Tag: Stay

Stay on show-cause notice to Anil Ambani under Black Money Act to continue: Bombay HC

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Mumbai: The Bombay High Court on Wednesday continued till further orders an interim stay on show-cause notice and penalty demand issued to industrialist Anil Ambani by the Income Tax department under the Black Money Act.
A division bench of Justices Gautam Patel and Neela Gokhale posted Ambani’s petition challenging the notice and penalty demand for hearing on April 28, and gave time to the IT department to file its reply.
The HC had in September 2022 granted an interim stay to the show-cause notice pending hearing.

In March this year, Ambani’s lawyer Rafique Dada informed the court that the department later also issued a penalty demand notice to his client.
The court then granted interim stay to the demand notice too.
On Wednesday, when the petition came up for hearing, advocate Akhileshwar Sharma, appearing for the IT department, sought two weeks to file a “comprehensive affidavit” in response to the amended petition.
“The petition has been amended adding some more IT officials as respondents and (the petitioner) has also annexed certain new documents. The department wants time to file a comprehensive affidavit,” Sharma said.
The court directed that the affidavit be filed by April 21.

“The petition shall be listed for hearing on April 28. The interim orders passed earlier — stay on the show-cause notice and the penalty demand — shall continue till further orders,” the bench said.
The IT department issued a notice to Anil Ambani on August 8, 2022, for allegedly evading Rs 420 crore in taxes on undisclosed funds of more than Rs 814 crore held in two Swiss bank accounts.
The industrialist was liable to be prosecuted under Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act of 2015 which prescribes a maximum sentence of 10 years with fine, the IT notice said.
The department charged Ambani with “wilful” evasion, saying he “intentionally” did not disclose his foreign bank account details and financial interests.
Ambani in his petition claimed that the Black Money Act was enacted in 2015 and the alleged transactions were of assessment years 2006-2007 and 2010-2011.
The provisions of the Act cannot have retrospective effect, he argued.
According to the IT department’s notice, Ambani was an “economic contributor as well as beneficial owner” of Bahamas-based “Diamond Trust” and British Virgin Islands-incorporated Northern Atlantic Trading Unlimited (NATU).
He “failed to disclose” these foreign assets in his income tax return (ITR) filings and hence violated the Black Money Act, it said.
The act was brought in by the Narendra Modi government soon after it came to power in 2014.
IT officials assessed the total value of undisclosed funds in the two Swiss Bank accounts at Rs 8,14,27,95,784 (Rs 814 crore) and tax payable on this amount at Rs 4,20,29,04,040 (Rs 420 crore).
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#Stay #showcause #notice #Anil #Ambani #Black #Money #Act #continue #Bombay
( With inputs from www.siasat.com )

April 5, 2023
Trump mugshot should stay private, attorney says

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Following his indictment over alleged hush money payments, former President Donald Trump plans to fly to Manhattan to surrender on Tuesday morning. | Anna Moneymaker/Getty Images
An attorney for Donald Trump opposed the former president’s imminent mugshot being released, saying that it’s “not going to help anything” as he runs for re-election.
Following his indictment over alleged hush money payments, Trump plans to fly to Manhattan to surrender on Tuesday morning, where he’ll be arraigned, fingerprinted and photographed. When asked whether there should be cameras in the courtroom during Trump’s trial, Alina Habba, one of his attorneys, said she isn’t opposed to the idea.
When it comes to the former president’s mugshot, however, Habba said that should stay private since he’s running for president in 2024.
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#Trump #mugshot #stay #private #attorney
( With inputs from : www.politico.com )

April 3, 2023
SC refuses to stay conviction of Abdullah Azam Khan in criminal case, seeks UP’s reply

