Kingfisher case: HC admits banks' plea

Justice Anand Byrareddy of the high court on Friday admitted a petition filed by SBI and a consortium of 13 banks. They have sought the winding up of the beleagueredKingfisher Airlines Ltd (KAL).

The judge deferred the hearing as well as the process of issuing public notice about the winding-up process till the second week of January in order to hear arguments from both sides.

KAL counsel submitted a copy of an email sent to SBI with regard to the steps being initiated for reviving the company, including engaging the banks directly, the biggest creditors in the process.

However, banks' counsel told the court that no details are forthcoming about the revival in this communication. He added that KAL could have engaged the banks much earlier.

The judge extended the interim order restraining the SBICAP trustee company from taking possession of Kingfisher House, a prime property in Mumbai, which also houses the airline's main office.

More: http://timesofindia.indiatimes.com/india/kingfisher-case-hc-admits-banks-plea/articleshow/26983769.cms

HC asks Vodafone to move DRP in transfer pricing case

The Bombay High Court asked Vodafone India Services to move the Disputes Resolution Panel (DRP) of the Income Tax Department to resolve its Rs 1,300 crore transfer pricing case, leading to tax liability of Rs 400 crore, reports PTI.

The court, disposing of the petition, asked DRP to hear the case in two months, and gave Vodafone two weeks to approach it.
The case relates to FY-2010 when Vodafone India issued shares to its Mauritius-based arm for Rs 246.38 crore, which according to IT Department were grossly undervalued. Hearing Vodafone India’s petition challenging the transfer pricing by IT Department, Chief Justice Mohit Shah and Justice M S Sanklecha asked the telecom major to move the DRP for raising a preliminary objection as to whether the transaction comes within the purview of international taxation.

More: http://freepressjournal.in/hc-asks-vodafone-to-move-drp-in-transfer-pricing-case/

Farmers' suicide: HC seeks reply from banks, govt

In the matter of suicides by farmers of Bundelkhand region in UP, theAllahabad high court has asked banks and other financial authorities to inform it about the steps taken to give relief to the farmers in pursuance of the Reserve Bank of India (RBI) guidelines.

Fixing January 6 for further hearing, a division bench comprising Chief Justice Dhananjaya Yeshwant Chandrachud and Justice Dilip Gupta asked the State Bank of India, Allahabad Bank and the Central and state governments to file their respective replies (counter affidavit) in the matter within four weeks.

The court also asked whether any scheme to provide relief to the farmers has been prepared or not in pursuance of guidelines of the Reserve Bank of India (RBI) issued in July 2010 and on July 1, 2013.

The plight of farmers of Bundelkhand region came to limelight through various newspaper reports. In astonishing revelations, some newspaper reports published that the farmers in Bundelkhand region are committing suicide on failure of payment of bank loan. This region had been worst affected due to frequent draught and economic backwardness.

Earlier, at one stage, the court had taken suo moto cognizance of the plight of farmers of Bundelkhand region of UP. Taking a serious note of the plight of farmers, the court had also stayed the recovery of loan from farmers in the area by its earlier order dated July 13, 2011.

More: http://timesofindia.indiatimes.com/city/allahabad/Farmers-suicide-HC-seeks-reply-from-banks-govt/articleshow/26614445.cms

HC stays conviction in poaching case, Salman Khan can now go abroad

The Rajasthan high court on Tuesday stayed the five-year jail term awarded to actorSalman Khan in a black buck poaching case. The stay will allow Salman to apply for visa to any country including those who have, after the recent amendment in immigration rules, prohibited visa for any person who has been convicted for more than four years.

Salman was convicted by a CJM court on April 10, 2006 for poaching a black buck in Mathania in Jodhpur on the intervening night of September 28-29, 1998. He was tried under Section 51 of the Wildlife Protection Act (1972) and was sentenced to five years in jail with a fine of Rs 25,000.

"We had moved an application in the high court seeking a stay on the conviction after Khan's visa for UK expired recently and when he filed for fresh visa, he was denied the same because of the conviction order," said his counsel Lekh Raj Mehta.

His assistant Ramit Mehta said that they argued in the court that Khan's profession demanded him to visit foreign countries and huge money was at stake. "If he is not allowed to visit foreign countries scheduled for shooting, the films cannot be shot and his right to livelihood violated," Mehta argued.

Objecting to these arguments, additional advocate general R L Jangid argued that this was not a rarest of the rare case and also the Section of CrPC under which the application has been moved was not maintainable. The prosecution also raised the point over Khan's conduct referring to two cases in Jodhpur and one case in Mumbai pending against him.

