News Updates
Disqualification Of Directors Under Section 164(2) Of The Companies Act: Delhi HC Interprets The Law [Read Judgment]
Delhi High Court has clarified the position of law in disqualification of directors under section 164(2) of the Companies Act. Under the said section, directors of companies that have defaulted on filing financial returns for 3 consecutive years are disqualified from being appointed as directors for 5 years. While ruling upon the retrospective applicability of section 164(2),...
Palarivattom Flyover Scam : Kerala HC Grants Bail To All Accused [Read Order]
The Kerala High Court on Monday granted bail in Palarivattom Flyover scam case to T O Sooraj, former Secretary to Kerala Public Works Department, Sumeet Goyal, Managing Director of RDS Projects(contractor) and M T Thankachan, former Additional General Manager of Roads and Bridges Development Corporation of Kerala. The Court had earlier denied bail to the three accused while granting bail...
NGT Seeks Status Report On Implementation Of GRAP To Reduce Air Pollution In And Around Delhi [Read Order]
Taking cognizance of deterioration of air quality in and around Delhi, National Green Tribunal has asked the Chief Secretary, Delhi, Chairman, DPCC, Member Secretary, CPCB and the concerned Joint Secretary, Ministry of Environment Forest and Climate Change (MoEF&CC) to remain present on Tuesday, to examine the status of implementation of Graded Response Action Plant (GRAP) and other...
Bhima Koregaon: Bombay HC Asks Gautam Navlakha To Withdraw Anticipatory Bail Plea And Seek Relief From Sessions Court
The Bombay High Court on Monday asked journalist and activist Gautam Navlakha to go before the sessions court seeking anticipatory bail and directed the Sessions Court to expedite hearing in the case.Justice PD Naik was hearing Navlakha's anticipatory bail application under Section 438 of CrPC.67-year-old Navlakha has been accused by the Pune police of having 'deep involvement' with Maoists...
Culpability Of A Member Of An Unlawful Assembly Is Vicarious In Nature : Gauhati HC [Read Judgment]
The Gauhati High Court on Friday held that members of an unlawful assembly may be held vicariously liable and the only pre-condition to that is a common object of committing the offence. Justice Manash Ranjan Pathak and Justice Sanjay Kumar Medhi in this behalf said, "…the distinction beyond common intention appearing in Section 34 and common object appearing in Section 149 of the...
When Offence Under Mine And Minerals Act Is Compounded, Prosecution U/S 379 IPC Will Not Survive : Karnataka HC [Read Order]
Karnataka High Court has held that if the offence under the Mines and Minerals (Development and Regulation) (MMDR) Act is compounded by collecting fine, prosecution under section 379, of Indian Penal Code, does not survive. Justice P B Bajanthri quashed the proceedings registered against Suresh K and Fransic @Manjunath Joseph at the Kadaba police station for the offence p/u/s 4(1) and...
Let's Maintain Peace & Harmony In Courts, Resume Work From Tomorrow : BCI Appeals To Advocates [Read Press Release]
The Bar Council of India in a press release on Monday made an appeal to members of the bar to maintain peace and harmony in the Courts and resume court work from Tuesday. BCI requested all the advocates to go carefully go through the Delhi High Court's order dated November 3, Sunday wherein a judicial enquiry into the clash between lawyers and police officials in Tis Hazari Court premises...
'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]
The Allahabad High Court on Friday reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused. The observation was made in agreement with the argument raised by the Applicants that trial court had simply recorded a conclusion that on the basis of the statement of the complainant and his witnesses, prima...
Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test
The Gujarat High Court has directed an 80 year old man to undergo DNA test.The court upheld an order of Family Court in a suit filed by a person who claimed that the man is his biological father. A man had filed a suit that, after the death of her first husband, his mother married the defendant, and thereafter they were living as husband and wife openly in the society. It was contended that...
'Every Act Of Disruption Of Public Order Will Not Amount To Offence Of Waging War' : Haryana Court In Dera Violence Case [Read Order]
A Panchkula Court in Haryana on Saturday dropped charges of waging war against India under Sections 121, 121A IPC against Honeypreet, the adopted daughter of convict Gurmeet Ram Rahim Singh, and 40 other accused in the 2017 Panchkula carnage case.. Judge Sanjay Sandhir of Additional District and Sessions Court Panchkula said, "as per the planning of the alleged meeting dated...
[Tis Hazari Violence] DHCBA Calls For Abstention Of Work Today
The recent incident of police firing at Advocates in the Tis Hazari Court has prompted the Delhi High Court Bar Association to call upon all its members to abstain from work today, i.e., November 4. The notice issued in this behalf read, "An emergent meeting of the Executive Committee was held on Saturday, 02.11.2019, to discuss and deliberate upon the action to be taken...
NCLAT Sets Aside IBC Order Passed By Judicial Member Alone In A Case Heard By DB
The NCLAT has set aside insolvency proceedings initiated against Ambience Pvt. Ltd by 'Vistra ITCL(India) Ltd.' on the ground that the matter was heard by a Division Bench of the NCLT Delhi, comprising of R. Vardharajan (Member Judicial) and Ms. Deepa Krishan (Member Technical) but the order was passed by a single bench comprising of only the judicial member. The application...