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New Delhi: The Supreme Court on Wednesday refused to stay the conviction and sentence of senior Samajwadi Party (SP) leader Azam Khan’s son Abdullah Azam Khan in a 15-year-old case without hearing the state.
A bench of justices KM Joseph and BV Nagarathna asked senior advocate Vivek Tankha and advocate Sumeer Sodhi to serve the copy of the petition to the standing counsel of Uttar Pradesh government and posted the matter for further hearing on April 5.
Tankha said Khan was a juvenile at the time of offence and hence his conviction and sentence be stayed.
“Sorry, for that we will have to hear the state also,” the bench said.
During the hearing, Tankha said Khan was juvenile at the time of incident and the high court has erred in not staying the session court’s order.
In his plea filed through Sodhi, Khan said he has challenged the order of Allahabad High Court dated March 17 by which it had asked the state to respond to the appeal in three weeks.
“The high court failed to appreciate the fact that if the application is not decided expeditiously then the same would be rendered infructuous and the petitioner would suffer irreparable harm which no court of competent jurisdiction would be able to undo even if the application is decided in favour of the petitioner,” it said.
Giving the detail of the case, he said the trial court had on February 13, convicted him for offences punishable under section 353 and 341 of IPC and other offences and sentenced him to undergo two years of simple imprisonment with a fine of Rs 2,000.

He said subsequent to the order of the trial court, the Uttar Pradesh Legislative Assembly secretariat on February 15, notified that Suar constituency of Rampur district of Uttar Pradesh has become vacant with effect from February 13.
Khan said he appealed the verdict of the trial court before additional sessions judge Rampur and also filed an application for stay of conviction and sentence but the court on February 28 dismissed the plea and application.
He said that on the same day he approached the high court against the order of the sessions court but the high court on March 17, granted a time period of three weeks to the state government to respond to his plea.
“In a nutshell, the case of the SLP petitioner before this court is that the impugned order passed by the high court is bad in law as the said order is passed without taking into account the urgent requirement of the issues involved in the application preferred by the petitioner,” the plea said.
Khan said that non-adjudication of his application in a time bound manner would render the same infructuous and therefore it is imperative that the high court considers the application as soon as possible, given the potential consequences of the conviction and sentence, which may include re-election on his assembly seat in the assembly.
“The petitioner believes that during the pendency of the application before the high court, by-election to the Rampur constituency would be announced. The petitioner is concerned that if such an announcement is made and thereafter, the high court passes a stay order the same would be rendered moot due to the announcement of the by-elections,” his plea said.
Khan said his conviction is legally unsustainable as he was a minor when the offence was committed.
“There are judicial orders to the effect that the date of birth of the petitioner is January 1, 1993, hence the petitioner was merely 15 years old at the time of commission of the offence in question. Accordingly, the entire trial proceedings are flawed,” he said.
The FIR against Khan, Azam and seven others was lodged in 2008.
Khan had sat on dharna on a state highway on January 29, 2008 as their cavalcade was stopped by police for checking in the wake of an attack on a Central Reserve Police Force (CRPF) camp in Rampur in Uttar Pradesh on December 31, 2007.
The FIR was lodged at the Chhajlait police station.
While Khan and Azam were sentenced to two years in jail under section 353 (criminal force to deter public servant from discharge of his duty) and other provisions of the Indian Penal Code (IPC), the seven other accused were exonerated.
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#refuses #stay #conviction #Abdullah #Azam #Khan #criminal #case #seeks #UPs #reply
( With inputs from www.siasat.com )

March 29, 2023
Wine shops, bars to stay shut on March 30 in Hyderabad

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Hyderabad: City authorities have ordered the closure of all liquor stores in the city in order to preserve law and order during the forthcoming Sri Rama Navami Shobha yatra.
The order, which applies to wine and toddy stores, bars, clubs, pubs, and five-star hotel bar rooms, will be in force from 6 a.m. on March 30 to 6 a.m. on March 31.
The decision was made as a preventive step to ensure that the celebrations are calm and that no adverse occurrences occur in Hyderabad.
The police have informed the public that they will keep a careful eye on the situation and will take strong action against anyone found violating the law. They have also warned against the illegal sale of spirits.
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#Wine #shops #bars #stay #shut #March #Hyderabad
( With inputs from www.siasat.com )

March 28, 2023
SC refuses to stay AP HC’s order on Amaravati; setback for YS Jagan’s govt

