News Updates
Weekly Digest Of IBC Cases: 27 February To 6 March 2023
NCLAT Defences Of ‘Pre-Existing Dispute’ Or ‘No Amount Due’ Can Be Raised Directly In Reply To Section 9 Application: NCLAT Delhi Case Title: Greymatter Entertainment Pvt. Ltd. v Pro Sportify Pvt. Ltd. Case No.: COMPANY APPEAL (AT) (INSOLVENCY) NO. 1043 of 2021 The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok...
Bribery Case: Bengaluru Court Restrains 46 Media Organisations From Publishing Any Defamatory Opinion Against BJP MLA Madal Virupakshappa, His Son
A Civil court in Bengaluru has temporarily restrained media houses from airing or broadcasting or publishing any defamatory opinion against BJP leader Madal Virupakshappa and his son Prashanth Kumar M V, who are both accused in a bribery case.Judge Balagopalkrishna in the order said, “The defendants are hereby temporarily restrained from Airing or Broadcasting or publishing or expressing...
Issuance Of SCN in Customs Brokers Licensing Regulations, Contemplates Dispatch Of Notice And Not Its Receipt: Delhi High Court
The Delhi High Court has ruled that the expression ‘issuance of show cause notice’ in Regulation 20(1) of the Customs Brokers Licensing Regulations, 2013 (CBLR), merely contemplates the dispatch of the notice and not its receipt by the Customs Broker, within the stipulated period. The bench of Justices Vibhu Bakhru and Amit Mahajan observed that there is a distinction...
Meghalaya High Court Junks Plea Challenging Reconstitution Of Meghalaya Waqf Board, Says Petitioners Lack Locus
Meghalaya High Court on Monday dismissed a plea challenging the reconstitution of Meghalaya Waqf Board, observing that the writ petitioners have no locus standi to put a challenge to the impugned notifications, and on the question of maintainability itself, the writ petition fails.The petitioners had contended that the newly constituted Meghalaya Waqf Board is violative of the...
Debt Arising Out Of Different Work Orders Can Be Clubbed To Meet Minimum Thershold Of Rs. 1 Crore: NCLT Mumbai Reiterates
The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Shri Kishore Vemulapalli (Judicial Member) and Shri Prabhat Kumar (Technical Member), while adjudicating a petition filed in A J Buildcon Private Limited v Patel Engineering Limited, has reiterated that debts arising from different work order(s) can be clubbed to satisfy the minimum threshold limit of Rs....
Whether Proceedings Under NI Act Become Infructuous If Creditor Opts IBC?: Delhi High Court Issues Notice
The Delhi High Court Bench comprising of Justice Jasmeet Singh, while adjudicating a petition filed in Ashwani Arya & Anr. v Rajat Mitra Proprietor of M/s. Caldron Graphics, has issued notice in the petition filed under Section 482 of CrPC, wherein quashing of summons issued in a proceeding under Section 138 of Negotiable Instruments Act has been sought by the Director...
Conviction As Juvenile Does Not Stigmatize Future Employment As Police Constable: Madras High Court
The Madras High Court has noted that rejecting a candidate’s appointment for the sole reason that he was acquitted/convicted as a minor would go against the objectives of the Juvenile Justice (Care and Protection of Children) Act 2015. Justice R Subramanian and Justice Sathi Kumar Sukumarakurup came to the aid of a candidate who had applied for the post of Police Constable....
NCLT Delhi Approves Resolution Plan Of Suraksha Realty & Lakshdeep Investments & Finance For Jaypee Infratech LTD.
The National Company Law Tribunal (“NCLT”), Special Bench (New Delhi), comprising of Justice Ramalingam Sudhakar (Judicial Member) and Shri L.N. Gupta (Technical Member), while adjudicating a petition filed in IDBI Bank Limited v Jaypee Infratech Limited, has approved the Resolution Plan submitted by Consortium of M/s. Suraksha Realty Ltd. and M/s. Lakshdeep Investments &...
Kerala High Court Directs Registry To Preserve Audio-Video Recording Of Proceedings Leading To Contempt Case Against Lawyer
The Kerala High Court on Tuesday ordered the preservation of the audio-video recordings of the proceedings which took place in the court of Justice Mary Joseph on February 9, when a lawyer had indulged in alleged misbehaviour resulting in the initiation of suo motu contempt proceedings against him.The order was passed on a writ petition filed by Advocate Yeshwanth Shenoy, who is facing...
Brahmapuram Fire | Water Bodies Getting Converted Into Dump Sites, Proper Implementation Of Solid Waste Management Rules Necessary: Kerala High Court
The Kerala High Court on Tuesday asked the Secretary, Municipal Corporation of Kochi to inform the court regarding the steps to be taken by the civic body for implementing the Solid Waste Management and Handling Rules, 2016, in the wake of fire at Brahmapuram Solid Waste Management Plant.The Division Bench comprising Justice S.V. Bhatti and Justice Basant Balaji, while addressing the...
Bombay High Court Weekly Round-up [February 27- March 5, 2023]
Nominal IndexShoyab Mehtab Ali vs Divisional Commissioner and Anr. 2023 LiveLaw (Bom) 126Lok Developers vs Deputy Commissioner of Income tax 2023 LiveLaw (Bom) 127Rakesh Tulsidas Rathod V/s. Jayraj Vishram Vapikar & Ors 2023 LiveLaw (Bom) 128Dilip Babubhai Shah and Ors. v. Additional Resident Deputy Collector and Ors. 2023 LiveLaw (Bom) 129 Shaikh Sana Farheen Shahmir and Ors. v. State...
Delhi Waqf Board Challenges Union Govt's Decision On 123 'Waqf Properties', High Court Adjourns Matter To Next Week
The Delhi High Court on Tuesday adjourned Delhi Waqf Board's petition challenging Union Government’s decision to “absolve” the board from all matters pertaining to 123 properties, to March 15.Senior Advocate Rahul Mehra, representing the Waqf Board, earlier submitted before the court that the possession of the properties has consistently been with the statutory authority. He called...