News Updates
Weekly Digest Of IBC Cases: 13 March To 19 March 2023
Supreme Court IBC- Resolution Professional Entitled To Take Control Of Corporate Debtor's Rights In Assets Licensed To Third Parties : Supreme Court Case Title: Victory Iron Works Ltd. v Jitendra Lohia & Anr. Citation : 2023 LiveLaw (SC) 193 The Supreme Court Bench comprising of Justice V. Ramasubramanian and Justice Pankaj Mithal, has held that a resolution professional...
Sexual Assault Victims Entitled To Fair Trial, But Justice System's Responsibility Of Protecting Rights Of Accused Can’t Be Ignored: Delhi High Court
The Delhi High Court on Monday said that while the complainants in sexual assault cases are entitled to fair trial, the responsibility of criminal justice system towards protecting the rights of the accused persons cannot be ignored. Justice Swarana Kanta Sharma said that in cases of rape and sexual violence, “conceptualization of definition of sexual consent” is of utmost importance so...
Plea In Punjab & Haryana High Court Seeking Probe Into Lawrence Bishnoi’s TV Interview Dismissed As Withdrawn
A plea moved before the Punjab and Haryana High Court seeking a probe into the recent News Channel interview of alleged gangster Lawrence Bishnoi was today dismissed as withdrawn.The plea moved by Gourave Bhayyia, a Chandigarh-based lawyer, was withdrawn after the bench of Justice Vikram Aggarwal after giving him the liberty to move a Public Interest Litigation (PIL) plea in...
S.25F ID Act Not Complied: Jammu & Kashmir High Court Says Acceptance Of Compensation Won't Estop Workmen From Challenging Retrenchment
The Jammu and Kashmir and Ladakh High Court recently ruled that in cases where there is a failure on the part of an employer to abide by the prescription of Section 25 of the Industrial Disputes Act 1947, the application of doctrine of Estoppel cannot lie against the employee who accepted compensation, while challenging his retrenchment order.A bench comprising Justices Rajnesh Oswal and...
Delhi High Court Grants Interim Bail To Former Congress MLA Accused Of Misbehaving With Cop, Asks Him To Offer Services At Education Centre
The Delhi High Court on Monday granted interim bail to former Congress MLA Asif Mohammad Khan who is accused of allegedly misbehaving with a police officer, subject to the condition that he will offer services at an adult education centre.Justice Dinesh Kumar Sharma noted that Khan is an alumni of Jamia Millia Islamia University and directed him to offer the service thrice a week. The FIR...
‘Practising Christian, Not A Scheduled Caste Member’: Kerala High Court Annuls CPM MLA A Raja's Election From Reserved Constituency
The Kerala High Court on Monday declared CPM candidate A. Raja's 2021 election from the Devikulam Assembly constituency as void. Justice P. Somarajan said Raja is not a member of 'Hindu Parayan' within the State of Kerala and thus not qualified to be chosen to fill the Devikulam Assembly constituency that had been reserved for Scheduled Caste among Hindus.Factual MatrixThe petitioner, D....
Gyanvapi| Allahabad HC Directs ASI To File Reply On Safe Evaluation Of 'Shiva Linga' Age Sans Any Further Delay, Matter Posted For April 5
The Allahabad High Court today granted another chance to the Archaeological Survey Of India (ASI) to file its reply on the issue as to whether a safe evaluation of the age of the 'Shiva Linga', purportedly found inside the Gyanvapi Mosque complex, can be done. The Court has now posted the matter for hearing on April 5.The bench of Justice Arvind Kumar Mishra-I, however, asked it to expedite...
Gujarat High Court Issues Notice On PIL Against Illegal Salt Mining In Wild Ass Sanctuary
The Gujarat High Court has issued notice to the State on a PIL seeking urgent remedial legal action to curb non-forest activities of alleged illegal salt mining and illegal extraction of minerals, without requisite and legal permissions in the Wild Ass Sanctuary. The division bench of the Acting Chief Justice A.J. Desai and Justice Biren Vaishnav further directed:“The present petition which...
Bar Council Of Delhi Forms Committee To Examine Foreign Lawyer Entry Rules, Questions BCI's ‘Real Intentions’
The Bar Council of Delhi (BCD) has formed a committee to examine the newly notified Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. According to the press release issued today, the Committee will examine the Rules in consultation with the Presidents or Secretaries of the Bar Associations and other stakeholders. The BCD said...
Woman Entitled To Maternity Leave Even After Birth Of Child As Per Maternity Benefit Act 1961: Allahabad High Court
The Allahabad High Court recently observed that the provisions of the Maternity Benefit Act 1961 allowing for the grant of benefits to a woman would be applicable even after the birth of the child.The bench of Justice Ashutosh Srivastava also opined that a woman can avail of maternity leave even after the birth of the child and such benefit can even be extended in a case of legal adoption of...
Pay MBBS Fees As Per NRI Quota To Get Exit Permit: Karnataka High Court To US-Born Student Who Pursued Medical Under Govt Quota
The Karnataka High court has directed Union of India and the Bureau of Immigration to issue exit permit to a 26-year-old USA born student who misrepresented herself as Indian Citizen and pursued MBBS course under government quota, subject to her paying fees of the MBBS course at the rate that would be charged to NRI/overseas citizen of India. A single judge bench of Justice M Nagaprasanna took...
When Does Section 17 Of NGT Act Bar To Levy Compensation? NGT Explains
The principal bench of NGT (National Green Tribunal) comprising Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal (Judicial Member), and Dr Senthil Vel (Expert Member) has awarded compensation of ten lakhs rupees to the victims of the recent Gujarat explosion incident.The bench rejected the argument that the NGT is barred from granting compensation to the workmen under Section...