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In a blow for the YSRCP-led state government in Andhra Pradesh, the Supreme Court has refused to grant the state’s motion to postpone a March last year high court ruling ordering the YSRCP government to construct Amaravati as the state’s capital within six months.
The court will consider the plea, along with other petitions related to the subject on July 11, Justices KM Joseph and BV Nagaratna said.
In the state assembly, chief minister Jagan Mohan Reddy declared that he will relocate to Visakhapatnam and work from the coastal city beginning in July.
Justice Joseph will retire on June 16, and the case will be heard by a new bench in July.
After the erstwhile Andhra Pradesh’s bifurcation into Telangana and a new Andhra Pradesh (Seemandhra) in 2014, both were supposed to share Hyderabad as their capital for ten years.
But, then AP chief minister Chandrababu Naidu declared plans to establish a world-class greenfield capital in Amaravati and all the state bureaucracy was moved from Hyderabad to under plan Amaravati. Prime Minister Narendra Modi attended the seminal event.
Hundreds of acres of land were purchased, and large plans were put up for the construction of the new capital, despite the fact that funding proved to be a major obstacle.
Later, in May 2019, when YSRCP won the Assembly elections and YS Jagan Mohan Reddy became the chief minister, he alleged that the Naidu-led previous government committed a massive land purchase fraud, abandoned plans for a new capital in Amaravati, and abolished the AP Capital Area Development Authority (AP-CRDA).

Jagan announced decentralisation in new legislation, saying the state will have three capitals: a judicial capital in Kurnool, a legislative capital in Amaravati, and an executive capital in Vizag.
But this resulted in legal complications. In November, the government withdrew its decentralisation bill and cancelled the AP-CRDA.
In March 2022, the Andhra Pradesh High Court ruled in favour of Amaravati farmers, ordering that the capital be erected at Amaravati according to the master plan outlined in the Capital Area Development Authority Act within six months. The state government filed a petition with the Supreme Court.
This was in reaction to various applications filed by farmers challenging the repeal of the CRDA Act, which had been approved by the Telugu Desam Party (TDP)’s administration in order to create a magnificent capital at Amaravati, for which they had provided the land.
A high court division bench led by Chief Justice Prashant Kumar Mishra issued its final decision on a slew of petitions contesting the Decentralisation Act and the repeal of the Andhra Pradesh CRDA Act.
The state administration then repealed the AP Decentralisation Act and the CRDA Repeal Act in November.
The case was resumed by the high court when several petitioners stated that there were additional unsolved concerns related to the CRDA legislation, such as the transfer of developer plots to land owners who had handed away their farm lands, development or basic infrastructure, and land mortgaging in banks.
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#refuses #stay #HCs #order #Amaravati #setback #Jagans #govt
( With inputs from www.siasat.com )

March 28, 2023
Rahul case not linked to Adani issue, stay not sought to encash issue in polls: Prasad

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Patna: Senior BJP leader and former Union minister Ravi Shankar Prasad on Saturday rebutted the charge that Congress leader Rahul Gandhi was disqualified from the Lok Sabha because Prime Minister Narendra Modi was “scared” of his questions on the Adani issue.
Talking to reporters here soon after Gandhi addressed the press in Delhi, Prasad also alleged that the Congress did not seek a stay on the conviction by a Gujarat court so that it could “encash” the episode in Karnataka, where assembly elections are expected in about a month.
He said, “Priyanka Gandhi Vadra’s statement confirms that the Congress did not press into service its famed battery of legal experts with the Karnataka polls in mind. What else can explain their failure to show the alacrity which was for all to see in Pawan Khera’s case?”
VIDEO | “He (Rahul Gandhi) addressed a press conference in Delhi and did not say anything on the matter (On his conviction in the 2019 defamation case). He tried to mislead again,” says BJP leader @rsprasad. pic.twitter.com/p4xjS122bX
— Press Trust of India (@PTI_News) March 25, 2023
“We are not here to hold brief for Adani. But Gandhi sought to mislead the people to link his disqualification with Adani. He has been disqualified because of conviction in a case that relates to defamatory remarks he made in 2019,” added the BJP leader.
The Lok Sabha member from Patna Sahib asserted that Adani Group used to win contracts even when the UPA was in power at the Centre and was doing business in Congress-ruled states such as Rajasthan.
Rejecting Gandhi’s charge that his speech on Adani inside Parliament had left the Modi government tizzy, Prasad asserted that the Congress leader’s address was baseless and incoherent.
Taunting the Congress leader for the averment that he chose his words carefully, Prasad said, “It only proves that he made the defamatory remarks with due deliberation. This has been his habit. He is facing at least seven other cases of defamation, including the one lodged here by (former Bihar Deputy Chief Minister) Sushil Kumar Modi”.
Rejecting the charge of political vendetta, the BJP leader pointed out that “several political leaders have, so far, been disqualified upon their conviction by a court of law. Some of them belong to the BJP”.

