marriage counselling in the Court (6 Months).
  6. After marriage counselling, file Second Motion (Affidavit) and appear before the Court / Judge and the Judge will grant you Divorce and say that the marriage is dissolved (6 month).

Hence, above the entire process / procedure. Not more than six months.

Can I file a Mutual Divorce on my own / individually?

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Sorry but one Husband or Wife cannot just file a Mutual Consent Divorce Petition on their own without the consent of the other person. If the other spouse is not signing the Petition then the Mutual Consent Divorce Petition cannot be filed or granted. Just like the name suggest, both Husband and Wife have to come together and file Petition mutually.