News Updates
Calcutta High Court Grants Interim Relief To Couple Denied IVF Citing Age Bar In Assisted Reproductive Technology Act, Orders Preparation Of Embryo
The Calcutta High Court on Friday granted interim relief to a married couple who was denied IVF (In vitro Fertilization), citing the age bar for couples under Section 21(g) of the Assisted Reproductive Technology (Regulation) Act, 2021.The provision mandates a man to be aged above 21 years and below 55 years for being eligible for assisted reproductive technology services. The upper age limit...
Section 14 Of IBC Would Not Bar A Proceeding Under PMLA: NCLT Ahmedabad Reiterates
The National Company Law Tribunal, Ahmedabad Bench, comprising Dr. Madan B. Gosavi, (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) in Bank of India vs M/s Mayfair Leisures Ltd has held that Section 14 of IBC would not bar a proceeding under the Prevention...
Residuary Jurisdiction Of NCLT U/S 60(5)(c) of IBC , Can't Be Used To Interpret Terms Of An Agreement Relating To A Third-Party Contract: NCLT Ahmedabad
The National Company Law Tribunal, Ahmedabad Bench, comprising of Dr. Madan B. Gosavi (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating an application under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (“IBC”) filed by the Resolution Professional (“RP”) of JBF Petrochemicals Ltd in IDBI Bank Ltd vs JBF Petrochemicals Ltd. has held that...
Characterization Of Share Application Money By AO As Unexplained Cash Credit Is Devoid Of Necessary Verifications: ITAT
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that the characterization of the share application money of Rs. 25 lac by the AO as an unexplained cash credit under Section 68 of the Income Tax Act is clearly devoid and bereft of necessary verifications.The bench of Ravish Sood (Judicial Member) has observed that the matter, in all fairness, requires to be restored to...
Unsuccessful Resolution Applicant Has No Locus Standi To Challenge The Approved Resolution Plan: NCLAT Chennai
The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Ms. Shreesha Merla (Technical Member) while adjudicating an appeal filed in M.K. Rajagopalan v S. Rajendran & Anr., has held that an Unsuccessful Resolution Applicant has no locus standi to assail a Resolution Plan or its implementation since it is not...
IPS Officer Who Allegedly Got Conman To Pose As Chief Justice To Influence Corruption Probe Against Him Denied Anticipatory Bail By Patna High Court
The Patna High Court has refused anticipatory bail to IPS officer and former Superintendent of Police Aditya Kumar who had allegedly involved a conman to pose as the Chief Justice of the State in order to influence a corruption probe against him.A bench comprising Justice Anjani Kumar Sharan said there is ample evidence against Kumar in the form of electronic evidence, which establish...
Not Necessary For Party To Raise Objection Regarding Unilateral Appointment Before The Arbitrator, Can Be Raised In S. 34 Petition: Bombay High Court
The Bombay High Court has ruled that when one of the parties to the dispute has an overwhelming and unilateral power to appoint a Sole Arbitrator, the same completely vitiates such an appointment as the same is hit by Section 12(5) read with the Seventh Schedule of the Arbitration and Conciliation Act, 1996 (A&C Act). While dealing with a petition filed under Section 34 of the...
Madhya Pradesh High Court Initiates Suo Moto PIL Over Lawyers' Strike, Says Those Deliberating Avoiding Proceedings Will Face Serious Consequences
The Madhya Pradesh High Court at Jabalpur on Friday initiated Suo Motu Public Interest Litigation as a result of the communication by the Chairman of the State Bar Council of Madhya Pradesh asking the Advocates to abstain from court work from 23rd March. Division Bench consisting of Chief Justice Ravi Malimath and Justice Vishal Mishra observed that We are of the considered view that the duty...
Order XLVII CPC | Erroneous View Of Law Not A Ground For Review: Jammu & Kashmir High Court
The Jammu & Kashmir and Ladakh has reiterated that an erroneous view of law is not a ground for review and a court cannot rehear and correct an erroneous judgment by way of a review.A bench comprising Justice Sanjay Dhar passed the observation while hearing a petition seeking review of judgment passed by it, last year on December 23, 2022 whereby Civil First Appeal filed by the...
Delhi High Court Cautions PMLA Adjudicating Authority About Passing ‘Templated Orders’
The Delhi High Court has cautioned the Adjudicating Authority under Prevention of Money Laundering Act, 2002 (PMLA) about passing “templated orders” and said that using “identical templated paragraphs” must be avoided.“Use of identical templated paragraphs could reflect as non-application of mind by the Authority concerned and hence ought to be avoided. The Adjudicating Authority...
Actor Sexual Assault Case : Supreme Court Expresses Hope For Trial To Be Completed Expeditiously, Seeks Progress Report
The Supreme Court on Friday expressed hope that the ongoing trial in the 2017 Malayalam actor sexual assault case will be completed expeditiously. A Bench of Justices Dinesh Maheshwari and Sanjay Kumar expressed this while going through the Trial Judge’s report on the progress of the Trial so far in line with the Court’s earlier directions. It also directed the Trial Judge to send a...
BREAKING| Centre Notifies Appointment Of New Chief Justices In Allahabad, Chhattisgarh And Patna High Courts
The Central Government has notified the appointment of new Chief Justices for three High Courts.Justice Pritinker Diwaker, Judge of the Allahabad High Court, has been appointed as the Chief Justice of the Allahabad High Court.Justice Ramesh Sinha, Judge of the Allahabad High Court, has been appointed as the Chief Justice of the Chhattisgarh High Court.Justice K Vinod Chandran, Judge of the...