A practicing lawyer, Prasad also dismissed the argument against a Gujarat court holding the Congress leader guilty for comments made outside the state, saying “Purnesh Modi (the BJP MLA who filed the petition) would have naturally felt offended by Gandhi’s remark about Modi surname. I would have felt the same had he said something similar about my surname”.
“As an opposition leader, Gandhi was entitled to criticize, but not abuse anybody. His remarks, indeed, were abusive and not critical. It denigrated the OBCs, a social group to which Prime Minister Narendra Modi belongs. The BJP is going to take up this humiliation of OBCs very seriously and launch a nationwide stir,” Prasad declared.
Prasad also remarked, tongue in cheek, that the Congress’ failure to immediately move for a stay against conviction “might indicate that there is internal politics in that party. Many are of the view that in this manner, let’s get rid of Rahul Gandhi”.
He said, “Rahul Gandhi needs to realize that it is not the BJP’s fault that the people are not ready to vote for him. He must give up the sense of entitlement that he is born to rule, being the son of Rajiv Gandhi and grandson of Indira Gandhi, both former Prime Ministers”.
He also lambasted Gandhi for having accused, at his press conference, a section of the media of partisanship towards the BJP and said, “Had we behaved in a similar fashion towards the press, all hell would have broken loose and threat to democracy would have been announced”.

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#Rahul #case #linked #Adani #issue #stay #sought #encash #issue #polls #Prasad
( With inputs from www.siasat.com )

March 25, 2023
Stay Alert Against Fraudsters: Important Message From J&K Bank

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Stay Alert Against Fraudsters: Important Message From J&K Bank On Safe And Smart Banking Practices

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J&K Bank urges you to remain vigilant against fraudulent activities and avoid sharing any confidential information over the phone or online. It is essential to remember that fraudsters are just a click away.
Always prioritise safe and smart banking practices and beware of potential threats.

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#Stay #Alert #Fraudsters #Important #Message #Bank
( With inputs from : kashmirpublication.in )

March 5, 2023
Kerry to stay on as Biden’s top climate diplomat

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Kerry’s relationship with his Chinese counterpart, Xie Zhenhua, has been a rare bright spot between the United States and China. Kerry has sought to carve out a separate lane to discuss climate with China, the world’s top emitter. He told The Boston Globe those talks have been paused for the past and was informed that Xie had been ill with Covid-19.
The future of natural gas and oil is sure to color the upcoming climate talks amid rising energy costs, energy security concerns stemming from Russia’s invasion of Ukraine and the UAE’s role as a major hydrocarbon producer.
The decision to stay in his current role, however, will also open Kerry up to investigations by the Republican-led House, with House Oversight Chair James Comer (R-Ky.) already requesting documents and communication from Kerry’s office. Kerry told the Globe “we have nothing to hide.”
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#Kerry #stay #Bidens #top #climate #diplomat
( With inputs from : www.politico.com )

February 27, 2023
Welcome HC stay on re-election for MCD panel members, step towards justice: Delhi BJP