But rejecting the arguments of prosecution, Justice Nirmal Jeet Kaur allowed the application of defence seeking stay on the conviction and said that it would no more come in his way of seeking visa for any country and travel abroad.

More: http://timesofindia.indiatimes.com/city/jaipur/HC-stays-conviction-in-poaching-case-Salman-Khan-can-now-go-abroad/articleshow/25663762.cms

Allow Jwala Gutta to participate in tournaments: HC to BAI

Coming to the rescue of ace shuttler Jwala Gutta, the Delhi High Court today stayed the Badminton Association of India's (BAI) decision not allow her to take part in any international tournament ins or outside the country in view of the disciplinary committee's recommendation for life ban on her for alleged indiscipline. Allowing her plea against BAI's October 7 order, Justice V K Jain directed the Association to allow her to participate in the Denmark Open Tournament scheduled to be held from October 15 to 20. Justice Jain, in an interim order, said "prima facie, the action initiated against the petitioner (Gutta) could not have been initiated under Clause 18 of the Memorandum. The impugned communication of October 7 therefore, needs to be stayed."

 The court recorded the petitioner's argument that a three- members committee is to take a final view on the punishment recommended by the disciplinary committee against her and the BAI President has arbitrarily issued an order not allowing her to participate in the tournaments. "In the absence of a final decision on the penalty to be imposed upon the petitioner(Gutta), the decision taken by the President or Secretary of BAI...would be rather premature. BAI, in my view, ought to have waited for the final decision on the penalty to be imposed upon her, instead of taking such an extreme action in the meanwhile," the court said in an interim order and stayed the October 7 order. 

The court also took note of the Association's failure to place on record any procedure under which the decision was taken by its officials against any badminton player for his misconduct and said that in the absence of any such rules and regulations it is not possible for the court to ascertain as to who was competent to initiate disciplinary action against the petitioner, what was the procedure required to be followed for taking such an action...." Referring to the Association's argument that yesterday it had sent a communication to the organizers of the Denmark Open Tournament withdrawing the name of the petitioner from the tournament, the court asked BAI to withdraw the same. "...The respondent No 2(BAI) is directed to forthwith withdraw the said communication and permit the petitioner to participate in the aforesaid tournament. 

Till further orders of the court, BAI shall not withdraw the name of the petitioner from any tournament and shall duly consider her, subject to her being otherwise eligible, for participation in the national or international tournament, inside or outside India," the order said. Another upcoming badminton tournament in which Gutta was to participate is the French Open to be held from October 22 to 27. The BAI's disciplinary committee has recommended a life ban on Gutta for trying to stop some players of her franchise Krrish Delhi Smashers from playing a match against Banga Beats in the Indian Badminton League in August this year. Gutta approached the high court challenging the decision of BAI to recommend a life ban on her for alleged indiscipline in the IBL saying "the order has been issued in violation of settled principles of natural justice and fairness without giving her a hearing."

 A controversy had erupted during the August 25 tie when Delhi Smashers had allegedly threatened to pull out against Banga Beats over the last-minute replacement of injured singles player Hu Yun of Hong Kong with Denmark's Jan Jorgense. Last week, BAI's disciplinary committee had recommended a life-ban on Gutta, India's leading doubles players who has won a world championship bronze and Commonwealth Games gold medal partnering Ashwini Ponappa.

More: http://www.deepikaglobal.com/ENG6_sub.asp?newscode=74211&catcode=ENG6&subcatcode=

High Court acquits 26 accused in 1997 Dalit massacre case in Bihar

The Patna High Court today set aside the conviction of 26 persons, including 16 who were awarded death sentence by a lower court, in the massacre case of 58 Dalits at Laxmanpur Bathe village of Bihar's Jehanabad district 16 years ago.

A division bench comprising Justices VN Sinha and AK Lal passed the order on the appeals filed by the convicted persons.

Absolving the 26 convicts of all charges for lack of evidence against them in the case, the bench directed their immediate release.

"We are of the view that the prosecution witnesses are not reliable...so, all convicted persons are entitled to the benefit of doubt," they said.

The court had reserved its order on appeals filed by the 26 convicts after completion of the hearing in the matter on July 27.

Suspected men owing allegiance to outlawed upper caste militia Ranveer Sena had allegedly massacred 58 Dalits at Laxmanpur Bathe on December 1, 1997.

In 2010, Additional District Judge Vijay Prakash Mishra had convicted 26 persons and awarded death sentence to 16 of them and life sentence to the remaining 10 after finding them guilty.

The convicted persons had subsequently filed appeals in the Patna High Court challenging the order.

Credits: ndtv