News Updates
In View Of Brahmapuram Fire, Kerala High Court Vacates Stay On NGT Directions To Cochin Corporation
In view of the fire which erupted in the Brahmpauram waste dumping yard, the Kerala High Court on Monday vacated the stay it had granted in 2018 on the directions passed by the National Green Tribunal to the Cochin Corporation. In October 2018, the NGT had imposed a fine of Rs. 1 Crore on the Cochin Corporation for its delay in setting up a solid waste treatment plant at Brahmapuram in...
[Land Acquisition] Sale Deed Relevant Factor For Determining Just & Fair Compensation: Himachal Pradesh High Court
The Himachal Pradesh High Court on Monday ruled that for determining the value of a piece land, both transactions, i.e. acquisition of land vide Award as well as sale deed are relevant for determining the value of land and, therefore, for arriving at just and fair value of land, it would be appropriate to consider both these transactions and determine the value of land...
Lease Premium & Lease Rent Not Included In Explanation To Section 14(1)(D) Of IBC: NCLAT Delhi
The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Rakesh Kumar Jain (Judicial Member) and Mr. Naresh Salecha (Technical Member), while adjudicating an appeal filed in Sunil Kumar Agarwal v New Okhla Industrial Development Authority, has held that Explanation to Section 14(1)(d) of IBC does not include lease premium or lease...
Meghalaya High Court Asks State To Identify 'Kingpins' Of Illegal Coal Mining, Take Appropriate Legal Action
The Meghalaya High Court on Monday expressed hope that the State will take effective steps to identify kingpins of illegal coal mining and take appropriate action in the matter.A full bench comprising Chief Justice Sanjib Banerjee and Justices H. S. Thangkhiew & W. Diengdoh was hearing a Public Interest Litigation on the menace of Illegal Coal Mining in the State. During the hearing Dr...
Representation On Making RTE Act Compulsory Subject In All Law Schools Will Be Looked Into: BCI To Delhi High Court
The Bar Council of India (BCI) on Tuesday told the Delhi High Court that it will look into and decide a representation for making Right of Children to Free and Compulsory Education Act, 2009, or RTE Act, a compulsory subject for students in all law schools, within a reasonable time. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a...
CESTAT Allows Cenvat Credit On Service Tax Paid By Automotive Dealers
The Mumbai Bench of the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has allowed the cenvat credit on service tax paid by automotive dealers.The two-member bench of S. K. Mohanty Member (Judicial Member) and C.J. Mathew (Technical Member) has relied on the Supreme Court's decision in the case of CCE & C versus MDS Switchgear Ltd., in which it was held that once the...
Eviction Of Air India Employees Due To Privatisation Cannot Be Termed An Industrial Dispute: Bombay High Court
Holding that Air India employees were granted accommodation on leave and license and not as a matter of right, the Bombay High Court has held that eviction of employees due to privatisation cannot be termed an Industrial dispute.A division bench of Justice SV Gangapurwala and Justice Sandeep V Marne dismissed a batch of writ petitions filed by employee unions of Air India challenging the...
Gujarat High Court Registers Suo Moto PIL Regarding Alleged Use Of Minors To Traffic/Supply Drugs In Ahmedabad
The Gujarat High Court today initiated a suo moto Public Interest Litigation (PIL) regarding the alleged use of minor girls to traffic/push drugs in the city of Ahmedabad. A notice has been issued to the State Government through the Secretary Home Department, the Director General of Police, the Women and Child Development Department, the State of Gujarat and the Inspector General of...
A ‘No-Claim Declaration’ Given By Party Would Not Extinguish Its Remedy To Invoke Arbitration: Delhi High Court
The Delhi High Court has ruled that while dealing with a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), if the arbitration clause between the parties in the Special Conditions of Contract (SCC), which does not contain the mandate of a pre-arbitral procedure, is claimed to be overridden by another arbitration clause existing in the...
When Financial Creditors Have Not Been Paid In Full, Operational Creditors Cannot Claim A Higher Amount: NCLT Ahmedabad
The National Company Law Tribunal (“NCLT”), Ahmedabad Bench, comprising of Dr. Deepti Mukesh (Judicial Member) and Shri Ajai Das Mehrotra (Technical Member), while adjudicating a petition filed in Noble Resource International Pvt. Ltd. v Sona Alloys Pvt. Ltd., has held that when Financial Creditors have not been paid in full in the Resolution Plan, the Operational...
Plea In Bombay High Court Against Govt's “Unlimited” Power To Attach Property Of Anyone Connected To Company Under Protection Of Depositors Act
The Bombay High Court has issued notice on a writ petition challenging the Government’s “unlimited” and “unrestricted” power to attach properties of anyone connected to a company under the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999.Section 4 of the MPID meant for the protection of depositors allows even personal property of the...
Every Act Affecting Emotions Not Criminal: Calcutta High Court Quashes Proceedings Against DSP Accused Of Harassing During Department Enquiry
The Calcutta High Court at Jalpaiguri recently quashed criminal proceedings under section 406 (Punishment for criminal breach of trust) and section 420 (Cheating and dishonestly inducing delivery of property) of IPC against a DSP, Government Railway Police, on the ground that allegations made against the petitioner did not depict any cognizable offence under the...