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New Delhi: The BJP on Saturday welcomed the Delhi High Court ruling putting a stay on the re-election for six members of the Standing Committee of the MCD that was scheduled for February 27, and said this was a “step towards justice”.
Interacting with reporters, Delhi BJP working president Virendra Sachdeva said Mayor Shelly Oberoi had made a “wrong, immoral and unconstitutional announcement” on Friday to hold the election afresh.
“Now, the high court has put a stay on this unconstitutional move. And, this is a good decision, a decision that will sustain democracy. We welcome this stay. Truth will triumph and whatever result will eventually come out of it… We feel that the results of the technical experts in the election for the members of the Standing Committee will hold good,” he said.
Kamaljeet Sehrawat, BJP councillor and one of three candidates from the saffron party in the election, said the court’s stay meass that “our demands were valid”.
“The hearing went for one hour and 35 minutes, and the other party’s counsel was asked what right the mayor has in announcing a fresh election for the standing committee’s members without finality on the election already held on Friday. So, this is a step towards justice,” she told reporters.
Sehrawat, a senior BJP leader and a former mayor of south Delhi, said the entire election process went smoothly and counting was also done without any disturbance, then on what grounds a fresh election was announced, without completion of the poll already conducted.
BJP councillor Shikha Rai alleged that Mayor Shelly Oberoi was behaving like a “dictator” on Friday and not announcing the results, despite the technical experts having submitted the documents on it.
“On February 22 also, she had held councillors captive in the House by stretching the proceedings overnight and till next morning,” Rai alleged.

Earlier in the day, addressing a press conference, Sachdeva had alleged that the re-election for members of the MCD panel, called by the mayor on Monday, was “undemocratic and unconstitutional”.
Later in the day, the Delhi High Court stayed the re-election for six members of the Standing Committee of the MCD, on two pleas.
Justice Gaurang Kanth, in a special hearing held on a court holiday, said prima facie it appeared that the mayor, who was also the returning officer, is conducting the re-election on Monday without declaring results of the previous poll held on February 24 which is in violation of regulations.
The high court said the regulations nowhere reflect that the Delhi mayor has authority to declare the election of Standing Committee members as null and void.
It issued a notice to the returning officer and others on two pleas challenging the decision to hold re-election without declaring the results of the earlier poll.
“Notice to hold re-election shall remain stayed till the next date of hearing,” the judge said.
The Delhi BJP tweeted in Hindi on Saturday evening, “Delhi High Court has failed AAP’s plan. Kejriwal ji, how will your game of dirty politics go on?”
It also shared a news clip on the stay granted by the high court.
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#stay #reelection #MCD #panel #members #step #justice #Delhi #BJP
( With inputs from www.siasat.com )

February 25, 2023
Nitish Kumar will stay as CM in 2025 and 2030 too: Tejashwi Yadav

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Patna: While his RJD’s leaders are claiming that he will soon become Bihar Chief Minister, Deputy Chief Minister Tejashwi Yadav on Wednesday sought to shoot down all such speculation, saying that Nitish Kumar will not only become the Chief Minister in 2025 but also in 2030.
Talking to media persons in Jahanabad, Tejashwi Yadav said that as long as Nitish Kumar will stay on the post of Chief Minister, his political experience will be enhanced.
“Nitish Ji will stay on the Chief Minister’s post not only in 2025 but also in 2030. His political experience will enhance. Where is the problem?” he said.
“Now, you people (media) would find the meaning of it. He has the capacity to stay on the post of Chief Minister.”
The statement of Tejashwi Yadav came after JD-U national President Lalan Singh said that the CM face of Mahagathbandhan for 2025 assembly poll is not decided yet, while JD-U national General Secretary K.C. Tyagi went a step ahead to say that Nitish Kumar will not only stay as a Chief Minister in 2025 but also in 2030.
“We have only one motive – to remove BJP from the Centre in the 2024 Lok Sabha election. We are working on it. The Mahagathbandhan government is running under the leadership of Nitish Kumar. There is no confusion in it,” Tejashwi Yadav said.
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#Nitish #Kumar #stay #Tejashwi #Yadav
( With inputs from www.siasat.com )

February 22, 2023