News Updates
When Company Is An Offender, No Vicarious Liability Can Be Attached To Its Officers Unless Statute Specifically Provides So: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court recently quashed a criminal complaint filed under Essential Commodities Act, 1955 against the directors of a company on the ground that the complaint nowhere spells out as to how and in what manner the petitioners/accused were incharge of or were responsible to the accused company.Justice Rajesh Sekhri agreed that when companies are changed with...
Weekly Digest Of IBC Cases: 7 March To 12 March 2023
NCLAT NCLAT Delhi Upholds Remitting Of Resolution Plan Back To COC For Compliance Of Sec 30(2) IBC Case Title: Noble Marine Metals Co Wll V Kotak Mahindra Bank Limited & Ors. Case No.: Company Appeal (AT) (Insolvency) No. 653 of 2022. The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Ms....
Dispute In The Quantum Of Debt Cannot Be A Ground For Rejection Of Insolvency Petition: NCLT Delhi Reiterates
The National Company Law Tribunal, New Delhi Bench, comprising of Shri P.S.N. Prasad (Judicial member) and Shri Rahul Bhatnagar (Technical Member), while adjudicating a petition filed in M/s Intec Capital Limited Vs M/s SRD Management Company Private Limited has reiterated that dispute over quantum of debt cannot be a ground for rejection of insolvency petition. The tribunal admitted...
Body Cam Jackets For Customs Boarding Officers: CBIC Emphasis On The Need For Transparency
A circular from the Central Board of Indirect Taxes and Customs (CBIC) outlines how to increase transparency by using boarding jackets equipped with body-worn cameras (BWCs) that can record video and audio for use by the boarding officer.Every ship that enters the country notifies the Customs and Port Authorities of its arrival. Boarding officers are typically the first members of the...
Himachal Pradesh High Court Weekly RoundUp: March 6 - March 12, 2023
Nominal Index:Pankaj Kumar Lakhanpal & ors Vs State of HP & Ors 2023 LiveLaw (HP) 10Sh. Amin Chand Vs State of Himachal Pradesh 2023 LiveLaw (HP) 11Mohinder Singh Vs Himachal Pradesh Transport Corporation 2023 LiveLaw (HP) 12Sunita Sharma Vs State Of Himachal Pradesh 2023 LiveLaw (JKL) 13Anita Aggarwal Vs State of HP 2023 LiveLaw (HP) 14Judgements/Orders:State Cannot Deny Pay Parity...
Karnataka High Court Weekly Roundup [March 6 - March 12, 2023]
Nominal Index:Basavanand Swamigalu And State of Karnataka. 2023 LiveLaw (Kar) 94Syed Ghouse Mohiyuddin Shah Khadri And State of Karnataka. 2023 LiveLaw (Kar) 95ABC & others And XYZ. 2023 LiveLaw (Kar) 96A Manju And State of Karnataka. 2023 LiveLaw (Kar) 97Vihaan Direct Selling India Private Limited And The Assistant Director, Directorate of Enforcement. 2023 Livelaw (kar) 98M...
Madras High Court Weekly Round-Up: March 6 to March 12 2023
Citations: 2023 LiveLaw (Mad) 77 To 2023 LiveLaw (Mad) 84 NOMINAL INDEX The High court of Judicature at Madras v. Thirumalai and others, 2023 LiveLaw (Mad) 77 KS Manoj v. Union of India and others, 2023 LiveLaw (Mad) 78 The Superintendent of Police v. S Rajeshkumar, 2023 LiveLaw (Mad) 79 Saravanan and another v. Semmayee and others, 2023 LiveLaw (Mad) 80 SR v. MCR,...
Jammu & Kashmir And Ladakh High Court Weekly Roundup: March 6 - March 12, 2023
Nominal Index:Union Of India Vs Assistant Labour Commissioner & Ors 2023 LiveLaw (JKL) 43Jammu Development Authority Vs Jag Mohan Wazir & Anr 2023 LiveLaw (JKL) 44Syed Shahid Hamdani Vs UT of J&K 2023 (JKL) 45Bashir Ahmad Dar Vs Shameema & Ors 2023 LiveLaw (JKL) 46Arif Ahmad Khan Vs UT of J&K 2023 LiveLaw (JKL) 47J&K Service Selection Board Vs Vinkal Sharma 2023...
Delhi High Court Weekly Round Up: March 6 To March 12, 2023
Citations 2023 LiveLaw (Del) 204 to 2023 LiveLaw (Del) 225NOMINAL INDEXAditya Birla Finance Limited vs. Siti Networks Limited & Ors. 2023 LiveLaw (Del) 204Syed Shahbaz Hussain & Anr v. State 2023 LiveLaw (Del) 205COURT ON ITS OWN MOTION v. CENTRAL GOVERNMENT THROUGH SECRETARY, MINISTRY OF HOME AFFAIRS & ORS 2023 LiveLaw (Del) 206RKY v. MD 2023 LiveLaw (Del) 207SHOAIB ALAM v. STATE...
When Issuing Authority Verifies Experience Certificate, Counter-Signing Authority's Denial Won't Lead To Termination Sans Enquiry: Jammu & Kashmir HC
The Jammu and Kashmir and Ladakh High Court recently ruled that mere denial of counter signature on a certificate in absence of proper enquiry or finding does not warrant major punishment of termination of service, which becomes punitive in nature particularly when the order of termination is not simpliciter but the stigma is attached to the same.The observations were made by Justice Wasim...
Appellate Court Should Not Interfere With Trial Court's Acquittal Order Merely Because Two Views Are Possible: Gujarat High Court
A bench of Justice Rajendra M.Sareen of Gujarat High Court confirmed the acquittal of the accused person charged under Sections 498(A), 306 and 114 of the Indian Penal Code, 1860 (IPC).The court reiterated that when two views are possible, the judgment and order of acquittal passed by the trial Court should not be interfered with by the Appellate Court unless for the special reasons.The...
[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court
The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Court further permitted the payment of basic land tax by the petitioner company in its name.The Single...