News Updates
NCLT Cannot Decide Controversies Relating To Attachment Of Property Under Benami Prohibition Act: NCLAT Chennai
The National Company Law Appellate Tribunal (“NCLAT”), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Naresh Salecha (Technical Member), while adjudicating an appeal filed in Mr. P. Eswaramoorthy v The Deputy Commissioner of Income Tax (Benami Prohibition), has held that NCLT is not the proper Fora to determine the controversies revolving...
Kerala High Court Expresses Displeasure At Mounting Contempt Cases, Asks Chief Secretary To Ensure Orders Are Obeyed By Officers In Letter & Spirit
The Kerala High Court on Tuesday expressed its anguish over the mounting contempt cases before it for violation of its orders by officers of the State.The court said that such a practice needs to be stopped and that if officials are not able to comply with the order of the court within the time frame fixed by it, they have to file an appropriate application before the court with proper...
“Neglected Duty”: Madras High Court Imposes 10K Cost On Revenue Officer For Rejecting Certificate To Children Claiming Mother's Community Status
The Madras High Court recently imposed ten thousand rupees cost on a Revenue Divisional Officer/Sub Divisional Magistrate who had rejected the community certificate for two kids belonging to the Kattunayakan community. The cost was imposed on a plea by the kid’s mother seeking to quash the rejection order and to direct the authorities to issue the community certificate. In the...
Delhi High Court Pulls Up Assistant Controller For Cut-And-Paste Order, Says Grant Or Rejection Of Patent A Serious Matter
The Delhi High Court has observed that the orders refusing applications for grant of a patent cannot be passed mechanically and that any decision to grant or refuse a patent has to be informed by “due application of mind” which must be reflected in the decision.Pulling up an Assistant Controller of Patents & Designs for passing a “copy-paste” order while refusing an application...
Calcutta High Court Criticizes The Approach Of Finance And Banking Companies Unilaterally Appointing The Arbitrator; Refuses To Enforce ‘Unilateral Appointment Award’
The High Court of Calcutta has deprecated the practice of banking and financial institutions unilaterally appointing the arbitrator. It refused to enforce an award passed by an arbitrator that was unilaterally appointed by the petitioner. The bench of Justice Shekhar B. Saraf has held that an arbitration award passed by a unilaterally appointed arbitration is non-est and...
Though Borrower Can File Civil Suit Despite The Remedy Of Counter Claim In DRT, In Light Of Section 8 Of The A&C Act, Bombay High Court Refers The Parties To Arbitration
The Bombay High Court has reiterated that the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) bars the jurisdiction of the Civil Court only in respect of the applications filed by banks/ financial institutions for recovery of debt, however, it does not bar the jurisdiction of the Civil Court to try a suit filed by the borrower. The bench of Justice Bharati Dangre remarked...
Air India Urination Case: Accused Moves Delhi High Court For Constitution Of Appellate Committee To Hear His Appeal Against ‘Unruly Passenger’ Tag
Shankar Mishra, accused in the Air India urination case, has approached the Delhi High Court for constitution of an appellate committee to hear his appeal against the order passed by airline’s inquiry committee designating him as an “unruly passenger” and banning him from flying for four months. Mishra, who was granted bail by a trial court in January, is accused of urinating on an...
'FIR Lodged Malafidely': Jharkhand High Court Quashes Case Against MPs Nishikant Dubey, Manoj Tiwari In Deoghar Airport Case
The Jharkhand High Court on Monday quashed the FIR lodged last year against MPs Nishikant Dubey, and Manoj Tiwari on the allegations of forcibly entering the Air Traffic Control (ATC) office in Deoghar and pressurizing the personnel to grant clearance to their chartered flight to take off from the airport. Terming the FIR to be ‘Malafide’ and observing that allowing the case...
Hyundai Motor India Ltd And Its Service Centre, Liable For Selling Defective Car; NCDRC Affirms
The National Consumer Disputes Redressal Commission (NCDRC) bench comprising President, Justice R.K. Agrawal, and Dr. S.M. Kantikar as the member has dismissed the Revision Petition filed by Hyundai Motor India Ltd. and confirmed the order passed by the State Commission. The Rajasthan State Commission had directed Hyundai Motor India Ltd and its authorized service centre to...
High Court Issues Notice To Punjab Govt On Gurmeet Ram's Plea For Quashing FIR Over Allegedly Hurting Religious Sentiments
The Punjab and Haryana High Court today issued a notice to the Punjab Government in a plea filed by Dera Sacha Sauda chief Gurmeet Ram Rahim Singh 'Insan' seeking the quashing of FIR lodged against him for his alleged remarks against Guru Ravidas and Saint Kabir.The FIR under Section 295A IPC [Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting...
NI Act | Hardship To Accused No Ground To Not Release Interim Compensation In Favour Of Complainants: Karnataka High Court
The Karnataka High Court has quashed an order passed by the appellate court refusing to release interim compensation deposited by the accused convicted under Negotiable Instruments Act in favour of complainants.A single judge bench of Justice K Natarajan allowed a batch of petitions and directed that 20% of the amount in deposit be released to the petitioners - complainants with...
Proper System Available To Redress Grievances Of Home Buyer, Not Bank’s Responsibility To Get Project Completed: Delhi High Court
The Delhi High Court has said that banks cannot be loaded with the responsibility of getting the real estate projects completed and they cannot assume the role of a builder to complete the project.The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that banks "can only give a red flag" to the borrower for misutilization of funds by the builder, and it...