News Updates
ED Opposes Bail Heavily But Takes No Step To Begin Trial: Mumbai Court While Granting Bail To Yes Bank Founder In 200 Cr Loan Fraud Case
A PMLA court in Mumbai granted bail to Yes Bank Founder Rana Kapoor in a Rs 200 Crore loan fraud case. Special Judge MG Deshpande granted him bail on a PR bond of Rs 1 lakh. However, he will not walk out of prison as he is held in other cases as well. The court also came down heavily on the Enforcement Directorate for selectively arresting Kapoor and opposing bail but not taking...
Delhi High Court Upholds Notifications Levying GST On Auto Rikshaw, Bus Services Booked Through Apps Like Uber, Ola
The Delhi High Court on Wednesday upheld the validity of notifications issued by the Union of India levying goods and services tax (GST) on auto rickshaw and bus services booked through e-commerce platforms like Ola and Uber. A division bench of Justice Manmohan and Justice Manmeet Pritam Singh Arora observed that the notifications do not create an unreasonable classification on the basis of...
Supreme Court Collegium Recommends Appointment Of A Judicial Officer As Judge Of Chhattisgarh High Court
The Supreme Court Collegium has recommended the name of Sanjay Kumar Jaiswal, Judicial Officer for appointment as a Judge of the Chhattisgarh High Court. As per Collegium’s statement, on 02 September 2022, the then Chief Justice of the High Court of Chhattisgarh, in consultation with his two senior-most colleagues made the recommendation. The Collegium also noted that...
State Govt 'Recklessly' Permitted Human Settlements Near Elephant Habitats Leading To Increased Instances Of Man-Animal Conflicts: Kerala High Court
The Kerala High Court on Wednesday remarked that it is the State’s reckless actions in allowing human settlements near elephant habitats that have led to frequent human-animal conflicts.A division bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P made the observation while considering a review petition filed by Nenmara MLA K. Babu, against the order of the Court dated April...
Supreme Court Collegium Recommends Appointment Of Three Lawyers, One Judicial Officer As Judges Of Uttarakhand High Court
The Collegium of the Supreme Court has recommended the names of the following three Advocates and a Judicial Officer for appointment as Judges of the High Court of Uttarakhand: Advocates: Rakesh Thapliyal, Shri Pankaj Purohit, and Subhash Upadhyay. Judicial Officer: Vivek Bharti Sharma. The SC Collegium’s statement notes that on 07 September 2022, the Chief...
Supreme Court Collegium Recommends Appointment Of 7 Judicial Officers As The Judges Of Madhya Pradesh High Court
The Supreme Court collegium has recommended the names of the following seven District Judges for appointment as Judges of the High Court of Madhya Pradesh: Shri Roopesh Chandra Varshney, Anuradha Shukla, Sanjeev Sudhakar Kalgaonkar, Prem Narayan Singh, Achal Kumar Paliwal, Hirdesh, and Avnindra Kumar Singh. As per Collegium’s statement, the above names...
Practical Solution Needed At Earliest To Address Issue Of Frequent Vacancy In DRTs: Delhi High Court
The Delhi High Court has taken note of the issue of “frequent vacancy” arising in the national capital's Debt Recovery Tribunals, observing that the issue needs consideration and a practical solution has to be found at the earliest.A division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain noted that out of the three DRTs in Delhi, only two are functional currently. “Now...
Entries Made In Balance Sheet Amounts To Acknowledgement Of Debt As Per Section 18 Of Limitation Act, 1963: NCLT New Delhi
The National Company Law Tribunal, New Delhi Bench, comprising of Shri Bachu Venkat Balaram Das, (Judicial member) and Shri Rahul Bhatnagar (Technical Member), while adjudicating an application filed under section 9 of Insolvency and Bankruptcy Code, 2016 (“IBC, 2016”) in M/s SKC Infratech Pvt. Ltd vs M/s EOS Hospitality Pvt. Ltd. has reiterated that entries made in the Balance Sheet...
Delhi High Court: Justice Varma Invites Lawyers To Make Submissions On Court's Power To Partially Modify Arbitral Award, Other Issues On April 20
Justice Yashwant Varma of Delhi High Court has invited lawyers to make submissions on the aspect of court’s power to partially modify or set aside an arbitral award, doctrine of severability and scope of section 34(4) of Arbitration and Conciliation Act, 1996.As per the notice published in today’s causelist, the lawyers who wish to make submissions on the legal points can do so in...
Award Passed By A Unilaterally Appointed Arbitrator Is A Nullity, Cannot Be Enforced Under Section 36 Of The A&C Act: Calcutta High Court
The High Court of Calcutta has held that an arbitration award passed by an arbitrator who was unilaterally appointed by one of the parties cannot be executed under Section 36 of the A&C Act.The bench of Justice Shekhar B. Saraf held that a unilaterally appointed award does not carry the privilege of existence in the eyes of the law and is regarded as a nullity, therefore, there is nothing...
'Appalled By Insensitivity Towards Plight Of Animal' Kerala High Court Refuses To Interfere With Translocation Of Tusker ‘Arikkomban’
The Kerala High Court on Wednesday refused to interfere with its earlier direction to translocate the wild tusker ‘Arikomban’ to Parambikulam Tiger Reserve despite the review petition filed by MLA K Babu citing apprehensions of residents near the proposed site of translocation about the elephant entering human settlements.The court on 5th April had directed to tranquilise and translocate...
Bombay High Court Monthly Digest: March 2023
Nominal Index [Citation 126 – 175]Shoyab Mehtab Ali v. Divisional Commissioner and Anr. 2023 LiveLaw (Bom) 126Lok Developers vs Deputy Commissioner of Income tax - 2023 LiveLaw (Bom) 127Rakesh Tulsidas Rathod V/s. Jayraj Vishram Vapikar & Ors - 2023 LiveLaw (Bom) 128Dilip Babubhai Shah and Ors. v. Additional Resident Deputy Collector and Ors. 2023 LiveLaw (Bom) 129Shaikh Sana...